[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[House]
[Pages H10235-H10887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 4818, CONSOLIDATED APPROPRIATIONS ACT, 2005

  Mr. YOUNG of Florida submitted the following conference report and 
statement on the bill (H.R. 4818) making appropriations for foreign 
operations, expert financing, and related programs for the fiscal year 
ending September 30, 2005 and for other purposes:

                  Conference Report (H. Rept. 108-792)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4818) ``making appropriations for foreign operations, export 
     financing, and related programs for the fiscal year ending 
     September 30, 2005, and for other purposes'', having met, 
     after full and free conference, have agreed to recommend and 
     do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

     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

[[Page H10236]]

     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

[[Page H10237]]

     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

[[Page H10238]]

     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.

[[Page H10239]]

                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:

[[Page H10240]]

     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 one 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 three 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''.

[[Page H10241]]

            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

[[Page H10242]]

     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''.


  Mc GOVERN-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

[[Page H10243]]

     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

[[Page H10244]]

     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 adding, ``, plus the 
     guarantee fee as authorized by subsection (h)(7)'' after the 
     phrase, ``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.

[[Page H10245]]

       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.

[[Page H10246]]

       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 (P.L. 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,'' 
     ``(excluding funding arrangements with federally recognized 
     Native American Indian Tribes or Alaska Native Corporations 
     under section 1240B(h))''.

[[Page H10247]]

       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--
       (a) In subsection (a), by striking ``permit'' and inserting 
     ``transfer title of ownership to an easement under this 
     subchapter to''; and
       (b) 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.

[[Page H10248]]

                     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. Code 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

[[Page H10249]]

     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

[[Page H10250]]

       (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

[[Page H10251]]

     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 servcie.''.

       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,

[[Page H10252]]

     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

[[Page H10253]]

     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

[[Page H10254]]

     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 deleting ``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 
     five 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

[[Page H10255]]

     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. 
     section 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. Sec. 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 
     one 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 
     adding ``(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; and
       (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

[[Page H10256]]

     program one-tenth of one 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. Sec. 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 
     one 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

[[Page H10257]]

     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

[[Page H10258]]

     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 out ``$150'' and inserting in 
     lieu thereof ``$250''.
       (b) Section 1931(a) of title 28, United States Code, is 
     amended--
       (1) in subsection (a) by striking out ``$90'' and inserting 
     in lieu thereof ``$190''; and
       (2) in subsection (b)--
       (A) by striking out ``$150'' and inserting in lieu thereof 
     ``$250''; and
       (B) by striking out ``$90'' and inserting in lieu thereof 
     ``$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.

[[Page H10259]]

                      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

[[Page H10260]]

     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

[[Page H10261]]

     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 one 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

[[Page H10262]]

     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.

[[Page H10263]]

                        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

[[Page H10264]]

     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, NY 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

[[Page H10265]]

     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).

[[Page H10266]]

                         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

[[Page H10267]]

     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: (a) the filing of a paper 
     application for the registration of a trademark shall be 
     $375; (b) the filing of an electronic application shall be 
     $325; and (c) 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;

[[Page H10268]]

       (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

[[Page H10269]]

     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 one year of the date of enactment of 
     this Act.

[[Page H10270]]

 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

[[Page H10271]]

     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 U.S. 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--

[[Page H10272]]

       (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.


                       adminsitrative 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 agency and 
     non-Federal actions addressed in the March 17, 2003 
     Biological Opinion.

[[Page H10273]]

       (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

[[Page H10274]]

     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

[[Page H10275]]

     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 
     two 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; and
       (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 Section (g) of the Small Business Act, 15 U.S.C. 
     Sec. 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. Sec. 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

[[Page H10276]]

     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 in 
     lieu thereof ``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);

[[Page H10277]]

       ``(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 6 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) 2 members for a term to expire on May 18, 2007;
       (B) 2 members for a term to expire on May 18, 2009; and
       (C) 2 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 3 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 1 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)).

[[Page H10278]]

                        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

[[Page H10279]]

      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

[[Page H10280]]

     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

[[Page H10281]]

     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

[[Page H10282]]

     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.

[[Page H10283]]

                     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,

[[Page H10284]]

     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 five 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 four 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

[[Page H10285]]

     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 
     one 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 of 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

[[Page H10286]]

     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

[[Page H10287]]

     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.

[[Page H10288]]

       (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 in lieu thereof 
     ``2005'';
       (2) in section 3(2), by striking ``and 2004'' and inserting 
     in lieu thereof ``2004 and 2005''; and
       (3) in section 6, by striking ``2004'' and inserting in 
     lieu thereof ``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

[[Page H10289]]

     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--

[[Page H10290]]

       (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 extrajudicial 
     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

[[Page H10291]]

     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''.

[[Page H10292]]

       (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

[[Page H10293]]

     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 section (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 in 
     lieu thereof ``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

[[Page H10294]]

     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 (1) accurately 
     accounting for revenues and expenditures in connection with 
     the extraction and export of the type of natural resource to 
     be extracted or exported; (2) the independent auditing of 
     such accounts and the widespread public dissemination of the 
     audits; and (3) 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

[[Page H10295]]

     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 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

[[Page H10296]]

     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 
     deleting ``2003-2004'' and inserting in lieu thereof ``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 proposed action 
     (including but not limited to any loan, credit, grant, or 
     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 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 
     of 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).

[[Page H10297]]

       (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''; and
       ``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: 
     (A) local private, nonprofit, or cooperative entities; (B) 
     Youth Conservation Corps crews or related partnerships with 
     state, local, or non-profit youth groups; (C) small or micro-
     businesses; or (D) 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

[[Page H10298]]

     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 
     U.S. 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

[[Page H10299]]

     $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: (A) 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 
     (B) 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: (A) 
     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 (B) 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

[[Page H10300]]

     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

[[Page H10301]]

     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

[[Page H10302]]

     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 sec. 
     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 sec. 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 sec. 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

[[Page H10303]]

     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

[[Page H10304]]

     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 one 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. 
     Sections 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. Section 458cc(g)(3),

[[Page H10305]]

     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 on 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.

[[Page H10306]]

       ``(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 it 
     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 one 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, NC, as an 
     advance direct lump sum payment for wood products waste water 
     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

[[Page H10307]]

     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).

[[Page H10308]]

       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

[[Page H10309]]

     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

[[Page H10310]]

     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.

[[Page H10311]]

           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

[[Page H10312]]

     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: (i) which is surplus to the needs of 
     domestic processors in Alaska; and (ii) 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--

[[Page H10313]]

       (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 in lieu thereof ``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

[[Page H10314]]

     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 two 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. sec. 1274) 
     is amended to add the following after paragraph (C) and 
     redesignate subsequent paragraphs accordingly:

[[Page H10315]]

       ``(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. secs. 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).
       (5) 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.

[[Page H10316]]

       (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.  source 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.

[[Page H10317]]

     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 
     cla8im 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

[[Page H10318]]

     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

[[Page H10319]]

     $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.

[[Page H10320]]

       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 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 U.S.C. Title 42 
     Section 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.

[[Page H10321]]

         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

[[Page H10322]]

     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 of 
     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, Vermont, 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

[[Page H10323]]

     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.

[[Page H10324]]

     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. ch. 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''; and
       (B) in subsection (e), by striking ``October 1, 2004'' each 
     place it appears and inserting ``October 1, 2005'';
       (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

[[Page H10325]]

     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

[[Page H10326]]

     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 five 
     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 U.S. 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

[[Page H10327]]

     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 one 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 of 
     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:

[[Page H10328]]

     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 P.L. 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 National 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 Code 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, TN 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, VA, 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, IA, for 
     exhibitions, $200,000 shall be awarded to Harbor Heritage 
     Society, Cleveland, Ohio, for MAKING WAVES: Vessel-wide 
     interpretive exhibit planning for the

[[Page H10329]]

     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, UT, for exhibit and program 
     development at the Hellenic Cultural Museum, $150,000 shall 
     be awarded to Hendry County, LaBelle, FL, 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, IA for 
     exhibits, multi-media collections, display, $72,000 shall be 
     awarded to Jackson County Library System, Ripley, WV, 
     $415,000 shall be awarded to James Ford Bell Museum of 
     Natural History, University of Minnesota, Minneapolis, MN, 
     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, KS 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 student 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 Robins, 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 education 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 Pavilion 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 Country 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, WI, 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, IN, 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.

[[Page H10330]]

                     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--

[[Page H10331]]

       (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 announcement of intent to reprogramm 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 reprogramm of 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

               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.

[[Page H10332]]

                  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)
       (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.

[[Page H10333]]

       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

[[Page H10334]]

       (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), 
     as 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

[[Page H10335]]

     $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

[[Page H10336]]

     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

[[Page H10337]]

     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

[[Page H10338]]

     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 in lieu thereof 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

[[Page H10339]]

     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.

[[Page H10340]]

       (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.
         This division may be cited as the ``Legislative Branch 
     Appropriations Act, 2005''.
         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 an 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 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 he 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 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 Appropriation 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 s fiscal year (paid out of the 
     applicable accounts of the House) of the expenses incurred by 
     the Sergeant at Arms and Door-keeper 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 the this section 
     shall apply with respect to fiscal year 2005 and each 
     succeeding fiscal year.

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,

[[Page H10341]]

     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

[[Page H10342]]

     $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:


        Project Name                                             Amount
Alameda Corridor--East Project, San Gabriel Valley, Californi$2,000,000
Alexandria Fiber Optic Cable for Traffic Signal Coordination, 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, Vi1,000,000
Intelligent Transportation System feasibility study and implementation 
  plan, Edmond, OK..............................................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, Tennessee1,000,000
Intelligent Transportation Systems, Illinois..................5,000,000
Intercity Transit ITS (Thurston County), Washington...........2,000,000
Interurban Transit Partnership, Grand Rapids, MI..............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, Texas500,000
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, NJ.............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, Washingt2,000,000
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 Preemption Upgrades, Culver City, California.............110,000
South Boulevard Signal System, North Carolina...................470,000
Springfield Regional Intelligent Transportation System, Missou2,000,000
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, Massachusett200,000
TMC Transportation Operations Center, Texas.....................500,000
Traffic Operations Center, City of Fresno, California...........500,000
Traffic Response and Information, Partnership Center, Maryland1,500,000
Transportation Management & Emergency Ops Center/Oakland, Califo750,000
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

[[Page H10343]]

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--Pha3,400,000


                          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

                          (highway trust fund)

                         (including rescission)

       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 section 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 (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

[[Page H10344]]

     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, NJ, $4,500,000 shall be 
     transferred to, and made available for, the following 
     projects in the specified amounts: Mantua Creek Overpass in 
     Paulsboro, NJ, $2,000,000; Delsea Drive Route 47 Timber Creek 
     in Westville, NJ, $787,000; Camden Waterfront Parking Garage 
     in Camden, NJ, $1,213,000; and Route 47 Chapel Heights Avenue 
     in Gloucester, NJ, $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 to 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 Interstate-10 bridge spanning Escambia Bay in Escambia 
     and Santa Rosa Counties, Florida.
       Sec. 128. Amend Section 14003 of Public Law 108-287, the 
     Department of Defense Appropriations Act, 2005 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

[[Page H10345]]

     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

[[Page H10346]]

     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 five-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 ninety 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

[[Page H10347]]

     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, 
     together 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 Upgrade11,409,506
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

[[Page H10348]]

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 Extensi81,640,000
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 Proje10,000,000
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, Wa4,000,000
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 
     of the 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

[[Page H10349]]

     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 USC 5309(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

[[Page H10350]]

     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.

[[Page H10351]]

           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

[[Page H10352]]

     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. Hereafter, notwithstanding any other provision of 
     law governing the disclosure of income tax returns or return 
     information, upon written request of the Chairman of the 
     House or Senate Committee on Appropriations, the Commissioner 
     of the Internal Revenue Service shall allow agents designated 
     by such Chairman access to Internal Revenue Service 
     facilities and any tax returns or return information 
     contained therein.
       Sec. 223. 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

[[Page H10353]]

     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 U.S. 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

[[Page H10354]]

     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.

[[Page H10355]]

                              (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, $60,600,000
       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.

[[Page H10356]]

                           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 rescission 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 the General Services 
     Administration 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. Sec. 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.

[[Page H10357]]

       (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.

[[Page H10358]]

                      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 this 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, 2991 (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.

[[Page H10359]]

       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.
       (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

[[Page H10360]]

     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 ten 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 fifty 
     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

[[Page H10361]]

     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

[[Page H10362]]

     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

[[Page H10363]]

     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 (a) 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 (b) 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. (a) In General.--Section 6402 of title 26, United 
     States Code, is amended by redesignating subsections (f) 
     through (k) as subsections (g) through (l), respectively, and 
     by inserting after subsection (e) the following new 
     subsection:
       ``(f) Collection of Past-due, Legally Enforceable State 
     Unemployment Compensation Debts.--
       ``(1) In general.--Upon receiving notice from any State 
     that a person owes a past-due, legally enforceable State 
     unemployment compensation debt to such State, the Secretary 
     shall, under such conditions as may be prescribed by the 
     Secretary--
       ``(A) reduce the amount of any overpayment payable to such 
     person by the amount of such unemployment compensation debt;
       ``(B) pay the amount by which such overpayment is reduced 
     under subparagraph (A) to such State and notify such State of 
     such person's name, taxpayer identification number, address, 
     and the amount collected; and
       ``(C) notify the person making such overpayment that the 
     overpayment has been reduced by an amount necessary to 
     satisfy a past-due, legally enforceable State unemployment 
     compensation debt. If an offset is made pursuant to a joint 
     return, the notice under subparagraph (B) shall include the 
     names, taxpayer identification numbers, and addresses of each 
     person filing such return.
       ``(2) Priorities for offset.--Any overpayment by a person 
     shall be reduced pursuant to this subsection--
       ``(A) after such overpayment is reduced pursuant to--
       ``(i) subsection (a) with respect to any liability for any 
     internal revenue tax on the part of the person who made the 
     overpayment;
       ``(ii) subsection (c) with respect to past-due support;
       ``(iii) subsection (d) with respect to any past-due, 
     legally enforceable debt owed to a Federal agency; and
       ``(B) before such overpayment is credited to the future 
     liability for any Federal internal revenue tax of such person 
     pursuant to subsection (b). If the Secretary receives notice 
     from a State or States of more than one debt subject to 
     paragraph (1) and/or subsection (e) that is owed by a person 
     to such State or States, any overpayment by such person shall 
     be applied against such debts in the order in which such 
     debts accrued.
       ``(3) Notice; consideration of evidence.--No State may take 
     action under this subsection until such State--
       ``(A) notifies the person owing the past-due legally 
     enforceable State unemployment compensation debt that the 
     State proposes to take action pursuant to this section;
       ``(B) gives such person at least 60 days to present 
     evidence that all or part of such liability is not past-due 
     or not legally enforceable;
       ``(C) considers any evidence presented by such person and 
     determines that an amount of such debt is past-due and 
     legally enforceable; and
       ``(D) satisfies such other conditions as the Secretary may 
     prescribe to ensure that the determination made under 
     subparagraph (C) is valid and that the State has made 
     reasonable efforts to obtain payment of such unemployment 
     compensation debt.
       ``(4) Past-due, legally enforceable state unemployment 
     compensation debt.--For purposes of this subsection, the term 
     `past-due, legally enforceable State unemployment 
     compensation debt' means overpayments of unemployment 
     compensation assessed under the law of a State certified by 
     the Secretary of Labor pursuant to section 3304 of the 
     Internal Revenue Code, which have become final under State 
     law and remain uncollected.
       ``(5) Regulations.--The Secretary shall issue regulations 
     prescribing the time and manner in which States must submit 
     notices of past-due, legally enforceable State unemployment 
     compensation debt and the necessary information that must be 
     contained in or accompany such notices. The regulations shall 
     specify the minimum amount of debt to which the reduction 
     procedure established by paragraph (1) may be applied. The 
     regulations may require States to pay a fee to the Secretary, 
     which may be deducted from amounts collected, to reimburse 
     the Secretary for the cost of applying such procedure. Any 
     fee paid to the Secretary pursuant to the preceding sentence 
     shall be used to reimburse appropriations which bore all or 
     part of the cost of applying such procedure. The regulations 
     may include a requirement that States submit notices of past-
     due, legally enforceable State unemployment compensation debt 
     to the Secretary via the Secretary of Labor in accordance 
     with procedures established by the Secretary of Labor. Such 
     procedures may require States to pay a fee to the Secretary 
     of Labor to reimburse the Secretary of Labor for the costs of 
     applying this subsection. Any such fee shall be established 
     in consultation with the Secretary of the Treasury. Any fee 
     paid to the Secretary of Labor may be deducted from amounts 
     collected and shall be used to reimburse the appropriation 
     account which bore all or part of the cost of applying this 
     subsection.
       ``(6) Erroneous payment to state.--Any State receiving 
     notice from the Secretary that an erroneous payment has been 
     made to such State under paragraph (1) shall pay promptly to 
     the Secretary, in accordance with such regulations as the 
     Secretary may prescribe, an amount equal to the amount of 
     such erroneous payment (without regard to whether any other 
     amounts payable to such State under such paragraph have been 
     paid to such State).''.
       (b) Disclosure of certain information to States requesting 
     refund offsets for past-due legally enforceable State 
     unemployment compensation debt.
       (1) Paragraph (10) of section 6103(l) is amended by 
     striking ``(c), (d), or (e)'' each place it appears and 
     inserting ``(c), (d), (e) or (f).''
       (2) Paragraph (10)(A) of section 6103(l) is amended by 
     inserting ``and to officers and employees of the Department 
     of Labor in connection with a reduction under subsection (f) 
     of section 6402'' after the words ``section 6402''.
       (3) The heading of paragraph (10) is amended by striking 
     ``subsection (c), (d), or (e) of section 6402 and inserting 
     ``subsection (c), (d), (e) or (f) of section 6402.''.
       (c) Conforming Amendments.--
       (1) Subsection (a) of section 6402 is amended by striking 
     ``(c), (d), and (e),'' and inserting ``(c), (d), (e) and 
     (f)''.
       (2) Paragraph (2) of section 6402(d) is amended by striking 
     ``and before such overpayment is reduced pursuant to 
     subsection (e)'' and inserting ``and before such overpayment 
     is reduced pursuant to subsections (e) and (f)''.
       (3) Subsection (g) of section 6402, as redesignated by 
     subsection (a), is amended by striking ``(c), (d) or (e)'' 
     and inserting ``(c), (d), (e) or (f)''.
       (4) Subsection (i) of section 6402, as redesignated by 
     subsection (a), is amended by striking ``subsection (c) or 
     (e)'' and inserting ``subsection (c), (e) or (f)''.
       (d) Effective Date.--The amendments made by this section 
     shall be effective as to refunds payable under section 6402 
     of the Internal Revenue Code on or after the date of 
     enactment.
       Sec. 644. Notwithstanding section 1346 of title 31, United 
     States Code, and section 610 of

[[Page H10364]]

     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) Any reference in a law, map, regulation, document, 
     paper, or other record of the United States to the United 
     States courthouse referred to in section (a) shall be deemed 
     to be a reference to the ``James R. Browning United States 
     Courthouse''.
       This division may be cited as the ``Transportation, 
     Treasury, Independent Agencies, and General Government 
     Appropriations Act, 2005''.

   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 transfer 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,

[[Page H10365]]

     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 transfer 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.

[[Page H10366]]

       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;

[[Page H10367]]

       (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; and
       (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,

[[Page H10368]]

     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

[[Page H10369]]

     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 insert in lieu 
     thereof ``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 insert in lieu thereof ``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. Rpt. 108-401) is 
     deemed to be amended with respect to numbers 418 and 423 by 
     striking out both specified grants and inserting in lieu 
     thereof ``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 in lieu thereof ``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 in lieu thereof 
     ``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 insert in lieu thereof 
     ``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 insert in lieu thereof ``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

[[Page H10370]]

     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 five 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 five 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 transfer 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 transfer 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,

[[Page H10371]]

     $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 Sec. 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

[[Page H10372]]

     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: (a) 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 (b) 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

[[Page H10373]]

     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.''.

[[Page H10374]]

       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 
     State 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.

[[Page H10375]]

                       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;

[[Page H10376]]

     $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 statewide 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, ``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, ``$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.

[[Page H10377]]

  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

[[Page H10378]]

     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 the 
     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 the 
     Congress, except in presentation to the 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.

[[Page H10379]]

       (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 out ``The prohibition in 
     subsection (e)'' and inserting in lieu thereof: ``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 section 
     2, 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.--Section 1 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 Act, the Village of Chickasaw must complete all 
     appropriate environmental 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

[[Page H10380]]

     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. section 
     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.

     SECTION 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. Sec. 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--
       (a) provides for the suspension of the payment of benefits, 
     modifies the conditions under which the payment of benefits 
     is suspended, or suspends actual adjustments in benefit 
     payments in accordance with section 203(a)(3)(B) of said Act 
     (29 U.S.C. Sec. 1053(a)(3)(B)) and applicable regulations, 
     and
       (b) 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''; and
       (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 where 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 
     five 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 Pub. L. 108-199 is amended:
       (1) by striking ``section 386 of the Energy Policy Act of 
     2003'' and inserting in lieu thereof ``section 116 of 
     Division C of Pub. L. 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 Pub. L. 108-324 is 
     amended:''
       (3) by striking ``paragraph 386(b)(1)'' and inserting in 
     lieu thereof ``paragraph (b)(1) of section 116 of Division C 
     of Pub. L. 108-324'';
       (4) by striking ``paragraph 386(c)(2)'' and inserting in 
     lieu thereof ``paragraph (c)(2) of section 116 of Division C 
     of Pub. L. 108-324''; and
       (5) by striking ``paragraph 386(g)(4)'' and inserting in 
     lieu thereof ``paragraph (g)(4) of section 116 of Division C 
     of Pub. L. 324;
       (b) Section 116(b) of Division C of Pub. L. 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 mount 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 provisions 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.''

[[Page H10381]]

       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 0.83 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 appopriation 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 dis 15 cretionary 
     account in any prior fiscal year appropriation Act; and
       (3) the contract authority provided in fiscal year 2005 for 
     any program subject to limitation con 19 tained in any 
     division or appropriation Act subject 20 to paragraph (1).
       (b) Proportionate Applications.--Any rescission 22 made by 
     subsection (a) shall be applied proportionately--
       (1) to each discretionary account and each item 24 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

     SECTION 1. SHORT TITLE.

       This title may be cited as the `225th Anniversary of the 
     American Revolution Commemoration Act'.

     SEC. 2. 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. 3. 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; andt
       (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.

     SEC. TITLE III--RURAL AIR SERVICE IMPROVEMENTS

       (a) Short Title.--This section 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)--

[[Page H10382]]

       ``(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. 1. 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. 11. SHORT TITLE.

       This subtitle may be cited as the ``L-1 Visa (Intracompany 
     Transferee) Reform Act of 2004''.

     SEC. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 21. SHORT TITLE.

       This subtitle may be cited as the ``H-1B Visa Reform Act of 
     2004''.

     SEC. 22. 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. 23. 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. 24. 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

[[Page H10383]]

     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 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. 25. 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. 26. 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. 27. 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).''.

[[Page H10384]]

     SEC. 28. 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. 29. 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. 30. 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 __22(b), 
     __26(a), and __27 shall take effect upon the date of 
     enactment of this Act.

                TITLE V--NATIONAL AVIATION HERITAGE AREA

     SEC. 1. SHORT TITLE.

       This title may be cited as the ``National Aviation Heritage 
     Area Act''.

     SEC. 2. 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

[[Page H10385]]

     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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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;

[[Page H10386]]

       (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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 1. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This title may be cited as the ``Oil 
     Region National Heritage Area Act.''.
       (b) Definitions.--For 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 
     3(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. 2. 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, 
     local subdivisions 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. 3. 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 5(b).

     SEC. 4. 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. 5. 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;

[[Page H10387]]

       (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 interest 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. 6. 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 5(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 5(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 a management plan submitted under this title no 
     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 representatives 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 
     is submitted.
       (d) Approving Changes.--The Secretary shall review and 
     approve amendments to the management plan under section 5(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. 7. 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 rule 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. 8. 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. 9. 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 
     request consent for such preservation, conservation, 
     orpromotion 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. 10. 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 viewed by the Secretary, the National Park Service, or 
     the management entity.

     SEC. 11. 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 12. 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. 1. SHORT TITLE.

       This title may be cited as the `Mississippi Gulf Coast 
     National Heritage Area Act'

[[Page H10388]]

     SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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 
     organization 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. 7. 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. 8. 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. 9. AUTHORIZATIONS 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.

          TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT

     SECTION 1. 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. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Recreation fee authority.
Sec. 4. Public participation.
Sec. 5. Recreation passes.
Sec. 6. Cooperative agreements.
Sec. 7. Special account and distribution of fees and revenues.
Sec. 8. Expenditures.
Sec. 9. Reports.
Sec. 10. Sunset provision.
Sec. 11. Volunteers.
Sec. 12. Enforcement and protection of receipts.
Sec. 13. Repeal of superseded admission and use fee authorities.
Sec. 14. Relation to other laws and fee collection authorities.
Sec. 15. Limitation on use of fees for employee bonuses.

     SEC. 2. 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

[[Page H10389]]

     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. 3. 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.

[[Page H10390]]

       (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. 4. 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 two and three years beginning on the date 
     of the members are first appointed. The Secretary may 
     reappoint members to subsequent two- or three-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. 5. 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.

[[Page H10391]]

       (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. 6. 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. 7. 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. 8. 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

[[Page H10392]]

     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 five-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 five-year period beginning on the date the 
     regional multientity pass agreement for that recreation pass 
     takes effect.

     SEC. 9. REPORTS.

       Not later than May 1, 2006, and every three years 
     thereafter, the Secretary shall submit to the 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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.

[[Page H10393]]

       (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. 15. LIMITATION ON USE OF FEES FOR EMPLOYEE BONUSES.

       Notwithstanding any other provision of law, fees collected 
     under the authorities of this 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

[[Page H10394]]

     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.--

[[Page H10395]]

       ``(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

[[Page H10396]]

     35-mile or 20-mile radius described in the preceding 
     sentence, shall be subject to royalty payments under section 
     (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

[[Page H10397]]

     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 one 
     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

[[Page H10398]]

     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

[[Page H10399]]

     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;
       ``(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, one 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

[[Page H10400]]

     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 one 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 one 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

[[Page H10401]]

     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 chapters 
     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 clauses:
       ``(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 amendments 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 one 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

[[Page H10402]]

     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.--Any 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 C.F.R. 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 in a single State;
       ``(B) on January 1, 2004, were each in designated market 
     ares 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 in lieu 
     thereof ``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 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

[[Page H10403]]

     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

[[Page H10404]]

     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.

[[Page H10405]]

       (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 __--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

[[Page H10406]]

     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--

[[Page H10407]]

       ``(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

[[Page H10408]]

     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.--

[[Page H10409]]

       (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

[[Page H10410]]

     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

[[Page H10411]]

     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.
       And the Senate agree to the same.

     Jim Kolbe,
     Joe Knollenberg,
     Jerry Lewis,
     Roger F. Wicker,
     Henry Bonilla,
     David Vitter,
     Mark Steven Kirk,
     Ander Crenshaw,
     Bill Young,
     Ralph Regula,
     David L. Hobson,
     Steven R. Rothman,
                                Managers on the Part of the House.

     Mitch McConnell,
     Thad Cochran,
     Judd Gregg,
     Richard C. Shelby,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Christopher S. Bond,
     Mike DeWine,
     Ted Stevens,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 4818) making 
     appropriations for foreign operations, export financing, and 
     related programs for the fiscal year ending September 30, 
     2005 and for other purposes, submit the following joint 
     statement to the House and Senate in explanation of the 
     effect of the action agreed upon by the managers and 
     recommended in the accompanying conference report.
       This conference agreement includes the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2005; the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 2005; the Energy and Water 
     Development Appropriations Act, 2005; the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     2005; the Interior and Related Agencies Appropriations Act, 
     2005; the Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act, 2005; 
     the Legislative Branch Appropriations Act, 2005; the 
     Transportation, Treasury, and Independent Agencies 
     Appropriations Act, 2005; the Departments of Veterans Affairs 
     and Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 2005; and other matters included in 
     division J.

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

                        CONGRESSIONAL DIRECTIVES

       The statement of the managers remains silent on provisions 
     that were in both the House and Senate bills that remain 
     unchanged by this conference agreement, except as noted in 
     this statement of the managers.
       The conferees agree that executive branch wishes cannot 
     substitute for Congress' own statements as to the best 
     evidence of congressional intentions-that is, the official 
     reports of the Congress. The conferees further point out that 
     funds in this Act must be used for the purposes for which 
     appropriated, as required by section 1301 of title 31 of the 
     United States Code, which provides: ``Appropriations shall be 
     applied only to the objects for which the appropriations were 
     made except as otherwise provided by law.''
       The House and Senate report language that is not changed by 
     the conference is approved by the committee of conference. 
     The statement of the managers, while repeating some report 
     language for emphasis, does not intend to negate the language 
     referred to above unless expressly provided herein.
       In cases in which the House or the Senate have directed the 
     submission of a report, such report is to be submitted to 
     both the House and Senate Committees on Appropriations.

                     TITLE I--AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

       The conference agreement provides $5,124,000 for the Office 
     of the Secretary as proposed by the Senate instead of 
     $4,185,000 as proposed by the House.
       The conference agreement provides the fiscal year 2004 
     funding level for cross- cutting trade negotiations and 
     biotechnology resources in the following accounts: Office of 
     the Secretary; Animal and Plant Health Inspection Service; 
     Grain Inspection, Packers and Stockyards Administration; and 
     the Foreign Agricultural Service.
       The conferees appreciate receiving the detailed information 
     provided in the Explanatory Notes prepared by the Department 
     and rely heavily on this information when considering budget 
     proposals. These materials have traditionally been prepared 
     for the sole use of the Committees on Appropriations in a 
     format consistent with the organization and operation of the 
     programs and the structure of the Appropriations Act. At the 
     direction of the Office of Management and Budget, the 
     Department has changed the format and content of these 
     materials to focus on broader goals and objectives rather 
     than the major program structure followed in the Act, and in 
     the actual conduct of the programs. The new organization and 
     content does not present budget information in a format 
     useful to the deliberations of the Committees. For fiscal 
     year 2006 and future years, the Department is directed to 
     present Explanatory Notes in a format consistent with the 
     presentation used for the fiscal year 2002 Budget. Any 
     deviations from that format are to be approved in advance by 
     the Committees.
       The Homeland Security Act of 2002 transferred a number of 
     functions previously under the direct jurisdiction of USDA to 
     the newly created Department of Homeland Security [DHS]. 
     Among these functions were research and diagnostic activities 
     located at Plum Island, New York, and Agricultural Quarantine 
     Inspection [AQI] activities located along our nation's 
     borders and at select transportation centers. The conferees 
     are aware of ongoing concerns within the agriculture sector 
     that the transfer of these responsibilities may shift the 
     focus away from agriculture to other priority areas of DHS. 
     In order to ensure that the interests of U.S. agriculture are 
     protected and that the intent of the Homeland Security Act of 
     2002 is being fully met, including the proper allocation of 
     AQI and other funds, the conferees request the Government 
     Accountability Office to provide a report, no later than 
     March 1, 2005, on the coordination between USDA and DHS in 
     protecting the U.S. agriculture sector, including a 
     description of the long-term objectives of joint activities 
     at Plum Island and the effectiveness of AQI and other 
     inspection activities.

[[Page H10412]]

       On previous occasions, both Committees have made clear that 
     they expect the administration to abide by the statutory set-
     aside for non-emergency food aid programs. The Bill Emerson 
     Humanitarian Trust (BEHT) exists so that the United States 
     can provide emergency food aid above the appropriated level 
     and not have to reduce funding for non-emergency programs. 
     The conferees are concerned that the administration has 
     continued to use non-emergency funds for emergency purposes. 
     The conferees urge the administration to use the trust for 
     its intended purpose. If the administration continues to 
     waive the non-emergency set-aside for emergencies that could 
     be funded from the BEHT, the Committees may consider taking 
     action to ensure this does not continue.
       Despite numerous communications from the Congress over the 
     past year urging USDA to improve the utilization and budget 
     of the U.S. National Arboretum, operated by the Agricultural 
     Research Service, the Department continues to neglect the 
     management of this important public resource. The Department 
     has failed to conclude longstanding discussions to enter into 
     effective fund-raising initiatives through the not-for-profit 
     association, Friends of the National Arboretum, which would 
     offer the prospects of enhanced financial resources beyond 
     federal taxpayers' dollars. At the same time, the Department 
     has failed to manage the budget of the Arboretum in a manner 
     that adequately provides for its current and future needs, 
     including appropriate security and public access measures. 
     The conferees are disturbed by the inadequacy of the 
     Department's actions to date, and direct the Secretary to 
     take immediate steps to address and resolve these 
     inadequacies. The conferees direct the Secretary to submit a 
     written report, within 30 days of enactment of this Act, to 
     the Committees on Appropriations on the steps taken as well 
     as plans for any additional steps to address such concerns. 
     The report shall include a timetable for implementation and 
     monitoring of results.

                          Executive Operations


                            CHIEF ECONOMIST

       The conference agreement provides $10,317,000 for the 
     Office of the Chief Economist instead of $10,810,000 as 
     proposed by the House and $9,817,000 as proposed by the 
     Senate.
       The conference agreement provides an increase of $1,500,000 
     for a preferred procurement system and a labeling system for 
     bio-based products.


                       NATIONAL APPEALS DIVISION

       The conference agreement provides $14,331,000 for the 
     National Appeals Division instead of $14,526,000 as proposed 
     by the House and $14,154,000 as proposed by the Senate. The 
     conferees provide an increase of $477,000 to be applied to 
     the highest priority needs for which additional funding was 
     requested.


                 OFFICE OF BUDGET AND PROGRAM ANALYSIS

       The conference agreement provides $8,228,000 for the Office 
     of Budget and Program Analysis instead of $8,246,000 as 
     proposed by the House and $8,128,000 as proposed by the 
     Senate.


                        HOMELAND SECURITY STAFF

       The conference agreement provides $775,000 for Homeland 
     Security Staff instead of $508,000 as proposed by the House 
     and $1,000,000 as proposed by the Senate. Of the amount 
     provided, $270,000 is to continue operations originally 
     funded by counterterrorism/homeland security supplemental 
     funds.

                Office of the Chief Information Officer

       The conference agreement provides $16,595,000 for the 
     Office of the Chief Information Officer instead of 
     $15,608,000 as proposed by the House and $17,595,000 as 
     proposed by the Senate. The conferees provide an increase of 
     $1,000,000 to be applied to the highest priority needs for 
     which additional funding was requested.
       The conferees have learned that the Department transferred 
     more than $16,000,000 in agency funds to the Office of the 
     Chief Information Officer in fiscal years 2003 and 2004 to 
     help finance several Presidential eGovernment initiatives. 
     The Department testified that, in addition, it collected 
     fiscal years 2003 and 2004 funds in unspecified amounts from 
     USDA agencies for its own eGovernment initiatives. The 
     conferees are extremely disturbed that the Department has 
     failed to comply with Section 718 of Public Law 108-199 that 
     plainly states that no funds 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. The USDA General Counsel's office advised the USDA 
     Chief Information Officer in a memorandum dated April 20, 
     2004, that the Department notify the Committees of its 
     intention to transfer funds to the Office of the Chief 
     Information Officer and await a response. Yet, in spite of 
     the clear legislative language and the General Counsel's 
     advice, the Department proceeded to transfer these funds 
     without the notification and approval of Congress. The 
     Department further testified that the cost of these 
     eGovernment initiatives will exceed $40,000,000 in fiscal 
     year 2005, and about its plans to use the Greenbook mechanism 
     to manage agency contributions towards funding these 
     initiatives. The conferees again direct that no funds be 
     transferred, contributed, pooled or otherwise made available 
     from the agencies to the Office of the Chief Information 
     Officer without the prior approval of the Committees on 
     Appropriations of both Houses of Congress. The conferees 
     further direct that the Department provide, no later than 
     February 1, 2005, a report on the fiscal years 2003, 2004, 
     and estimated 2005 funds, transferred to the Office of the 
     Chief Information Officer through interagency agreements, the 
     Greenbook mechanism, or any other means. The report should 
     identify the amounts transferred or otherwise made available, 
     by Agency, how those funds were or are to be used and the 
     impact of the transfers on agency program activities.


                      COMMON COMPUTING ENVIRONMENT

       The conference agreement provides $125,585,000 for common 
     computing environment as proposed by the Senate. The House 
     proposed funding these activities within the affected mission 
     areas.
       The conferees are aware that the acquisition of geospatial 
     data and Geographic Information System technologies is 
     critical to the Department of Agriculture's plans to 
     modernize its County Service Centers and install a common 
     computing environment that optimizes information sharing, 
     customer service, and staff efficiencies, and improves the 
     Department's ability to track and react to natural and/or 
     man-made disasters. Within the funds provided in this Act, 
     the conferees encourage the Department to provide the 
     appropriate level of support to the National Agricultural 
     Imagery Program for the acquisition of geospatial data and 
     Geographic Information System technologies.

                 Office of the Chief Financial Officer

       The conference agreement provides $5,742,000 for the Office 
     of the Chief Financial Officer as proposed by the Senate 
     instead of $5,811,000 as proposed by the House.


                          WORKING CAPITAL FUND

       The conference agreement provides $12,850,000 for the 
     Working Capital Fund as proposed by the House. The Senate 
     bill contained no such account. The conference agreement also 
     includes a general provision (Section 705) that authorizes 
     the Secretary to transfer unobligated balances of other 
     accounts to the Working Capital Fund.

           Office of the Assistant Secretary for Civil Rights

       The conference agreement provides $818,000 for the Office 
     of the Assistant Secretary for Civil Rights instead of 
     $803,000 as proposed by the House and $819,000 as proposed by 
     the Senate.

                         Office of Civil Rights

       The conference agreement provides $19,889,000 for the 
     Office of Civil Rights instead of $19,452,000 as proposed by 
     the House and $20,347,000 as proposed by the Senate. The 
     conferees provide an increase of $1,458,000 to be applied to 
     the highest priority needs for which additional funding was 
     requested.

          Office of the Assistant Secretary for Administration

       The conference agreement provides $669,000 for the Office 
     of the Assistant Secretary for Administration as proposed by 
     the House instead of $682,000 as proposed by the Senate.

        Agriculture Buildings and Facilities and Rental Payments

       The conference agreement provides $163,870,000 for 
     agriculture buildings and facilities and rental payments 
     instead of $128,216,000 as proposed by the House and 
     $170,870,000 as proposed by the Senate. The conferees provide 
     an increase of $3,000,000 for building operations and 
     maintenance to be applied to the highest priority needs for 
     which additional funding was requested.

                     Hazardous Materials Management

       The conference agreement provides $15,532,000 as proposed 
     by the Senate instead of $15,730,000 as proposed by the 
     House.

                      Departmental Administration

       The conference agreement provides $22,626,000 for 
     Departmental Administration as proposed by the Senate instead 
     of $22,939,000 as proposed by the House.

     Office of the Assistant Secretary for Congressional Relations

       The conference agreement provides $3,852,000 for the Office 
     of the Assistant Secretary for Congressional Relations as 
     proposed by the House and the Senate.

                        Office of Communications

       The conference agreement provides $9,365,000 as proposed by 
     the Senate instead of $9,378,000 as proposed by the House.
       The conferees direct the Office of Communications to 
     continue providing them with copies of open source news 
     material made available to USDA officials through the use of 
     appropriated funds.

                    Office of the Inspector General

       The conference agreement provides $78,289,000 for the 
     Office of the Inspector General as proposed by the Senate 
     instead of $78,392,000 as proposed by the House.

                     Office of the General Counsel

       The conference agreement provides $35,861,000 for the 
     Office of the General Counsel instead of $35,486,000 as 
     proposed by the House and $36,236,000 as proposed by the 
     Senate. The conferees provide an increase of $625,000 to be 
     applied to the highest priority needs for which additional 
     funding was requested.

  Office of the Under Secretary for Research, Education and Economics

       The conference agreement provides $592,000 for the Office 
     of the Under Secretary for Research, Education and Economics 
     as proposed by the House instead of $605,000 as proposed by 
     the Senate.

[[Page H10413]]

                       Economic Research Service

       The conference agreement provides $74,768,000 for the 
     Economic Research Service instead of $76,575,000 as proposed 
     by the House and $75,268,000 as proposed by the Senate.
       The conferees provide an increase of $3,500,000 to be 
     applied to the highest priority needs for which additional 
     funding was requested.
       The conference agreement does not adopt House report 
     language for a comprehensive study of WIC-only stores.

                National Agricultural Statistics Service

       The conference agreement provides $129,480,000 for the 
     National Agricultural Statistics Service instead of 
     $128,661,000 as proposed by the House and $130,299,000 as 
     proposed by the Senate. The conferees provide an increase of 
     $2,681,000 for requested program initiatives for agricultural 
     estimates. Also included in this amount is $22,405,000 for 
     the Census of Agriculture as proposed by the Senate, instead 
     of $22,520,000 as proposed by the House.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

       The conference agreement provides $1,110,887,000 for the 
     Agricultural Research Service, Salaries and Expenses, instead 
     of $1,057,029,000 as proposed by the House and $1,090,261,000 
     as proposed by the Senate.
       The conferees have agreed to increased funding for the 
     following areas of research: Budgeted increases, as follows: 
     Controlling Invasive Species, $500,000; Genetic Resources, 
     $400,000; Genomics Research, $1,200,000; Food Safety, 
     $4,313,000; Controlling Exotic/Emerging Diseases, $3,217,000 
     of which $800,000 is for soybean rust research at Ames, IA, 
     and Beltsville, MD; Native Plant Disease Recovery System, 
     $1,800,000; Information Technology/Cyber Security, $150,000; 
     Library and Information Services, $400,000; Obesity Epidemic 
     and Promote a Healthier Lifestyle, $500,000; and, Climate 
     Change Research Initiative, $519,000.
       Further increases, as follows: Aflotoxin in Cotton, 
     Phoenix, AZ, $150,000; Agricultural Genome Bioinformatics, 
     Ames, IA (Bioinformatics Institute for Model Plant Species), 
     $125,000; Air Quality Research, Logan, UT (Utah State 
     University), $125,000; Animal Waste Treatment, Florence, SC, 
     $50,000; Appalachian Horticulture Research, Poplarville, MS 
     (U TN/TN State), $200,000; Aquaculture Initiative for Mid-
     Atlantic Highlands, Leetown, WV, $100,000; Aquaculture 
     Research (University of Idaho, Hagerman Fish Culture Exp. 
     Station), $125,000; Arbuscular Mycorrhizal Fungi (Rodale 
     Institute), $46,000; Arkansas Children's Nutrition Center, 
     Little Rock, AR, $125,000; Biological Control and Agriculture 
     Research, Gainesville, FL, $50,000; Biotechnology Research 
     and Development Corporation, Peoria, IL, $80,000; Bovine 
     Genetics, Beltsville, MD (U CT/U IL), $100,000; Catfish 
     Genome, Auburn, AL, $225,000; Central Great Plains Research 
     Station, Akron, CO, $50,000; Cereal Crops Research, Madison, 
     WI, $100,000; Cereal Disease Research, St. Paul, MN, $25,000; 
     Chronic Diseases of Children, Houston, TX (Baylor U / Peanut 
     Institute), $125,000; Citrus and Horticulture Research, Ft. 
     Pierce, FL, $125,000; Citrus Waste Utilization, Winter Haven, 
     FL, $42,124; Coffee and Cocoa Research, Miami, FL, and 
     Beltsville, MD, $200,000; Corn Germplasm, Ames, IA, $150,000; 
     Cotton Pathology Research, Shafter, CA, $100,000; Cropping 
     Systems Research (U TN / West TN Ag Experiment Station), 
     $75,000; Dairy Forage (Madison, WI) $225,000; Delta Nutrition 
     Intervention Initiative, Little Rock, AR (Southern U Center 
     for Food Nutrition and Health Promotion), $50,000; Food 
     Fermentation Research, Raleigh, NC, $100,000; Forage and 
     Range Research (Logan, UT), $125,000; Ft. Pierce 
     Horticultural Research Laboratory (Ft. Pierce, FL), $100,000; 
     Foundry Sand By-products Utilization (Beltsville, MD), 
     $50,000; Golden Nematode (Ithaca, NY), $50,000; Grand Forks 
     Human Nutrition Lab (Grand Forks, ND), $75,000; Grape 
     Genetics (Geneva, NY), $125,000; Grape Rootstock (Geneva, NY) 
     $150,000; Grapefruit Juice/Drug Interaction, Winter Haven, 
     FL, $3,708; Greenhouse and Hydroponics Research, Wooster, OH, 
     $25,000; Hides and Leather Research, Wyndmoor, PA, $75,000; 
     Human Nutrition Research Center on Aging (Boston, MA) 
     (Equipment), $100,000; Improved Crop Production Practices, 
     Auburn, AL, Auburn University, $225,000; Improved Forage-
     Livestock Production, Lexington, KY, $90,000; Livestock and 
     Range Research (Ft. Keogh, MT), $50,000; Mid-West / Mid-South 
     Irrigation (Columbia, MO), $26,728; National Cold Water 
     Marine Aquaculture (Franklin, ME), $50,000; Northern Plains 
     Agricultural Research Lab (Sidney, MT), $75,000; Noxious 
     Weeds in the Desert Southwest (Las Cruces, NM), $63,000; 
     Nutrition Interventions, $50,000; Obesity Research/Children's 
     Nutrition Research Center (Houston, TX), $175,000, and Human 
     Nutrition Research on Aging (Boston, MA), $125,000; Ogallala 
     Aquifer (Bushland, TX), $850,000; Organic Minor Crop Research 
     (Salinas, CA), $125,000; Pecan Scab Research (Byron, GA), 
     $100,000; Phytoestrogen Research, SRRC (Tulane / Xavier / U 
     of Toledo), $100,000; Poisonous Plant Research Laboratory 
     (Logan, UT), $225,000; Potato Storage (Madison, WI), $1,593; 
     Poult Enteritis-Mortality Syndrome (Athens, GA), $50,000; 
     Quantify Basin Water Budget Components in the Southwest 
     (Tucson, AZ), $125,000; Regional Grains Genotyping (Raleigh, 
     NC ), $100,000; Residue Management in Sugarcane, Houma, LA, 
     $125,000; Salmonella, Listeria, E. coli, and other food 
     pathogens (Wyndmoor, PA), $199,931 (of which $50,000 goes to 
     Penn State); Seafood Waste, Fairbanks, AK (U of AK), $160,000 
     (of which $50,000 goes to the State of Alaska); Seismic and 
     Acoustic Technologies and Soils (Oxford, MS), $125,000; 
     Sorghum Research (Bushland, TX), $125,000; Southeastern Fruit 
     and Tree Nut Research (Byron, GA), $200,000; Soybean and 
     Nitrogen Fixation (Raleigh, NC), $100,000; Sudden Oak Disease 
     / Sudden Oak Disease Syndrome (Ft. Detrick, MD / Davis, CA), 
     $200,000; Sugarbeet Research (Kimberly, ID), $75,000; 
     Sugarcane Variety Research (Canal Point, FL), $175,000; 
     Sustainable Viticulture Research (Davis, CA), $50,000; 
     Transmissible Spongiform Encephalopathies, $225,000; Tree 
     Fruit Quality Research (Wenatchee, WA), $175,000; Turfgrass 
     Research (Beaver, WV), $150,000; United States National 
     Arboretum (Washington, D.C.), $125,000; U.S. Pacific Basin 
     Agricultural Research Center, Hilo, HI (Univ HI Manoa / Univ 
     HI Hilo), $125,000; Vaccines and Microbe Control for Fish 
     Health (Auburn University), $20,000; Verticillium Wilt 
     (Salinas, CA), $125,000; Waste Management Research, Bowling 
     Green, KY (Western Kentucky University), $137,500; and Wild 
     Rice Research (St. Paul, MN), $50,000.
       The conference agreement continues the fiscal year 2004 
     level of funding for all research projects proposed to be 
     terminated in the President's budget as provided in House 
     Report 108-584 and Senate Report 108-340 accompanying the 
     fiscal year 2005 Agriculture Appropriations bills, including 
     the following at all locations: Aquaculture Density Research 
     (Stuttgart, AR); Water Resources Management (Tifton, GA); 
     Water Use Management Technology (Tifton, GA); Great Basins 
     Rangeland (Boise, ID); Source Water Protection (West 
     Lafeyette, IN); Great Basins Rangeland (Reno, NV); Western 
     Grazinglands (Reno, NV); and, Pasture Systems and Watershed 
     Management (University Park, PA).
       The conference agreement provides an increase of $125,000 
     for the Children's Nutrition Research Center at Houston, TX, 
     for a cooperative research project with Baylor College of 
     Medicine and the Peanut Institute to examine ways to prevent 
     the onset of chronic diseases and the growing problem of 
     overweight children.
       The conferees direct that a portion of the funding for 
     grape rootstock should be allocated to support the ongoing 
     grape industry research strategic planning process.
       The conference agreement provides an increase of $75,000 
     above the fiscal year 2004 level for the Grand Forks Human 
     Nutrition Laboratory for a cooperative agreement with 
     the Northern Great Plains Research Laboratory, Mandan, ND, 
     the University of North Dakota, and North Dakota State 
     University on a healthy beef initiative.
       The conferees note the growing concern raised by the 
     soybean industry due to the threat of soybean rust. The 
     conferees also note the recent announcement by the Department 
     of Agriculture that soybean rust has now been confirmed in 
     the United States. Soybean rust is a fungus that appears on 
     the leaves of the plant and eventually causes premature 
     defoliation which brings about substantial yield loss. The 
     conferees encourage the Department to accelerate research on 
     plant varieties that improve tolerance to soybean rust 
     pathogens.
       The conferees do not include funding for the development of 
     a wine grape foundation block of certified ``clean'' 
     rootstock in ARS. The conference agreement provides funding 
     for this vital research in the Cooperative State Research, 
     Education, and Extension Service account.


                        Buildings and Facilities

       The conference agreement provides $187,838,000 for the 
     Agricultural Research Service, Buildings and Facilities, 
     instead of $202,000,000 as proposed by the House and 
     $172,838,000 as proposed by the Senate.
       The following items reflect the conference agreement: 
     National Center for Animal Health (Ames, Iowa), $122,000,000; 
     Grape Genomics Research Center (Davis, California), 
     $3,000,000; U.S. Agricultural Research Station (Salinas, 
     California), $3,000,000; U.S. Pacific Basin Agricultural 
     Research Center (Hilo, Hawaii), $3,000,000; Aquaculture 
     Facility (Aberdeen/Billingsley Creek, Idaho) $1,000,000; 
     National Center for Agricultural Utilization Research 
     (Peoria, Illinois), $3,000,000; Animal Waste Management 
     Research Laboratory (Bowling Green, Kentucky), $2,300,000; 
     Forage-Animal Research Laboratory (Lexington, Kentucky) 
     $3,000,000; ARS Sugarcane Research Laboratory (Houma, 
     Louisiana), $3,000,000; Northeast Marine Cold Water 
     Aquaculture Research Center (Orono/Franklin, Maine), 
     $3,000,000; Beltsville Agricultural Research Center 
     (Beltsville, Maryland), $3,000,000; Jamie Whitten Delta 
     States Research Center (Stoneville, Mississippi), $3,000,000; 
     Poultry Science Research Facility (Starkville, Mississippi), 
     $3,000,000; National Plant and Genetics Security Center 
     (Columbia, Missouri), $5,000,000; Animal Bioscience Facility 
     (Bozeman, Montana), $2,000,000; Center for Grape Genetics 
     (Geneva, New York), $3,000,000; Center for Crop-based Health 
     Genomics (Ithaca, New York), $3,000,000; University of Toledo 
     (Toledo, Ohio), $2,000,000; Southern Plains Research Station 
     (Woodward, Oklahoma), $3,000,000; U.S. Vegetable Laboratory 
     (Charleston, South Carolina), $3,000,000; ARS Research 
     Laboratory (Pullman, Washington), $3,000,000; Appalachian 
     Fruit Laboratory (Kearneysville, West Virginia),

[[Page H10414]]

     $3,638,000; and, Nutrient Management Laboratory (Marshfield, 
     Wisconsin), $4,900,000.
       The conferees note that there is widespread interest in 
     additional construction and renovation of ARS facilities 
     throughout the country. This is not surprising when 
     considering the fact that many of the existing facilities are 
     decades old. The conferees continue to believe that the ARS 
     needs a master plan for addressing these needs. Until such a 
     master plan can be developed, however, the Committees will 
     not consider funding requests for projects for which a 
     prospectus has not been completed and submitted to the 
     Committees by March 1 of each year. Each prospectus shall, at 
     a minimum, include the following information: the 
     feasibility, requirements, and scope of the proposed project; 
     details on building size, cost, associated facilities, 
     scientific capacity, and other requirements; and details on 
     existing and planned program and resource requirements. 
     Further, the conferees strongly encourage the ARS to 
     determine the merits and priority for these projects.
       The purpose and intent of the ARS Buildings and Facilities 
     account is to provide new, replacement, and modernized 
     Federal laboratories and facilities needed to carry out and 
     strengthen ARS research and to protect the Government's 
     significant investment in these Federal assets. As noted in 
     House Report 108-584 and Senate Report 108-340, there has 
     been widespread interest in additional construction and 
     renovation of the Department's research facilities throughout 
     the country. The conferees encourage ARS to consider the 
     development of a master plan that deals with ARS programs and 
     related buildings priorities. This will be useful to the 
     Committees in assessing and determining ARS in-house 
     laboratory requirements.

      Cooperative State Research, Education, and Extension Service


                   Research and Education Activities

       The conference agreement provides $660,781,000 for research 
     and education activities instead of $628,607,000 as proposed 
     by the House and $628,492,000 as proposed by the Senate.
       The conference agreement includes bill language for the 
     following items: West Virginia State University as proposed 
     by the Senate instead of West Virginia State College as 
     proposed by the House; and, $500,000 for resident instruction 
     grants for insular areas as proposed by the House.
       The following table reflects the conference agreement:


Cooperative State Research, Education, and Extension Service--research 
                        and education activities

                         [Dollars in thousands]

                                                     FY 2005 Conference
Hatch Act......................................................$180,148
McIntire Stennis Cooperative Forestry............................22,384
Evans-Allen Program..............................................37,000
National Research Initiative....................................181,000
Special Research Grants.........................................136,564
Animal Health and Disease (Sec. 1433).............................5,098
1994 Institutions Research Program................................1,087
Joe Skeen Institute for Rangeland Restoration (NM, TX, MT)........1,000
Graduate Fellowship Grants........................................3,000
Institution Challenge Grants......................................5,500
Multicultural Scholars Program......................................998
Hispanic Education Partnership Grants.............................5,645
Secondary/2-year Post-secondary...................................1,000
Capacity Building Grants (1890 Institutions).....................12,411
Payments to the 1994 Institutions.................................2,250
Alaska Native-serving and Native Hawaiian-serving Education Grants3,500
Resident Instruction Grants for Insular Areas.......................500
                                                       ________________
                                                       
    Subtotal....................................................599,085
                                                       ================

Federal Administration:
  Ag-based Industrial Lubricants (IA)...............................527
  Agriculture Development in the American Pacific...................490
  Agriculture Waste Utilization (WV)................................654
  Agriculture Water Policy (GA).....................................898
  Alternative Fuels Characterization Laboratory (ND)................284
  Animal Waste Management (OK)......................................298
  Aquaculture (OH)..................................................853
  Aquaculture (PA)..................................................222
  Biotechnology Research (MS).......................................667
  Botanical Research (UT)...........................................896
  Center for Agricultural and Rural Development (IA)................600
  Center for Food Industry Excellence (TX)..........................874
  Center for Innovative Food Technology (OH)......................1,154
  Center for North American Studies (TX)..........................1,000
  Climate Forecasting (FL)........................................3,631
  Cotton Research (TX)............................................2,500
  Council for Agriculture Science and Technology (Funded thru SRG in FY 
    2004)...........................................................150
  Data Information System (REEIS).................................2,444
  Dietary Intervention (OH) (Funded thru SRG in FY 2004)..........1,148
  Electronic Grants Administration System.........................1,944
  Feed Efficiency (WV)..............................................152
  Global Environmental Management (Funded thru NRCS in 2004)......1,000
  High Value Horticultural Crops (VA)...............................572
  Hispanic Leadership in Agriculture (TX) (Funded thru SRG in House)550
  Greenhouse Nurseries (OH).........................................732
  Income Enhancement Demonstration (OH) (Funded thru Extension in FY 
    2004)...........................................................731
  Information Technology (GA).......................................372
  Livestock Marketing Information Center (CO).......................175
  Mariculture (NC)..................................................320
  Mississippi Valley State University, Curriculum Development.......933
  Monitoring Agricultural Sewage Sludge Application (OH)..........1,287
  Office of Extramural Programs (Grants)............................401
  Pasteurization of Shell Eggs (MI)...............................1,247
  Pay Costs and FERS..............................................2,665
  Peer Panels.......................................................312
  Phytoremediation Plant Research (OH)..............................785
  PM-10 Study (WA) (moved from SRG in FY 2004)......................390
  Precision Agriculture, Tennessee Valley Research Center (AL)......604
  Produce Pricing (AZ)...............................................76
  Rural Systems (MS)................................................311
  Salmon Quality Standards (AK).....................................167
  Shrimp Aquaculture (AZ, HI, MS, MA, SC, LA, TX).................3,973
  Sustainable Agricultural Freshwater Conservation (TX)...........1,820
  Urban Silviculture (NY)...........................................270
  Vitis Gene Discovery (MO).........................................608
  Water Pollutants (WV).............................................569
  Water Quality (ND)................................................443
  Wetland Plants (WV)...............................................190
                                                       ________________
                                                       
    Total, Federal Administration................................42,889
                                                       ================

Other:
  Alternative Crops...............................................1,196
  Aquaculture Centers (Sec. 1475).................................4,000
  Critical Agricultural Materials Act.............................1,111
  Sustainable Agriculture........................................12,500
                                                       ________________
                                                       
    Total, Other.................................................18,807
                                                       ================

    Total, Research and Education Activities...................$660,781


Cooperative State Research, Education, and Extension Service--research 
           and education activities, special research grants

                         [Dollars in thousands]

                                                     FY 2005 Conference
Advanced Genetic Technologies (KY).................................$650
Advanced Spatial Technologies (MS)..................................943
Aegilops Cylindricum (Jointed Goatgrass) (WA).......................358
Agricultural Diversification (HI)...................................113
Agricultural Diversity/Red River Cooridor (MN, ND)..................597
Agriculture Science (OH)............................................547
Agriculture Water Usage (GA)........................................260
Agroecology (MD)....................................................390
Air Quality (TX)..................................................1,074
Alliance for Food Protection (NE, GA)...............................316
Alternative Nutrient Management (VT)................................174
Alternative Salmon Products (AK)..................................1,108
Alternative Uses for Tobacco (MD)...................................335
Animal Disease Research (WY)........................................336
Animal Science Food Safety Consortium (AR, KS, IA)................1,444
Apple Fireblight (MI, NY)...........................................483
Aquaculture (AR)....................................................207
Aquaculture (WA, ID)................................................770
Aquaculture (LA)....................................................332
Aquaculture (MS)....................................................521
Aquaculture (NC)....................................................280
Aquaculture (VA)....................................................190
Aquaculture Product and Marketing Development (WV)..................711
Armilliaria Root Rot (MI)...........................................151

[[Page H10415]]

Asparagus Technology and Production (WA)............................250
Babcock Institute (WI)..............................................569
Beef Technology Transfer (MO).......................................261
Berry Research (AK)...............................................1,790
Biobased Nanocomposite Research (ND)................................178
Biomass-based Energy Research (OK, MS)............................1,023
Biotechnology (NC)..................................................289
Biotechnology Test Production (IA)..................................469
Bovine Tuberculosis (MI)............................................355
Brucellosis Vaccine (MT)............................................444
Center for Public Lands and Rural Economies (UT)....................225
Center for Rural Studies (VT).......................................351
Chesapeake Bay Agroecology (MD).....................................317
Childhood Obesity and Nutrition (VT)................................192
Citrus Canker (FL)..................................................474
Citrus Tristeza (WA)................................................697
Competitiveness of Agricultural Products (WA).......................652
Computational Agriculture (NY)......................................241
Cool Season Legume Research (ID, WA)................................569
Cotton Fiber Quality (GA)...........................................474
Cranberry/Blueberry (MA)............................................153
Cranberry/Blueberry Disease and Breeding (NJ).......................355
Crop Integration and Production (SD)................................297
Crop Diversification Center (MO)....................................378
Crop Pathogens (NC).................................................253
Dairy and Meat Goat Research (TX)...................................100
Dairy Farm Profitability (PA).......................................472
Delta Rural Revitalization (MS).....................................246
Designing Foods for Health (TX)...................................1,624
Diaprepes/Root Weevil (FL)..........................................450
Drought Mitigation (NE).............................................213
Drought Management (UT).............................................786
Efficient Irrigation (NM, TX).....................................1,500
Environmental Biotechnology (RI)....................................617
Environmental Research (NY).........................................376
Environmental Risk Factors/Cancer (NY)..............................219
Environmentally Safe Products (VT)..................................746
Ethnobotany Research (AK)...........................................284
Exotic Pest Diseases (CA).........................................1,945
Expanded Wheat Pasture (OK).........................................275
Farm Injuries and Illnesses (NC)....................................299
Feed Barley for Rangeland Cattle (MT)...............................741
Feed Efficiency in Cattle (FL)......................................297
Feedstock Conversion (SD)...........................................673
Fish and Shellfish Technologies (VA)................................457
Food Chain Economic Analysis (IA)...................................419
Floriculture (HI)...................................................355
Food and Agriculture Policy Research Institute (IA, MO)...........1,549
Food Marketing Policy Center (CT)...................................584
Food Quality (AK)...................................................344
Food Safety (AL)..................................................1,100
Food Safety (OK, ME)................................................556
Food Safety (TX)....................................................189
Food Safety Research Consortium.....................................900
Food Safety Risk Assessment (ND)..................................1,377
Food Security (WA)..................................................401
Food Systems Research Group (WI)....................................521
Forages for Advancing Livestock Production (KY).....................393
Forestry (AR).......................................................465
Fruit/Vegetable Market Analaysis (AZ/MO)............................326
Functional Genomics (UT)..........................................1,484
Future Foods (IL)...................................................549
Generic Commodity Promotions, Research and Evaluation (NY)..........192
Genomics (MS).......................................................890
Geographic Information System.....................................1,716
Global Change.....................................................2,000
Grain Sorghum (KS)..................................................137
Grapefruit Juice/Drug Interaction (FL)..............................347
Grass Seed Cropping for Sustainable Agriculture (WA, OR, ID)........454
Grazing Research (WI)...............................................262
Greenhouse Crop Production (AK).....................................449
Horn Fly Research (AL)..............................................167
Human Nutrition (IA)................................................655
Human Nutrition (LA)................................................712
Human Nutrition (NY)................................................585
Hydroponic Tomato Production (OH)...................................180
Illinois-Missouri Alliance for Biotechnology......................1,179
Improved Dairy Management Practices (PA)............................355
Improved Fruit Practices (MI).......................................212
Increasing Shelf Life of Agricultural Commodities (ID)..............829
Infectious Disease Research (CO)....................................784
Institute for Biobased Products and Food Science (MT)...............567
Institute for Food Science and Engineering (AR)...................1,119
Integrated Production Systems (OK)..................................207
International Arid Lands Consortium (AZ)............................584
Iowa Biotechnology Consortium.....................................1,789
Leopold Center Hypoxia Project (IA).................................224
Livestock and Dairy Policy (NY, TX).................................900
Livestock Genome Sequencing (IL)....................................821
Livestock Waste (IA)................................................268
Lowbush Blueberry Research (ME).....................................236
Maple Research (VT).................................................133
Meadow Foam (OR)....................................................262
Michigan Biotechnology Consortium...................................559
Midwest Advanced Food Manufacturing Alliance (NE)...................528
Midwest Agricultural Products (IA)..................................617
Midwest Poultry Consortium (IA).....................................688
Milk Safety (PA)....................................................709
Minor Use Animal Drugs..............................................588
Molluscan Shellfish (OR)............................................351
Montana Sheep Institute.............................................574
Multi-commodity Research (OR).......................................356
Multi-cropping Strategies for Aquaculture (HI)......................110
National Beef Cattle Genetic Evaluation Consortium (NY).............786
National Biological Impact Assessment Program (VA)..................253
National Center for Soybean Technology (MO).........................948
Nematode Resistance Genetic Engineering (NM)........................140
Nevada Arid Rangelands Initiative (NV)..............................484
New Crop Opportunities (AK).........................................447
New Crop Opportunities (KY).........................................730
Nursery, Greenhouse, Turf Specialities (AL).........................275
Oil Resources from Desert Plants (NM)...............................213
Organic Cropping (WA)...............................................362
Organic Waste Utilization (NM).......................................94
Oyster Post Harvest Treatment (FL)..................................450
Ozone Air Quality (CA)..............................................404
Pasture and Forage Research (UT)....................................225
Peach Tree Short Life (SC)..........................................267
Perrenial Wheat (WA)................................................142
Pest Control Alternatives (SC)......................................271
Phytophthora Root Rot (NM)..........................................183
Pierce's Disease (CA).............................................2,088
Plant, Drought, and Disease Resistance Gene Cataloging (NM).........235
Potato Research...................................................1,509
Precision Agriculture (KY)..........................................680
Preharvest Food Safety (KS).........................................193
Preservation and Processing Research (OK)...........................200
Protein Utilitzation (IA)...........................................811
Rangeland Ecosystem (NM)............................................284
Regional Barley Gene Mapping Project (OR)...........................688
Regionalized Implications of Farm Programs (MO, TX).................766
Rice Agronomy (MO)..................................................214
Ruminant Nutrition (MT, ND, SD, WY).................................474
Rural Development Centers (LA, ND)..................................232
Rural Obesity (NY)..................................................189
Rural Policies Institute (NE, IA, MO).............................1,215
Russian Wheat Aphid (CO)............................................292
Seafood Harvesting, Processing and Marketing (AK).................1,067
Seafood and Aquaculture Harvesting, Prcessing and Marketing (MS)....269
Seafood Safety (MA).................................................439
Seed Research (AK)..................................................358
Seed Technology (SD)................................................357
Small Fruit Research (OR, WA, ID)...................................425
Soil and Environmental Quality (DE).................................283
Southwest Consortium for Plant Genetics and Water Resources (NM)....376
Soybean Cyst Nematode (MO)..........................................708
Soybean Research (IL)...............................................963
STEEP III--Water Quality in Northwest...............................645
Sudden Oak Death (CA)................................................94
Sustainable Agriculture (CA)........................................519
Sustainable Agriculture (MI)........................................387

[[Page H10416]]

Sustainable Agriculture and Natural Resources (PA)..................192
Sustainable Beef Supply (MT)........................................945
Sustainable Engineered Materials from Renewable Sources (VA)........608
Swine and Other Animal Waste Management (NC)........................470
Tick Borne Disease Prevention (RI)..................................144
Tillage, Silviculture, Waste Management (LA)........................428
Tri-state Joint Peanut Research (AL)................................567
Tropical Aquaculture (FL)...........................................213
Tropical and Subtropical Research/T-Star..........................9,474
Uniform Farm Management Program (MN)................................283
Value-added Product Development from Agriculture Resources (MT).....408
Virtual Plant Database Enhancement Project (MO).....................711
Viticulture Consortium (NY, CA, PA)...............................1,850
Water Conservation, (KS).............................................75
Water Use Efficiency and Water Quality Enhancements (GA)............474
Weed Control (ND)...................................................387
West Nile Virus (IL)................................................500
Wetland Plants (LA).................................................567
Wheat Genetic Research (KS).........................................246
Wheat Sawfly Research (MT)..........................................525
Wine Grape Foundation Block (WA)....................................325
Wood Utilization (OR, MS, NC, MN, ME, MI, ID, TN, AK, WV).........6,285
Wool Research (TX, MT, WY)..........................................300
                                                       ________________
                                                       
    Subtotal, Special Research Grants...........................121,284
                                                       ================

Improved Pest Control:
  Expert IPM Decision Support Systsem...............................158
  Integrated Pest Management......................................2,439
  Minor Crop Pest Management (IR-4)..............................11,235
  Pest Management Alternatives....................................1,448
                                                       ________________
                                                       
    Total, Improved Pest Control.................................15,280
                                                       ================

    Total, Special Research Grants.............................$136,564

       The conference agreement provides $3,000,000 for Graduate 
     Fellowship Grants instead of $4,500,000 as proposed by the 
     House, and $2,883,000 as proposed by the Senate.
       The conference agreement provides $5,645,000 for Hispanic 
     Education Partnership Grants as proposed by the House instead 
     of $4,645,000 as proposed by the Senate.
       The conference agreement provides $1,148,000 for Dietary 
     Intervention in Ohio. Of this amount, $735,000 is provided 
     for Ohio State University and $413,000 is for the University 
     of Toledo.
       The conference agreement provides $316,000 for the Alliance 
     for Food Protection. Of this amount, $158,000 shall be used 
     to continue integrated fruit and vegetable research at the 
     University of Georgia.
       The conference agreement provides $1,108,000 for 
     alternative salmon products research. Of this amount, 
     $443,000 shall be used to continue research into and 
     development of baby food containing salmon.
       The conference agreement provides $1,549,000 for the Food 
     and Agriculture Policy Research Institute. Of that amount, 
     $79,000 shall be used to fund the Center for Agricultural and 
     Trade Policies for the Northern Plains Region at North Dakota 
     State University.
       The conference agreement provides $1,790,000 for berry 
     research. Of this amount, $1,400,000 shall be used for 
     nutraceutical research at the University of Alaska-Fairbanks.
       The conference agreement provides $528,000 for the Midwest 
     Advanced Food Marketing Alliance in Nebraska. Of this amount, 
     $98,000 shall be used for food allergens research to be 
     conducted at the University of Nebraska-Lincoln Food Allergy 
     Research & Resource Program.


              NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

       The conference agreement provides $12,000,000 for the 
     Native American Institutions Endowment Fund as proposed by 
     both the House and Senate.


                          EXTENSION ACTIVITIES

       The conference agreement provides $449,225,000 for 
     extension activities instead of $440,349,000 as proposed by 
     the House and $443,061,000 as proposed by the Senate.
       The conference agreement includes bill language for the 
     following: West Virginia State University as proposed by the 
     Senate instead of West Virginia State College as proposed by 
     the House; $1,981,000 for payments for rural health and 
     safety education as proposed by the Senate; and, $2,667,000 
     for grants to youth organizations as proposed by the Senate.
       The following table reflects the conference agreement:


Cooperative State Research, Education, and Extension Service--extension 
                               activities

                         [Dollars in thousands]

                                                     FY 2005 Conference
Smith-Lever Sections 3(b) and 3(c).............................$277,742
  Smith-Lever Section 3(d) Farm Safety............................4,600
  Food and Nutrition Education (EFNEP)...........................58,909
  Indian Reservation Agents.......................................1,774
  Pest Management................................................10,000
  Sustainable Agriculture.........................................4,100
  Youth at Risk...................................................7,538
  Youth Farm Safety Education and Certification.....................444
                                                       ________________
                                                       
    Total Section 3(d) Programs..................................87,365
                                                       ================

1890 Colleges and Tuskegee.......................................33,133
1890 Facilities Grants (Sec. 1447)...............................16,912
Renewable Resources Extension Act (RREA)..........................4,093
Rural Health and Safety Education.................................1,981
Extension Services at the 1994 Institutions.......................3,273
Grants to Youth Organizations.....................................2,667
                                                       ________________
                                                       
    Subtotal....................................................427,166
                                                       ================

Federal Administration and Special Grants:
  Ag in the Classroom...............................................736
  Agricultural and Entrepreneurship Education (WI)..................241
  Alabama Beef Connection...........................................393
  Beef Producers Improvement (AR)...................................182
  Conservation Technology Transfer (WI).............................467
  Dairy Education (IA)..............................................231
  Dairy Industry Revitalization (WI)................................300
  Diabetes Detection, Prevention (WA).............................1,093
  E-commerce (MS)...................................................334
  Efficient Irrigation (NM, TX)...................................2,179
  Enterpreneurial Alternatives (PA).................................336
  Extension Specialist (MS).........................................133
  Food Animal Residue Avoidance Database (FARAD)....................812
  Food Preparation and Marketing (AK)...............................334
  Food Product Development (AK).....................................476
  General Administration..........................................5,842
  Health Education Leadership (KY)..................................850
  Iowa Vitality Center..............................................250
  National Center for Agriculture Safety (IA).......................243
  National Wild Turkey Federation...................................225
  Nursery Production (RI)...........................................297
  Nutrition Enhancement (WI)........................................973
  Ohio-Israel Agriculture Initiative................................569
  Oquirrh Institute.................................................284
  Pilot Technology Transfer (OK, MS)................................300
  Pilot Technology Transfer (WI)....................................233
  Potato Pest Management (WI).......................................379
  Range Improvement (NM)............................................234
  Resilient Communities (NY)........................................131
  Rural Business Enhancement (WI)...................................190
  Rural Development (AK)............................................688
  Rural Development (NM)............................................351
  Rural Technologies (HI, WI).......................................312
  Urban Horticulture (WI)...........................................817
  Urban Market Development (NY).....................................275
  Web-based Agriculture Classes (MO)................................179
  Wood Biomass as an Alternative Farm Product (NY)..................190
                                                       ________________
                                                       
    Total, Federal Administration................................22,059
                                                       ================

    Total, Extension Activities.................................449,225

       Within funds provided for the farm safety program, the 
     conference agreement includes $4,600,000 for the AgrAbility 
     project as proposed by the House instead of $3,312,000 as 
     proposed by the Senate.
       The conference agreement provides $736,000 for Ag in the 
     Classroom. Of that amount, no less than $125,000 shall be 
     used to expand efforts in Illinois to promote consumption of 
     healthy foods and proper school nutrition.
       The conference agreement provides $973,000 for nutrition 
     enhancement. Of this amount, $25,000 shall be used for a 
     cooperative agreement with the Research Institute of Family 
     Health and Wellness at Marywood University in Scranton, 
     Pennsylvania.


                         INTEGRATED ACTIVITIES

       The conference agreement provides $55,153,000 for 
     integrated activities instead of

[[Page H10417]]

     $66,255,000 as proposed by the House and $57,242,000 as 
     proposed by the Senate.
       The following table reflects the conference agreement:


     Cooperative State Research, Education, and Extension Service--
                         integrated activities

                         [Dollars in thousands]

                                                     FY 2005 conference
Water Quality...................................................$12,971
Food Safety......................................................14,967
Regional Pest Management Centers..................................4,200
Crops at Risk from FQPA Implementation............................1,400
FQPA Risk Mitigation Program for Major Food Crop Systems..........4,500
Methyl Bromide Transition Program.................................3,131
Organic Transition Program........................................1,889
International Science and Education Grants Program................1,000
Critical Issues Program.............................................750
Regional Rural Development Centers Program........................1,345
Homeland Security, Food and Agriculture Defense Initiative........9,000
                                                       ________________
                                                       
    Total, Integrated Activities.................................55,153


              OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

       The conference agreement provides $5,935,000 for Outreach 
     for Socially Disadvantaged Farmers as proposed by both the 
     House and Senate.

  Office of the Under Secretary for Marketing and Regulatory Programs

       The conference agreement provides $721,000 for the Office 
     of the Under Secretary for Marketing and Regulatory Programs 
     as proposed by the House instead of $733,000 as proposed by 
     the Senate.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

       The conference agreement provides $814,623,000 for the 
     Animal and Plant Health Inspection Service (APHIS) instead of 
     $831,823,000 as proposed by the House and $786,866,000 as 
     proposed by the Senate.
       The conferees direct that projects identified in House 
     Report 108-193, Senate Report 108-107, and House Report 108-
     401 that were directed to be funded in fiscal year 2004 are 
     not funded for fiscal year 2005 unless specifically mentioned 
     in this conference report and the reports of the House and 
     Senate that accompany this Act. Further, the conferees direct 
     APHIS not to redirect funding for programs and activities 
     without prior notification to and approval by the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures specified in this Act.
       The following table reflects the conference agreement:


               Animal and Plant Health Inspection Service

                       [In thousands of dollars]

        Program                               Conference recommendation
Pest and Disease Exclusion:
  Agricultural quarantine inspection............................$25,292
  Cattle ticks....................................................6,720
  Foreign animal diseases/FMD.....................................8,740
  Fruit fly exclusion and detection..............................58,343
  Import-export inspection.......................................12,874
  Screwworm......................................................27,374
  Trade issues resolution management.............................12,578
  Tropical bont tick................................................425
                                                       ________________
                                                       
    Total, Pest and Disease Exclusion...........................152,346
                                                       ================

Plant and Animal Health Monitoring:
  Animal health monitoring & surveillance.......................145,082
  Animal and plant health regulatory enforcement..................9,382
  Bio Surveillance................................................2,000
  Emergency management systems...................................12,968
  Pest detection.................................................27,132
                                                       ________________
                                                       
    Total, Plant & Animal Health Monitoring.....................196,564
                                                       ================

Pest and Disease Management:
  Aquaculture.....................................................1,255
  Biological control..............................................9,429
  Boll weevil....................................................47,500
  Brucellosis....................................................10,356
  Chronic wasting disease........................................18,839
  Emerging plant pests..........................................101,567
  Golden nematode...................................................801
  Grasshopper and Mormon cricket..................................5,528
  Gypsy moth......................................................4,768
  Imported fire ant...............................................2,148
  Johnes disease.................................................18,740
  Low pathogen avian influenza...................................23,000
  Noxious weeds...................................................1,991
  Pink bollworm...................................................2,150
  Plum pox........................................................3,471
  Pseudorabies....................................................4,350
  Scrapie........................................................17,768
  Tuberculosis...................................................14,937
  Wildlife services operations...................................73,756
  Witchweed.......................................................1,523
                                                       ________________
                                                       
    Total, Pest and Disease Management..........................363,877
                                                       ================

Animal Care:
  Anilam welfare.................................................16,618
  Horse protection..................................................497
                                                       ________________
                                                       
    Total, Animal Care...........................................17,115
                                                       ================

Scientific and Technical Services:
  Biosecurity.....................................................1,988
  Information technology infrastructure...........................4,589
  Biotechnology regulatory services...............................9,504
  Environmental Compliance........................................2,624
  Plant methods development labs..................................8,381
  Veterianary biologics..........................................15,513
  Veterinary diagnostics.........................................20,575
  Wilflife services methods development..........................17,428
                                                       ________________
                                                       
    Total, Scientific and Technical Services.....................80,602
                                                       ================

Contingency fund..................................................4,119
                                                       ================

Physical security.....................................................0
                                                       ________________
                                                       
    Total, Salaries and Expenses................................814,623

       The conferees provide the following increases in the APHIS 
     salaries and expenses account for new and enhanced activities 
     related to the Food and Agriculture Defense Initiative: 
     $33,197,000 for a national animal identification program, 
     $3,600,000 for state cooperative agreements, $2,000,000 for 
     biosurveillance, $2,500,000 for the control of select agents, 
     $2,303,000 for the National Veterinary Vaccine Bank, 
     $8,641,000 for BSE testing, and $2,900,000 for the national 
     animal laboratory network.
       Animal Health Monitoring and Surveillance.--The conference 
     agreement includes $145,082,000 for Animal Health Monitoring 
     and Surveillance. Within that amount, the conference 
     agreement provides an increase of $33,197,000 for the 
     National Animal Identification System (NAIS) and includes 
     bill language naming the amount and requiring a report on the 
     system components. The conferees note that, in addition, the 
     Secretary transferred $18,792,997 from the Commodity Credit 
     Corporation for animal identification in April 2004.
       The conference agreement includes not less than $2,000,000 
     for a cooperative agreement with the Wisconsin Department of 
     Agriculture, Trade and Consumer Protection to continue work 
     carried out by the Wisconsin Livestock Identification 
     Consortium.
       The conferees provide $600,000 for the Farm Animal 
     Identification and Records (FAIR) program. Both the Wisconsin 
     consortium and the FAIR project should also be eligible to 
     apply for additional cooperative agreement funding for animal 
     identification, which is funded within the NAIS total.
       The conference agreement provides the full increase 
     requested, $8,641,000 over the fiscal year 2004 level, for 
     activities related to Bovine Spongiform Encephalopathy (BSE). 
     In addition, the conferees note that the Department has 
     available $69,900,000, which the Secretary transferred in 
     March 2004 from the Commodity Credit Corporation (CCC) to 
     fund an intensive BSE surveillance and testing program. That 
     funding will allow APHIS to conduct testing for approximately 
     268,000 animals within a 12 to 18 month period starting June 
     1, 2004; as of November 9, 2004, APHIS has tested 106,484 
     cattle. The conferees note that the CCC-transferred amount 
     will cover all BSE testing during that timeframe.
       The conference agreement includes: $300,000 to assist in 
     creating a database of North Carolina's agriculture industry 
     for rapid response capabilities; funding of the New Mexico 
     Rapid Syndrome Validation Program at $450,000 to support 
     early detection of pathogens in animals and prevent their 
     spread; $300,000 for Iowa State's work regarding risk 
     assessments of genetically modified agricultural products; 
     $746,000 for an alkaline digester for the Ohio Agriculture 
     Research and Development Center in Wooster, Ohio; and 
     $298,000 to address bio-safety issues relating to antibiotic-
     resistant strains of bacteria in Vermont.
       The conference agreement includes increases of $3,600,000 
     for cooperative agreements with states and $1,900,000 for 
     cooperative agreements as part of the National Animal Health 
     Laboratory Network.
       Import-Export Inspection.--The conferees provide 
     $12,874,000 for import-export inspection, including an 
     increase of $1,000,000 for select agents, and an increase of 
     $500,000 for a cooperative agreement with the California 
     County Pest Detection Augmentation Program.
       Emerging Plant Pests.--The conference agreement includes an 
     increase of $8,469,000 above the amount available in fiscal 
     year 2004. The conferees provide $36,578,000 for citrus 
     canker eradication; $23,190,000 for Pierce's Disease/Glassy-
     winged sharpshooter; $5,000,000 for Emerald Ash borer; 
     $3,000,000 for Sudden Oak Death; and $29,168,000 for the

[[Page H10418]]

     Asian long-horned beetle. The conferees provide $100,000 of 
     funding for hydrilla eradication around Smith Mountain Lake 
     in Virginia, and Lake Gaston in Virginia and North Carolina. 
     Funding for Karnal bunt, olive fruit fly, and miscellaneous 
     pests continue at the fiscal year 2004 level.
       The conferees expect the Secretary to utilize authorities 
     and resources of the Commodity Credit Corporation (CCC) to 
     provide assistance in response to animal and plant health 
     threats.
       Johne's Disease.--The conference agreement provides 
     $18,740,000 for Johne's Disease. From within that amount, the 
     conference agreement provides the fiscal year 2004 funding 
     level to continue cooperative agreements with the Wisconsin 
     Department of Agriculture, Trade and Consumer Protection.
       Low Pathogenic Avian Influenza.--The conferees provide 
     $23,000,000 for activities relating to the prevention, 
     control, and eradication of Low Pathogenic Avian Influenza 
     (LPAI) to remain available until expended. Within the total 
     amount, $12,000,000 is for indemnities, $3,000,000 is for 
     surveillance activities, up to $2,000,000 is for reagents and 
     costs of administering tests, and up to $2,000,000 is for 
     live bird market closure for disinfection, as needed. Full 
     funding for other LPAI activities that were included in the 
     budget request is included in the total. The conferees are 
     concerned that LPAI, which appears to be endemic in certain 
     live bird markets in urban areas, could mutate into highly 
     pathogenic forms. To prevent this from happening, a robust 
     surveillance and control system in both commercial poultry 
     industries and live bird markets is important. The conferees 
     believe that industry cooperation and program fairness will 
     be maximized through the indemnification of losses.
       Wildlife Services Operations.--The conferees direct that, 
     other than funding for the specific items noted in this 
     statement, the funds provided in the Wildlife Services 
     Operations line item are available for general operations 
     needs.
       The conferees do not concur with the President's request to 
     reduce funding in the Wildlife Services account to allow 
     cooperators to assume a larger share of the costs associated 
     with these activities.
       The conferees provide $1,215,000 for wolf predation 
     management, of which $1,065,000 is for Wisconsin, Minnesota, 
     and Michigan, and $150,000 is for New Mexico and Arizona. The 
     conference agreement does not include separate funding for 
     Minnesota, as proposed by the House.
       The conference agreement continues funding for the 
     following projects: $300,000 for beaver management in North 
     Carolina; $250,000 for crop and aquaculture losses in 
     southwest Missouri; $625,000 for game bird predation work 
     with the University of Georgia; $100,000 for predation 
     wildlife services in western Virginia; $120,000 for blackbird 
     control in Louisiana; $1,300,000 for predator control 
     programs in Montana, Idaho, and Wyoming; $1,000,000 for 
     wildlife services in Texas; $150,000 for beaver management 
     and damage in Wisconsin; $515,000 for brown tree snake 
     management in Guam; $310,000 for Hawaii and Guam operations; 
     $300,000 for sandhill cranes in Idaho; $50,000 for control of 
     feral hogs in Missouri; $1,000,000 for cormorant control in 
     New York; $150,000 for cormorant control in Michigan; 
     $100,000 for cormorant control in the Lake Champlain basin; 
     $750,000 for wildlife service operations with the South 
     Dakota Department of Game, Fish, and Parks to meet the 
     growing demands of controlling predatory, nuisance, and 
     diseased animals; $550,000 for the management of beavers in 
     Mississippi; $335,000 to continue control measures for 
     minimizing blackbird damage to sunflowers in North Dakota and 
     $33,000 for those purposes in South Dakota; $120,000 for 
     blackbird management efforts in Louisiana; $174,000 for 
     Kansas blackbird control; $247,000 for the Jack Berryman 
     Institute, Utah; $199,000 for beaver control in Kentucky; 
     $325,000 for Delta states operations; $199,000 for geese 
     control in New York; $249,000 for the New Hampshire State 
     operations; and $474,000 for the Nevada Division of Wildlife. 
     The conferees do not provide $50,000 for the Cooperative 
     Livestock Protection Program in Pennsylvania as proposed by 
     the Senate.
       The conference agreement includes $21,850,000 for a 
     cooperative oral rabies vaccination program. This amount 
     includes an increase of $1,000,000, of which not less than 
     $420,000 is directed to go to the state of Florida for bait 
     and related costs.
       Emergency management systems.--The conference agreement 
     includes $12,968,000 for emergency management systems, which 
     includes a total of $4,000,000 for emergency coordinators and 
     a total of $3,000,000 to establish a vaccine bank.
       Pest Detection.--The conference agreement includes 
     $1,500,000 for select agents, $200,000 for a remote sensing, 
     hyperspectral imaging and light detection and ranging 
     project; and an increase of $1,000,000 for surveys through 
     the Cooperative Agricultural Pest Surveys system.
       Chronic wasting disease.--For chronic wasting disease, the 
     conferees provide $18,839,000. The conferees direct that of 
     this amount $1,750,000 is for Wisconsin and $250,000 is for 
     Alaska. Funding for Utah and the Conservation Medicine Center 
     of Chicago remains at fiscal year 2004 levels.
       Veterinary Diagnostics.--The conferees provide an increase 
     of $1,000,000 for the National Animal Health Laboratory 
     Network, as requested. The conferees do not continue the 
     funding for equipment needs recommended in the Senate report.
       Wildlife Services Methods Development.--The conference 
     agreement includes $17,428,000 for wildlife services methods 
     development. Within that amount, the conferees provide 
     $400,000 in funding for the National Wildlife Research 
     Station in Kingsville, Texas, to address emerging infectious 
     disease issues associated with wildlife populations; $498,000 
     for the Jack Berryman Institute, Utah, for addressing 
     wildlife damage management issues; and $352,000 to continue 
     research efforts at the National Wildlife Research Center 
     field station in Starkville, MS, for resolving problems 
     regarding bird damage to aquaculture farms in the Southeast.
       Agricultural Quarantine Inspection.--For fiscal year 2005, 
     the conferees provide $25,292,000 for the AQI appropriated 
     account to conduct preclearance quarantine inspections. The 
     conferees have included the fiscal year 2004 funding level 
     for interline activities in Hawaii as proposed by the Senate, 
     assume the reduction of $1,246,000 due to one-time equipment 
     purchases, and provide an increase of $490,000 for the 
     National Germplasm Laboratory.
       Boll Weevil Eradication.--The conferees provide $47,500,000 
     for fiscal year 2005 to continue the Boll Weevil Eradication 
     Program, as proposed by the Senate instead of $47,000,000 as 
     proposed by the House.
       Brucellosis.--The conferees provide an increase of $114,000 
     above the fiscal year 2004 level for the brucellosis program. 
     This amount continues funding at the fiscal year 2004 level 
     for Montana to protect the State's brucellosis-free status 
     and for the operation of the bison quarantine facility and 
     the testing of bison that surround Yellowstone National Park.
       Noxious Weeds.--The conferees provide $1,991,000 for the 
     noxious weeds account. This amount includes $199,000 for the 
     Nez Perce Bio-control Center to increase the availability and 
     distribution of biological control organisms used in an 
     integrated weed management system, and $298,000 for the Kiski 
     Basin Initiative.
       The conference agreement provides continued funding at the 
     fiscal year 2004 level for an invasive species program to 
     prevent the spread of cogongrass in Mississippi, and requests 
     that the agency take necessary steps to address this invasive 
     weed as a regional infestation problem.
       Fruit fly exclusion and detection.--The conferees include 
     $58,343,000 for fruit fly exclusion and detection, a 
     $1,000,000 increase over the fiscal year 2004 level. Of the 
     increase, $100,000 is for Texas.
       Grasshopper and mormon cricket.--The conference agreement 
     includes $5,528,000 for grasshopper and mormon cricket 
     control. Of this amount, no less than $1,000,000 is for 
     activities in Utah and funding for Nevada is at no less than 
     the fiscal year 2004 level for survey, control and 
     eradication activities.
       Pierce's Disease/Glassy-winged Sharpshooter.--The conferees 
     strongly object to the recent decision of the Office of 
     Management and Budget (OMB) to deny funding that the 
     Secretary identified as necessary to combat the glassy-winged 
     sharpshooter and to contain Pierce's Disease. The conferees 
     note that OMB's decision to deny this funding has needlessly 
     increased the serious threat posed by Pierce's Disease to 
     California's multi-billion dollar wine and grape industries, 
     constituted an unwelcome intrusion upon the Secretary's 
     exercise of discretion, and was in total disregard of the 
     fact that 33 Members of Congress supported the Secretary's 
     request for these funds. The conferees further note that 
     OMB's decision in this matter contradicted the direction 
     provided to OMB by Congress in fiscal year 2004 to 
     ``disregard any arbitrarily imposed cost-share 
     requirements.'' Accordingly, the conferees strongly encourage 
     OMB to approve the $5.2 million USDA requested for efforts to 
     combat Pierce's Disease.
       The conferees recognize the work conducted in Texas related 
     to the glassy-winged sharpshooter, and direct the Department 
     to continue this work.
       Vine Mealy Bug.--The conferees are concerned about the 
     effect of the vine mealy bug (Planoccocus ficus) on grapes. 
     Over 900,000 acres of grapes are threatened by this pest. The 
     conferees encourage APHIS to appropriately address this 
     emerging threat through the funds available to the agency.
       The conferees direct the agency to initiate a cooperative 
     agreement with the Louisiana Department of Wildlife and 
     Fisheries for development of diagnostics related to disease 
     affecting the domestic alligator industry.
       The conferees have included language under the Office of 
     the Secretary to address concerns that the veterinary 
     diagnostic work conducted at Plum Island, New York, remains 
     focused on agriculture.


                        BUILDINGS AND FACILITIES

       The conference agreement provides $4,967,000 for Animal and 
     Plant Health Inspection Service Buildings and Facilities as 
     proposed by the Senate instead of $4,996,000 as proposed by 
     the House.

                     Agricultural Marketing Service


                           MARKETING SERVICES

       The conference agreement provides $75,698,000 for the 
     Agricultural Marketing Service instead of $75,892,000 as 
     proposed by the House and $78,198,000 as proposed by the 
     Senate.
       The conferees do not include Senate bill language or 
     funding under this section for a web-based supply chain 
     management system,

[[Page H10419]]

     but the conference agreement does provide funding for this 
     system under the section 32 account.
       The conferees provide $2,000,000 for activities relating to 
     organic standards. The conferees continue to encourage AMS to 
     use this funding to finalize the hiring of an executive 
     director for the National Organic Standards Board (NOSB), to 
     create a Peer Review Panel to oversee the USDA accreditation 
     process for organic certifiers, and to improve scientific 
     technical support for the NOSB. The conferees also encourage 
     AMS to regularly collect and report agricultural price trends 
     in the organic industry.


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The conference agreement provides $64,459,000 as proposed 
     by both the House and Senate.


    FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)

       The conference agreement provides $15,800,000 for Funds for 
     Strengthening Markets, Income, and Supply as proposed by the 
     House and Senate.
       The conferees are aware that farmed salmon imports have 
     undercut the market for Alaska wild salmon creating a 
     domestic surplus of wild pink salmon. The conferees encourage 
     the Department to use all existing authorities under the 
     section 32 program to purchase surplus domestic salmon and 
     stabilize the domestic salmon industry. The conferees are 
     aware that section 32 funds have been used to assist food 
     producers affected by adverse market conditions caused by an 
     imbalance of supply and demand.
       The conferees strongly encourage the Department to begin 
     development of the Web-based Supply Chain Management System, 
     which will benefit the programs of the Agricultural Marketing 
     Service, the Farm Service Agency, and the Food and Nutrition 
     Service, as well as enhancing food distribution to schools 
     and other feeding outlets. Administrative expenses to support 
     section 32 purposes are expressly allowed, and section 32 
     funds, accordingly, should be used to fund support computer 
     systems. The conferees believe that all of the cost of the 
     Web-based Supply Chain Management System should be financed 
     from section 32. The first phase of the system should be 
     funded at no less than $10,000,000, as included in the 
     Commodity Purchase Support line in the following table.


                               Section 32


                                                     FY 2005 conference
Appropriation (30% of Customs Receipts)..................$6,030,964,691
Less Transfers:
  Food and Nutrition Service.............................-5,152,962,000
  Commerce Department.......................................-77,538,934
                                                       ________________
                                                       
    Total, Transfers.....................................-5,230,500,934
                                                       ================

Budget Authority............................................800,463,757
Unobligated Balance Year Available, Start of Year...........408,050,634
Recoveries of Prior Year Obligations..................................0
Rescission.................................................-163,000,000
                                                       ________________
                                                       
Available for Obligation..................................1,045,514,391
                                                       ================

Less Obligations:
Commodity Procurement:
  Child Nutrition Programs (Entitlement Commodities)........400,000,000
  State Option Contract.......................................5,000,000
  Removal of Defective Commodities............................1,000,000
  Emergency Surplus Removal..................................73,865,287
  Disaster Relief...........................................332,202,000
  Estimated Future Needs....................................196,415,104
                                                       ________________
                                                       
    Total, Commodity Procurement..........................1,008,482,391
                                                       ================

Administrative Funds:
  Commodity Purchase Support.................................21,232,000
  Marketing Agreements and Orders............................15,800,000
                                                       ________________
                                                       
    Total, Administrative Funds..............................37,032,000
                                                       ================

    Total Obligations.....................................1,045,514,391
Unobligated Balance Available, End of Year............................0

                   Payments to States and Possessions

       The conference agreement provides $3,847,000 for Payments 
     to States and Possessions as proposed by the Senate instead 
     of $1,347,000 as proposed by the House.
       The conference agreement includes bill language and funding 
     for a specialty markets grant as proposed by the Senate.

        Grain Inspection, Packers and Stockyards Administration


                         SALARIES AND EXPENSES

       The conference agreement provides $37,299,000 for the Grain 
     Inspection, Packers and Stockyards Administration as proposed 
     by the Senate instead of $37,540,000 as proposed by the 
     House.
       The conference agreement provides an increase of $1,000,000 
     for budgeted increases including IT security and BSE-related 
     activities.
       The conference agreement includes $500,000 to continue the 
     product verification protocols pilot program, in conjunction 
     with the Missouri, Illinois, and Iowa Corn Growers 
     Associations. The pilot program is to establish controls for 
     regulated seed varieties and augment grain marketing.


        LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

       The conference agreement provides $42,463,000 as proposed 
     by the House and Senate.

             Office of the Under Secretary for Food Safety

       The conference agreement provides $595,000 for the Office 
     of the Under Secretary for Food Safety as proposed by the 
     House instead of $608,000 as proposed by the Senate.

                   Food Safety and Inspection Service

       The conference agreement provides $823,760,000 for the Food 
     Safety and Inspection Service, instead of $824,746,000 as 
     proposed by the House and $823,757,000 as proposed by the 
     Senate.
       The conferees include bill language, as proposed by the 
     Senate, regarding full-time equivalent positions for 
     inspections and enforcement of laws and regulations related 
     to the Humane Methods of Slaughter Act.
       The conference agreement includes bill language to provide 
     $3,000,000 for the Humane Animal Tracking System, a component 
     of the Field Automation and Information Management System 
     (FAIM). These funds will remain available until September 30, 
     2006. The conferees direct FSIS to provide notice to the 
     Committees on Appropriations prior to obligating funds for 
     this purpose, with details on specific costs associated with 
     this action, a schedule for incorporation, and how this 
     action will benefit enforcement of the Humane Methods of 
     Slaughter Act regulations.
       The conference agreement includes $20,653,000 for 
     regulatory and scientific training.
       The conferees provide the following increases: $17,267,000 
     for frontline inspectors and humane slaughter enforcement; 
     $3,000,000 for surveillance related to Bovine Spongiform 
     Encephalopathy; $7,153,000 for entry-level training for field 
     employees, food safety regulatory essentials training, and 
     biosecurity training; $2,100,000 for biosurveillance; 
     $2,000,000 for the Food Emergency Response Network (FERN); 
     $1,500,000 for FERN data systems; and $350,000 for 
     microbiological baseline studies, bringing total funding for 
     this activity to $2,000,000.
       The conferees commend FSIS for beginning to include 
     photographs of recalled products and website addresses of 
     manufacturers in recall press release notices. The conferees 
     urge FSIS to continue to do this to the greatest extent 
     possible and also to ask manufacturers if they will 
     voluntarily provide information on retail outlets of recalled 
     products for inclusion on the FSIS press release, so that 
     consumers may readily locate them.


        Food Safety and Inspection Service, funding by activity

                       [In thousands of dollars]

Food Safety & Inspection:
  Federal......................................................$742,305
  State..........................................................52,175
  International..................................................19,335
Codex.............................................................2,726
FAIM Project......................................................7,219
                                                       ________________
                                                       
    Total.......................................................823,760

    Office of the Under Secretary For Farm and Foreign Agricultural 
                                Services

       The conference agreement provides $631,000 for the Office 
     of the Under Secretary for Farm and Foreign Agricultural 
     Services as proposed by the House instead of $648,000 as 
     proposed by the Senate.

                          Farm Service Agency


                         salaries and expenses

       The conference agreement provides $1,007,597,000 for the 
     Farm Service Agency instead of $1,060,471,000 as proposed by 
     the House and $1,004,032,000 as proposed by the Senate. The 
     conferees direct that of this amount $854,000 shall be for 
     additional salaries and expenses to carry out disaster 
     assistance related activities.


                         state mediation grants

       The conference agreement provides $4,000,000 for State 
     Mediation Grants, as proposed by the House and Senate.


                        dairy indemnity program

       The conference agreement provides $100,000 for the Dairy 
     Indemnity Program, as proposed by the House and Senate.


           agricultural credit insurance fund program account

       The following table reflects the conference agreement:

Farm Ownership Loans:
  Direct.................................................($210,000,000)
  Subsidy....................................................11,235,000
  Guaranteed............................................(1,400,000,000)
  Subsidy.....................................................7,420,000
Farm Operating Loans:
  Direct..................................................(650,000,000)
  Subsidy....................................................65,585,000
  Unsubsidized Guaranteed...............................(1,100,000,000)
  Subsidy....................................................35,530,000
  Subsidized guaranteed...................................(285,000,000)
  Subsidy....................................................37,934,000
  Indian tribe land acquisition.............................(2,000,000)
  Subsidy......................................................$105,000
  Boll weevil eradication.................................(100,000,000)
  Subsidy.............................................................0
ACIF expenses:
  Salaries and expenses (transfer to FSA)...................293,764,000
  Administrative expenses.....................................8,000,000

[[Page H10420]]

                         Risk Management Agency

       The conference agreement provides $72,044,000 for the Risk 
     Management Agency as proposed by the House and the Senate.

                Federal Crop Insurance Corporation Fund

       The conference agreement provides an appropriation of such 
     sums as may be necessary for the Federal Crop Insurance 
     Corporation Fund (estimated to be $4,095,128,000 in the 
     President's fiscal year 2005 Budget Request), as proposed by 
     the House and Senate.

                   Commodity Credit Corporation Fund


                 reimbursement for net realized losses

       The conference agreement provides an appropriation of such 
     sums as may be necessary for Reimbursement for Net Realized 
     Losses of the Commodity Credit Corporation (estimated to be 
     $16,452,377,000 in the President's fiscal year 2005 Budget 
     Request), as proposed by the House and Senate.

                       Hazardous Waste Management

       The conference agreement provides a limitation of 
     $5,000,000 for Hazardous Waste Management, as proposed by the 
     House and Senate.

                    TITLE II--CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

       The conference agreement provides $741,000 for the Office 
     of the Under Secretary for Natural Resources and Environment 
     instead of $731,000 as proposed by the House and $758,000 as 
     proposed by the Senate.
       The conferees direct the Natural Resources Conservation 
     Service (NRCS) to provide the Committees on Appropriations a 
     report no later than 90 days after enactment of this Act 
     detailing the steps necessary and the funds required to 
     complete the Kagman watershed project in the Northern Mariana 
     Islands.
       The conference agreement directs the NRCS to provide 
     funding from within the Mississippi Wetland Reserve Program 
     allocation to restore catfish ponds to functioning wetlands 
     in order to reduce flooding, improve water quality, and 
     provide habitat for aquatic wildlife.

                 Natural Resources Conservation Service


                        conservation operations

       The conference agreement includes $837,360,000 for 
     Conservation Operations, instead of $854,132,000 as proposed 
     by the House and $845,863,000 as proposed by the Senate. The 
     agreement includes statutory language to make the funds in 
     this account available until June 30, 2006, instead of the 
     funds remaining available until expended, as proposed by the 
     Senate.
       The Committee provides $23,500,000 for the Grazing Lands 
     Conservation Initiative, $10,500,000 for snow surveys, 
     $14,433,000 for Plant Materials Centers, and $87,196,000 for 
     the Soil Surveys Program.
       Misuse of discretionary funds.--The conferees are concerned 
     about the misuse of discretionary conservation technical 
     assistance funds. The fiscal year 2004 instructions to State 
     Conservationists from the Chief of NRCS, state, ``Your fiscal 
     and performance responsibilities include . . . Assuring that 
     all planning that occurs before the approval of an 
     application for Farm Bill conservation programs is charged to 
     Conservation Technical Assistance (CTA), but charge the 
     planning that occurs after the application has been approved 
     (contract planning) to the benefiting program . . .''. This 
     instruction is in clear violation of provisions of Public Law 
     108-199, which are restated in this Act, directing that none 
     of the funds made available to NRCS may be used to provide 
     technical assistance ``with respect to programs listed in 
     section 1241(a) of the Food Security Act of 1985.'' The 
     Office of the General Counsel has opined that the language is 
     clear in its prohibition of the use of discretionary CTA 
     funds for Farm Bill conservation programs. The NRCS is 
     directed to provide the Committees on Appropriations with a 
     detailed accounting of all CTA funds that were used for Farm 
     Bill conservation programs at any point in fiscal years 2003 
     and 2004, including the amounts and dates of any charges made 
     to CTA during the planning process before application 
     approval, by January 15, 2005.
       State funding allocations.--The conferees are concerned 
     that funding allocations to the States are being reduced in 
     proportion to Congressional earmarks funded in the 
     Conservation Operations account. The conferees direct the 
     Chief of the NRCS, in making the fiscal year 2005 
     Conservation Operations funding allocations to the States, to 
     treat Congressional earmarks as additions to the States' 
     funding allocation. The conferees direct the NRCS to provide 
     a report to the Committees on Appropriations, not later than 
     45 days after the enactment of this Act, including the 
     following: fiscal year 2004 Conservation Operations 
     Allocation by State, fiscal year 2005 Conservation Operations 
     Allocation by State, the fiscal year 2005 Congressional 
     Earmarks by State, and the Total Conservation Operations 
     Allocation by State.
       Projects identified with a specific dollar amount in House 
     Report 108-401 that were directed to be funded by the 
     conferees for fiscal year 2004 or identified with a specific 
     dollar amount in House Report 108-584 or Senate Report 108-
     340 are not funded for fiscal year 2005, unless specifically 
     mentioned herein.
       The conferees direct NRCS to obligate the funds for the 
     projects named within this account within 45 days of 
     enactment, and to provide a report within 60 days of 
     enactment to the Committees on Appropriations regarding those 
     obligations, and specifically noting any projects for which 
     funding has been delayed beyond 45 days and the reason for 
     the delay.
       The following funds are directed to be used in cooperative 
     agreements continued with the same cooperator entities as in 
     the fiscal year 2004 agreements, unless otherwise noted.
       Cooperative agreement between the Alabama Department of 
     Conservation and Natural Resources and the Alabama Wildlife 
     Federation for conservation education in Millbrook, Alabama--
     $450,000; Obtain/evaluate materials for cold region seeds of 
     plants in conjunction w/ Alaska Division of Agriculture 
     (AK)--$315,000; Native Plant Materials (evaluating and 
     developing) (AK)--$315,000; GIS-based mapping/hyperspectral 
     imaging of agriculture lands (AK)--$400,000; NRI pilot 
     development (AK)--$1,200,000; Cooperative agreement w/ Soil 
     and Water Conservation District (AK)--$1,500,000; National 
     Water Management Center (AR)--$2,612,500; Little Red River 
     Irrigation Project (AR)--$399,000; Study to determine 
     logistics of transportation/coordination of excess nutrient 
     management (AR)--$225,000; East Valley Conservation District/
     Santa Ana Watershed Authority Non-native Plant Removal (CA) 
     --$1,000,000; Monterey Bay Sanctuary (CA)--$600,000; 
     Cooperative agreement with the Municipal Water District of 
     Orange County, California--$100,000; Cooperative agreement w/ 
     Tufts University to improve conservation practices (CT)--
     $480,000; Pilot projects for technology systems resulting in 
     nutrient reduction (FL)--$5,500,000; Manatee Agriculture 
     Reuse System (FL)--$2,000,000; Lake Okeechobee Watershed 
     project planning (FL)--$310,000; Suwannee, Dixie, and 
     Lafayette Counties dairy and poultry waste treatment (FL)--
     $280,000; Cooperative agreement w/Green Institute (FL)-- 
     $340,000; Implementation of pilot projects for nutrient 
     reducing waste treatment systems (FL)--$720,000; Georgia Soil 
     and Water Conservation Commission Cooperative Agreement 
     (GA)--$3,600,000; Community nutrient management facilities 
     (GA)--$350,000; PMC for Native Plants to clean up the Island 
     of Kahoolawe (HI)--$108,000; Molokai Agriculture Community 
     Committee (HI)--$250,000; Agricultural development/resource 
     conservation--Molokai (HI)--$740,000; Idaho One Plan (ID)--
     $200,000; Conversion to sprinkler irrigation--Minidoka (ID)--
     $950,000; Basalt and ground water protection project (ID)--
     $275,000; Ecological site description project w/ ID 
     Association of Conservation Districts (ID)--$300,000; Trees 
     Forever Program (IL)--$100,000; Iroquois River watershed 
     (IL)--$468,000; Illinois River Agricultural Conservation 
     Project w/ Ducks Unlimited (IL)--$244,000; Wildlife habitat 
     education program in conjunction w/National Wild Turkey 
     Federation (IL)--$244,000; Cooperative agreement with Kane 
     County, Illinois, for Blackberry Creek watershed (IL)--
     $360,000; Illinois River Basin--EQIP; Hungry Canyon/Loess 
     Hills Erosion Control/Western Iowa (IA)--$1,200,000; Trees 
     Forever Program (IA)--$100,000; CEMSA w/ Iowa Soybean 
     Association (IA)--$431,500; Cooperative agreement w/ Northern 
     Iowa University (IA)--$450,000; Innovative environmental 
     technology program (IN)--$650,000; Soil erosion control cost-
     share program/soil survey program (KY)--$2,800,000; Technical 
     assistance to provide grants to Soil Conservation Districts 
     in Kentucky (KY)--$940,000; Cooperative agreement w/ Western 
     Kentucky University (KY)--$400,000; Dairy waste remediation-
     Lake Ponchartrain Basin (LA)--$295,000; Cooperative agreement 
     w/ LSU on effectiveness of agriculture and forestry (LA)--
     $336,500; False River sedimentation/Bayou Grosse (LA)--
     $150,000; Chesapeake Bay activities (MD)--$6,000,000; 
     Conservation related to cranberry production (MA/WI)--
     $570,000; Weed It Now--Taconic Mountains (MA/NY/CT)--
     $200,000; Great Lakes pilot program for conservation (MI)--
     $575,000; Mississippi Conservation Initiative (MS)--
     $2,500,000; Delta Water Resources Study (MS) $700,000; Delta 
     Conservation Demonstration Center, Washington County (MS) 
     $1,400,000; Soil erosion/Alcorn State (MS)--$175,000; Cattle 
     and nutrient management in stream crossings (MS)--$900,000; 
     Choctaw County feasibility study for surface impoundment 
     (MS)--$230,000; Wildlife Management Institute (MS)--
     $5,813,000; Humphrey's County Hospital flood protection 
     (MS)--$125,000; Drainage improvements/Hinds County (MS)--
     $250,000; Drainage improvements, Port Gibson, (MS)--$397,000; 
     Rankin County-Richland Creek Watershed (MS)--$250,000; Rankin 
     County erosion control project, Mill Creek (MS)--$225,000; 
     Upper White River Water Quality Project in southern Missouri 
     (MO)--$391,500; Lake Tahoe Basin Soil Conservation Project 
     (NV/CA)--$500,000; Great Basin Land and Water study (NV)--
     $300,000; State conservation cost share program (NJ)--
     $950,000; Riparian restoration activities along Rio Grande 
     and Pecos River (NM)--$540,000; Pastureland Management/
     Rotational Grazing (NY)--$600,000; Best management practices/
     Skaneateles and Owasco Watersheds (NY)--$325,000; Address 
     non-point pollution in Onondaga and Oneida Lake Watersheds 
     (NY)--$500,000; Phase II/Watershed Agriculture Council in 
     Walton (NY)--$700,000 of which $80,000 is for monitoring the 
     easements purchased by the Council's Whole Farm Easement 
     Program; Pace University Land Use Law Center (NY)--$200,000; 
     technical assistance to address water quality problems in 
     Sodus Bay watershed, Wayne

[[Page H10421]]

     County (NY)--$250,000; New York State Agriculture and 
     Environment Management Program (NY)--$800,000; Long Island 
     Sound watershed initiative (NY)--$200,000; Erosion control/
     stabilization for Hudson River shoreline (NY)--$250,000; 
     Technical assistance to livestock/poultry industry (NC)--
     $450,000; West Cary Watershed and Farmland Protection Project 
     (NC)--$300,000; Red River Flood Prevention/Energy and 
     Environmental Research Center (ND)--$1,000,000; North Central 
     Planning Council water utilization/Devil's Lake (ND)--
     $350,000; Maumee Watershed Hydrological Study and Flood 
     Mitigation Plan (OH)--$1,000,000; Oregon Garden, Silverton 
     (OR)--$325,000; Native grassland demo project in the vicinity 
     of Tar Creek (OK)--$2,350,000; Pawcatuck Watershed (RI)--
     $500,000; Study to characterize land use change while 
     preserving natural resources in cooperation with Clemson 
     University (SC)--$1,200,000; GIS based Model to integrate 
     commodity and conservation (SC)--$900,000; Bexar, Medina, 
     Uvalde Counties irrigation in Edwards Aquifer (TX)--$500,000; 
     Field office telecommunications pilot program/advanced soil 
     survey methods (TX)--$2,400,000; Leon River Restoration 
     project (TX)--$100,000; Range vegetation pilot project, Ft. 
     Hood (TX)--$500,000; a cooperative agreement with the Texas 
     Water Resources Institute to implement a watershed protection 
     plan for Tarrant County (TX)--$500,000; AFO/CAFO Pilot 
     Project (UT)--$300,000; Dry Creek/Neff's Grove project (UT)--
     $1,050,000; Study to examine effects of vegetative 
     manipulation on water yields w/ Utah State (UT)--$625,000; 
     Washington Fields (UT)--$1,125,000; Utah Conservation 
     Initiative (UT)--$1,000,000; Reduce phosphorus loading into 
     Lake Champlain (VT)--$295,000; Pilot farm viability program 
     project (VT) $233,500; Walla Walla watershed alliance (WA)--
     $500,000; Design/implement natural stream restoration 
     initiatives (WV)--$785,000; Soil survey geographic database 
     in the Mid-Atlantic Highlands (WV)--$190,000; Poultry Litter 
     Composting (WV)--$160,000; Potomac and Ohio River Basin Soil 
     Nutrient Project (WV)--$300,000; Appalachian Small Farmer 
     Outreach Program (WV)--$860,000; GIS Center of Excellence at 
     West Virginia University (WV)--$4,418,500; Grazing Lands 
     Initiative/Wisconsin Department of Ag (WI)--$950,000; Examine 
     benefits of using vegetative buffers w/ Univ. of Wisconsin--
     Madison (WI)--$550,000; Conservation land internship program 
     (WI)--$114,000; Wisconsin Tribal Conservation Advisory 
     Committee cooperative agreement (WI)--$287,500; Cooperative 
     agreement w/Sand County Foundation (WI)--$1,050,000; 
     University of Wisconsin cooperative agreement on conservation 
     tech transfer (WI)--$300,000; Cooperative agreement with 
     Pioneer Farm (WI)--$300,000; Soil survey mapping project 
     (WY)--$300,000; Audubon at Home Pilot Program--$500,000; 
     Great Lakes Basin Program for Soil & Erosion Sediment--
     $2,500,000; On-Farm Management Systems Evaluation Network--
     $200,000; Watershed management demo program/NPPC--$548,000; 
     National Fish and Wildlife Foundation Partnerships--
     $3,000,000; Source water protection project to States showing 
     greatest need--$3,250,000; and Operation Oak Program to 
     restore hardwoods--$350,000.
       The conferees provide $900,000 for the continued 
     development of a geographic information system database in 
     South Carolina to integrate commodity and conservation 
     program data at the field level for watershed analysis and 
     other purposes as the agency deems appropriate. The conferees 
     encourage the agency to consider the designation of the 
     University of South Carolina Earth Sciences Resources 
     Institute as an Information Technology Center of Excellence.
       The conferees recognize that the High Plains Aquifer, with 
     the Ogallala Aquifer as its most important component, lies 
     beneath eight States and is the primary source of water for 
     all reported uses in western Kansas. The conferees are aware 
     that the aquifer is depleting at alarming rates and absent 
     conservation efforts could be dry within two decades. The 
     conferees urge the agency to give consideration to the use of 
     ground and surface water funding for projects in Kansas that 
     will conserve this aquifer.
       The conferees support the preservation of the last 
     tallgrass prairie in North America, most of which is located 
     in the Flint Hills region of Kansas. The conferees recognize 
     that the tallgrass prairie provides rich ranching lands, open 
     spaces, and habitat for a diverse assemblage of plants and 
     animals. The conferees urge the agency to give consideration 
     to the use of all appropriate funding sources for projects in 
     Kansas that will preserve and protect this unique area.
       Edwards Aquifer.--The conferees encourage the Agency to 
     provide technical and financial assistance to the Edwards 
     Aquifer Authority, San Antonio Water Systems, and other local 
     entities, regarding plugging of wells to address pollution 
     concerns.
       The conferees appreciate previous efforts by NRCS to 
     conserve sage grouse habitat in the western United States. 
     The conferees encourage the agency to use no less than 
     $5,000,000 in fiscal year 2005 to enhance its efforts on sage 
     grouse habitat conservation. Additionally, NRCS should 
     consider using such funds on public land grazing leases in 
     addition to private lands.
       Plant Materials Centers.--The conference agreement provides 
     funding to complete construction of the Fallon, Nevada, Plant 
     Materials Center, $1,500,000, and of the storage facility at 
     the Alaska Plant Materials Center, $1,350,000. The conference 
     agreement provides funding for the Kika de la Garza Plant 
     Materials Center at no less than the fiscal year 2004 level, 
     to continue the work conducted at the Center.


                     WATERSHED SURVEYS AND PLANNING

       The conference agreement provides $7,083,000 for Watershed 
     Surveys and Planning instead of $11,083,000 as proposed by 
     the House and $7,500,000 as proposed by the Senate.
       The conferees are concerned that additional watershed 
     surveys and planning work is being initiated at a time when 
     ongoing planning is not being completed in a timely manner, 
     and the backlog for watershed project implementation and 
     construction continues to mount. The conferees direct the 
     Chief of NRCS to evaluate and rank planning efforts in order 
     to fund and complete the most promising projects based upon 
     merit, and notify the Committees on Appropriations of the 
     selected watershed projects.


               WATERSHED AND FLOOD PREVENTION OPERATIONS

       The conference agreement provides $75,576,000 for Watershed 
     and Flood Prevention Operations instead of $86,487,000 as 
     proposed by the House and $64,000,000 as proposed by the 
     Senate.
       The conferees include bill language which limits the amount 
     spent on technical assistance to not more than $35,000,000.
       The conferees include funding to complete the next phase of 
     projects listed in the House and Senate reports.


                    WATERSHED REHABILITATION PROGRAM

       The conference agreement provides $27,500,000 for the 
     Watershed Rehabilitation Program instead of $30,091,000 as 
     proposed by the House and $25,000,000 as proposed by the 
     Senate.
       The conferees direct that funding under this program be 
     provided for rehabilitation of structures determined to be of 
     high priority need in order to protect property and ensure 
     public safety.


                 RESOURCE CONSERVATION AND DEVELOPMENT

       The conference agreement provides $51,641,000 for Resource 
     Conservation and Development as proposed by the House instead 
     of $50,760,000 as proposed by the Senate.
       The conferees include bill language as proposed by the 
     House that directs the Secretary to enter into an agreement 
     with a national association related to the Resource 
     Conservation and Development program, and directs that such 
     an agreement must maintain the same matching, contribution 
     requirements and funding set forth in previous agreements.
       The conferees also include bill language that limits 
     funding for national headquarters activities as proposed by 
     the House.

                 TITLE III--RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

       The conference agreement provides $632,000 for the Office 
     of the Under Secretary for Rural Development as proposed by 
     the House instead of $645,000 as proposed by the Senate.
       The conferees direct the Under Secretary to give 
     consideration to the following projects or organizations 
     requesting financial and/or technical assistance, and grants 
     and/or loans made available under the Rural Development 
     mission area: Las Lomas Colonia, Starr County (TX), park and 
     youth center; City of Benevides (TX), infrastructure for town 
     park; City of Penitas (TX), development of wildlife park; 
     City of Rio Grande City (TX), improvements for neighborhood 
     pocket park; water and waste disposal loans for Pojoaque 
     Pueblo (NM); and Union-Lincoln Regional Water Supply 
     Initiative (LA), for alternative water supply program.
       The conferees expect the Under Secretary to approve these 
     projects only when such applications are judged to be 
     meritorious when subject to established review procedures.
       The conference agreement includes a general provision 
     (Section 793) that provides $2,250,000 to assist in the 
     establishment of pilot cooperative healthcare purchasing 
     alliances for farmers, ranchers, small businesses and non-
     profit organizations in Wisconsin and Minnesota. The 
     conferees expect the Department to provide the grant within 
     60 days of enactment of this Act to the Wisconsin Federation 
     of Cooperatives, of which $2,000,000 is for the establishment 
     of a stop loss fund and of which $250,000 is for 
     administrative expenses, including actuarial studies.


                  RURAL COMMUNITY ADVANCEMENT PROGRAM

       The conference agreement provides $716,049,000 for the 
     Rural Community Advancement Program (RCAP) instead of 
     $668,408,000 as proposed by the House and $733,360,000 as 
     proposed by the Senate. The conference agreement provides 
     $89,180,000 for rural community programs; $552,689,000 for 
     rural utilities programs, of which $1,000,000 is for grants 
     to nonprofit organizations to finance construction, 
     refurbishing, and servicing of individually-owned household 
     water well systems in rural areas, and of which $500,000 is 
     for revolving funds for financing water and wastewater 
     projects; and $74,180,000 is for rural business and 
     cooperative development programs.
       The conference agreement provides $25,000,000 for loans and 
     grants to benefit Federally Recognized Native American 
     Tribes.
       The conference agreement provides $4,500,000 for community 
     facilities grants to tribal colleges.
       The conference agreement provides $6,350,000 for the Rural 
     Community Development Initiative.

[[Page H10422]]

       The conference agreement provides $1,000,000 for grants to 
     the Delta Regional Authority for any Rural Community 
     Advancement Program purpose.
       The conference agreement provides $18,250,000 for technical 
     assistance grants for rural water and waste systems.
       The conference agreement provides $5,600,000 for the Rural 
     Community Assistance Programs, of which $800,000 shall be for 
     a qualified national Native American Organization to provide 
     technical assistance for rural water systems for tribal 
     communities.
       The conference agreement provides $13,500,000 for a circuit 
     rider program.
       The conference agreement provides $26,000,000 for rural and 
     Native villages in Alaska.
       The conference agreement provides $21,000,000 for 
     facilities in rural communities with extreme unemployment and 
     severe economic depression.
       The conference agreement provides $28,000,000 to be 
     transferred to the Rural Utilities Service, High Energy Cost 
     Grants Account.
       The conference agreement does not include $200,000 for 
     predevelopment planning grants from the Rural Community 
     Development Initiative.
       The conferees expect the Department to continue Rural 
     Community Advancement Program predevelopment planning grants.
       The conferees encourage the Department to provide a rural 
     business enterprise grant for the Tioga County Rural Economic 
     Area Partnership Zone to coordinate and facilitate local 
     community development projects in Tioga County, New York.
       The following table indicates the distribution of funding 
     for the RCAP:

Community Facilities........................................$89,180,000
Business-Cooperative Development.............................74,180,000
Water and Waste.............................................552,689,000
                                                       ________________
                                                       
    Total...................................................716,049,000
                                                       ================

Directed spending:
  Federally Recognized Native American Tribes................25,000,000
  Rural Community Development Initiative......................6,350,000
  Technical Assistance for Rural Transportation.................750,000
  Delta Regional Authority....................................1,000,000
  Colonias...................................................25,000,000
  Alaska Villages............................................26,000,000
  Technical Assistance.......................................18,250,000
  Circuit Rider..............................................13,500,000
  EZ/EC and REAP.............................................22,166,000
  Economic Impact Initiative Grants..........................21,000,000
  High Energy Cost Grants....................................28,000,000
  RCAP........................................................5,600,000
  Nonprofit individually-owned water well grants..............1,000,000
  Water and Wastewater Revolving Funds..........................500,000
  Tribal Colleges.............................................4,500,000


                RURAL DEVELOPMENT SALARIES AND EXPENSES

       The conference agreement provides $148,452,000 for Rural 
     Development Salaries and Expenses instead of $171,250,000 as 
     proposed by the House and $143,452,000 as proposed by the 
     Senate.
       The conferees provide an increase of $5,000,000 within the 
     Rural Development Salaries and Expenses account to be used to 
     complete the consolidation of St. Louis Rural Development 
     activities at the Goodfellow facility. The conferees further 
     request the Department to provide the Committees on 
     Appropriations a report on the status of the consolidation 
     within 60 days after enactment of this Act.

                         Rural Housing Service


              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

       The conference agreement provides a total subsidy of 
     $228,256,000 for activities under the Rural Housing Insurance 
     Fund Program Account instead of $230,030,000 as proposed by 
     the House and $228,847,000 as proposed by the Senate.
       The conference agreement provides for an estimated loan 
     program level of $4,720,843,000 instead of $4,686,906,000 as 
     proposed by the House and $4,157,691,000 as proposed by the 
     Senate.
       The conference agreement provides for a transfer of 
     $448,342,000 to salaries and expenses as proposed by the 
     Senate instead of $448,889,000 as proposed by the House.
       The conference agreement includes a provision authorizing 
     housing funds initially allocated to Alaska to be available 
     until September 30, 2006.
       The conference agreement does not include bill language 
     restricting the section 515 rental housing program to repair 
     and rehabilitation.
       The conferees include a general provision (Section 726) to 
     increase the guarantee fee for the guaranteed single-family 
     housing loan program to two percent. The conferees are 
     concerned that in fiscal years 2003 and 2004, the Rural 
     Housing Service needed to exercise the Secretary's 
     interchange authority to transfer additional budget authority 
     to avoid shutting down the guaranteed loan program. The 
     fiscal year 2005 President's budget request included only a 
     small increase in loan level above the appropriated fiscal 
     year 2004 level. Raising the guarantee fee to two percent 
     will allow this guarantee loan program to more effectively 
     use its budget authority.
       The following table indicates loan and subsidy levels 
     provided in the conference agreement:


              Rural Housing Insurance Fund Program Account

Loan authorizations:
  Single family (sec. 502).............................($1,150,000,000)
  Unsubsidized guaranteed...............................(3,309,297,000)
  Housing repair (sec. 504)................................(35,000,000)
  Rental housing (sec. 515)...............................(100,000,000)
  Site loans (sec. 524).....................................(5,045,000)
  Multi-family housing guarantees.........................(100,000,000)
  Multi-family housing credit sales.........................(1,501,000)
  Single family housing credit sales.......................(10,000,000)
  Self help housing land development.......................(10,000,000)
                                                       ________________
                                                       
    Total, Loan authorizations..........................(4,720,843,000)
                                                       ================

Loan subsidies:
  Single family (sec. 502)..................................133,170,000
  Unsubsidized guaranteed....................................33,608,000
  Housing repair (sec. 504)..................................10,171,000
  Rental housing (sec. 515)..................................47,090,000
  Site loans (sec. 524)..............................................--
  Multi-family housing guarantees.............................3,490,000
  Multi-family housing credit sales.............................727,000
  Single family housing credit sales.................................--
  Self help housing land development.................................--
                                                       ________________
                                                       
    Total, Loan subsidies...................................228,256,000
                                                       ================

RHIF administration expenses (transfer to RD)...............448,342,000


                       RENTAL ASSISTANCE PROGRAM

       The conference agreement provides $592,000,000 for the 
     Rental Assistance Program as proposed by the House instead of 
     $585,900,000 as proposed by the Senate.


                  MUTUAL AND SELF-HELP HOUSING GRANTS

       The conference agreement provides $34,000,000 for Mutual 
     and Self-Help Housing Grants as proposed by the House and 
     Senate.


                    RURAL HOUSING ASSISTANCE GRANTS

       The conference agreement provides $43,992,000 for Rural 
     Housing Assistance Grants instead of $42,500,000 as proposed 
     by the House and $46,992,000 as proposed by the Senate.
       The conferees provide $3,000,000 for the preservation of 
     the section 515 multi-family housing portfolio. The conferees 
     encourage the Secretary to issue a Notice of Funding 
     Availability within 90 days of enactment of this Act. The 
     Secretary should give funding priority to entities with equal 
     or greater matching funds, including housing tax credits for 
     rural housing assistance. Additional priority should be 
     provided to entities with experience in the administration of 
     revolving loan funds and the preservation of multi-family 
     housing.
       The conference agreement provides $1,800,000 for 
     Empowerment Zones and Enterprise Communities and communities 
     designated by the Secretary of Agriculture as Rural Economic 
     Area Partnership Zones.


                       FARM LABOR PROGRAM ACCOUNT

       The conference agreement provides $34,118,000 for the Farm 
     Labor Program Account instead of $36,765,000 as proposed by 
     the House and $31,471,000 as proposed by the Senate.
       The conference agreement provides $38,500,000 for an 
     estimated loan program level, $18,118,000 for loan subsidies, 
     and $16,000,000 for grants.

                   Rural Business-Cooperative Service


              RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

       The conference agreement provides an estimated loan program 
     level of $34,213,000 with a subsidy of $15,868,000 for the 
     Rural Development Loan Fund as proposed by the House and 
     Senate.
       The conference agreement provides for a transfer of 
     $4,316,000 to the Rural Development salaries and expenses 
     account as proposed by the Senate instead of $4,321,000 as 
     proposed by the House.
       The conference agreement includes $3,449,000 for 
     Mississippi Delta Region counties, of which up to $1,500,000 
     is for the Delta Regional Authority.


          RURAL ECONOMIC DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

       The conference agreement provides an estimated loan program 
     level of $25,003,000 for the Rural Economic Development Loan 
     Fund Program Account with a subsidy of $4,698,000 as proposed 
     by the House and Senate to remain available until expended.


                  RURAL COOPERATIVE DEVELOPMENT GRANTS

       The conference agreement provides $24,000,000 for Rural 
     Cooperative Development Grants as proposed by the Senate 
     instead of $23,500,000 as proposed by the House.
       The conference agreement provides $15,500,000 for value-
     added agricultural product market development grants.


       RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

       The conference agreement provides $12,500,000 for Rural 
     Empowerment Zones and Enterprise Communities Grants as 
     proposed by the Senate instead of $11,419,000 as proposed by 
     the House.
       The conference agreement includes bill language providing 
     that $1,000,000 shall be for third round empowerment zones.

[[Page H10423]]

                        Renewable Energy Program

       The conference agreement provides $23,000,000 for the 
     Renewable Energy Program as proposed by the House instead of 
     $20,000,000 as proposed by the Senate.

                        Rural Utilities Service


   RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT

       The conference agreement provides a total subsidy of 
     $5,158,000 for activities under the Rural Electrification and 
     Telecommunications Loans Program Account. The conference 
     agreement provides for an estimated loan program level of 
     $4,840,000,000 as proposed by the House and Senate.
       The conference agreement provides for a transfer of 
     $38,277,000 to the Rural Development salaries and expenses 
     account as proposed by the Senate instead of $38,323,000 as 
     proposed by the House.
       The conferees are concerned by the Department's 
     reprogramming of the Rural Electrification and 
     Telecommunications Loan Program in fiscal year 2004. The 
     program levels are estimates, not limitations, and the 
     affected direct loan program levels had negative subsidy 
     rates in fiscal year 2004. If the program levels with 
     negative subsidy rates in this account are insufficient to 
     meet the expected demand, the program level should be 
     increased with no offset to another program level. The 
     Committees on Appropriations continue to require notification 
     of any reprogramming and expect that all loan level 
     reprogramming be consistent with this paragraph.
       The following table indicates loan and subsidy levels 
     provided in the conference agreement:


   Rural Electrification and Telecommunications Loans Program Account

Loan authorizations:
                                                              Electric:
    Direct, 5 percent....................................($120,000,000)
    Direct, Muni..........................................(100,000,000)
    Direct, FFB.........................................(2,000,000,000)
    Direct, Treasury rate...............................(1,000,000,000)
    Guaranteed............................................(100,000,000)
    Guaranteed underwriting.............................(1,000,000,000)
                                                       ________________
                                                       
      Subtotal..........................................(4,320,000,000)
                                                       ================

                                                    Telecommunications:
    Direct, 5 percent.....................................(145,000,000)
    Direct, Treasury rate.................................(250,000,000)
    Direct, FFB...........................................(125,000,000)
                                                       ________________
                                                       
      Subtotal............................................(520,000,000)
                                                       ================

      Total, loan authorizations........................(4,840,000,000)
                                                       ================

Loan subsidies:
                                                              Electric:
    Direct, 5 percent.........................................3,648,000
    Direct, Muni..............................................1,350,000
    Guaranteed...................................................60,000
                                                       ________________
                                                       
      Subtotal................................................5,058,000
                                                       ================

  Telecommunications: Direct, Treasury rate.....................100,000
                                                       ________________
                                                       
    Total, loan subsidies.....................................5,158,000
                                                       ================

RETLP administrative expenses (transfer to RD)...............38,277,000


                  RURAL TELEPHONE BANK PROGRAM ACCOUNT

       The conference agreement provides an estimated loan program 
     level of $175,000,000 for the Rural Telephone Bank Program 
     Account as proposed by the House and Senate.
       The conference agreement provides for a transfer of 
     $3,152,000 to the Rural Development salaries and expenses 
     account as proposed by the House and the Senate.


         DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

       The conference agreement provides $56,425,000 for the 
     Distance Learning, Telemedicine, and Broadband Program 
     instead of $44,594,000 as proposed by the House and 
     $60,064,000 as proposed by the Senate.
       The conference agreement provides for an estimated loan 
     program level of $50,000,000 for distance learning and 
     telemedicine and $550,000,000 for broadband 
     telecommunications.
       The conference agreement includes $35,000,000 for distance 
     learning and telemedicine grants, of which $10,000,000 is for 
     public broadcasting system grants. The conference agreement 
     also includes $710,000 for the distance learning and 
     telemedicine loan subsidy.
       The conference agreement includes $11,715,000 for broadband 
     telecommunications loan subsidy, and $9,000,000 for grants.

                    TITLE IV--DOMESTIC FOOD PROGRAMS

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

       The conference agreement provides $595,000 for the Office 
     of the Under Secretary for Food, Nutrition and Consumer 
     Services, as proposed by the House, instead of $608,000 as 
     proposed by the Senate.

                       Food and Nutrition Service


                        CHILD NUTRITION PROGRAMS

       The conference agreement provides $11,782,000,000 for Child 
     Nutrition Programs, instead of $11,380,557,000, as proposed 
     by both the House and Senate. Included in the total is an 
     appropriated amount of $6,629,038,000 and a transfer from 
     section 32 of $5,152,962,000.
       The conference agreement includes a provision prohibiting 
     use of funds for studies and evaluations.
       The conference agreement provides the following for Child 
     Nutrition programs:


                      Total Obligational Authority

Child Nutrition Programs:
  School lunch program...................................$6,794,930,000
  School breakfast program................................1,925,044,000
  Child and adult care food program.......................2,058,976,000
  Summer food service program...............................282,787,000
  Special milk program.......................................17,210,000
  State administrative expenses.............................144,878,000
  Commodity procurement and computer support................541,858,000
  School meals initiative/Team nutrition.....................10,025,000
  Food safety education.......................................1,000,000
  Coordinated review effort...................................5,235,000
  Program pay cost...............................................57,000
                                                       ________________
                                                       
    Total................................................11,782,000,000


SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN 
                                 (WIC)

       The conference agreement provides $5,277,250,000 for the 
     Special Supplemental Nutrition Program for Women, Infants and 
     Children (WIC), instead of $4,907,250,000 as proposed by the 
     House, and $5,175,250,000 as proposed by the Senate.
       The conference agreement provides an increase of 
     $190,000,000 above the budget amendment that was submitted 
     July 14, 2004. Within the total provided, the conferees 
     redirect $37,250,000 from requested initiatives to meet 
     current and anticipated increases in program participation.
       The conference agreement includes $125,000,000 for a 
     contingency reserve fund, to be allocated as the Secretary 
     deems necessary, as proposed by the Senate. The conference 
     agreement does not include statutory language designating the 
     amount as an emergency requirement.
       The conference agreement does not include bill language 
     that sets aside $5,000,000 for childhood obesity and 
     $20,000,000 for State management information systems.


                           FOOD STAMP PROGRAM

       The conference agreement provides $35,154,554,000 for the 
     Food Stamp Program, instead of $33,635,798,000 as proposed by 
     the House and $33,641,798,000 as proposed by the Senate. 
     Included in this amount is a reserve of $3,000,000,000, to 
     remain available until September 30, 2006.
       In addition to the $3,000,000,000 in the reserve, the 
     conference agreement includes $30,499,527,000 for program 
     expenses, $1,515,027,000 for grants to Puerto Rico and Samoa, 
     and $140,000,000 for commodity purchase for The Emergency 
     Food Assistance Program.
       The conference agreement includes a provision allowing for 
     purchase of bison meat, in an amount not to exceed 
     $4,000,000, for the Food Distribution Program on Indian 
     Reservations (FDPIR).


                      COMMODITY ASSISTANCE PROGRAM

       The conference agreement provides $178,797,000 for the 
     Commodity Assistance Program as proposed by the House, 
     instead of $172,081,000, as proposed by the Senate.
       Within that amount, the conference agreement provides 
     $107,716,000 for the Commodity Supplemental Food Program, as 
     proposed by the House.
       The conference agreement includes a provision allowing the 
     Secretary to determine what form of special assistance would 
     go towards supporting the nuclear affected islands in this 
     account.
       The conferees provide $50,000,000 for administration--
     processing, storage, transport, and distribution--of The 
     Emergency Food Assistance Program (TEFAP). The conference 
     agreement includes a general provision (Section 739) that 
     provides the Secretary with authority to transfer up to 
     $10,000,000 from TEFAP commodity purchases to administration.


                   NUTRITION PROGRAMS ADMINISTRATION

       The conference agreement provides $139,937,000 for 
     Nutrition Programs Administration, instead of $133,742,000 as 
     proposed by the House, and $142,592,000 as proposed by the 
     Senate. The conference agreement does not include funding for 
     the requested initiatives as proposed by the Senate.
       The conference agreement does not include language 
     regarding WIC-only stores, as proposed by the House.

            TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign AGricultural Service


                         SALARIES AND EXPENSES

       The conference agreement provides $137,822,000 for the 
     Foreign Agricultural Service, Salaries and Expenses instead 
     of $137,722,000 as proposed by the House and $139,162,000 as 
     proposed by the Senate.
       The conference agreement includes the following increases: 
     $1,759,000 for ICASS; $1,565,000 to offset the increased 
     costs in overseas currency rates; $490,000 for overseas 
     telecommunications; $516,000 for capital surcharge; and 
     $600,000 for technical assistance for the promotion of 
     specialty crop exports.

     Public Law 480 Title I and Title II Program and Grant Accounts

       The conference agreement provides $94,198,000 for Title I 
     loan subsidies for a loan level of $109,000,000 as proposed 
     by the Senate instead of $86,420,000 for Title I loan 
     subsidies and a loan level of $100,000,000 as proposed by the 
     House.

[[Page H10424]]

       The conference agreement includes bill language providing 
     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 
     overseas as proposed by the House.
       The conference agreement provides $22,723,000 for Ocean 
     Freight Differential Grants as proposed by the House and the 
     Senate.
       The conference agreement provides $1,182,501,000 for Public 
     Law 480 Title II Grants instead of $1,180,002,000 as proposed 
     by the House and $1,185,000,000 as proposed by the Senate.
       The following table reflects the conference agreement for 
     Public Law 480 program accounts:


                             Public Law 480

Title 1--Program account:
  Loan authorization, direct.............................($109,000,000)
  Loan subsidies.............................................94,198,000
  Ocean freight differential.................................22,723,000
Title II--Commodities for disposition abroad:
  Program level.........................................(1,182,501,000)
  Appropriation...........................................1,182,501,000
Salaries and expenses:
  Foreign Agricultural Service (transfer).....................1,097,000
  Farm Service Agency (transfer)..............................2,937,000

       Commodity Credit Corporation Export Loans Program Account

       The conference agreement provides $4,423,000 for the 
     Commodity Credit Corporation Export Loans Program Account as 
     proposed by the Senate instead of $4,473,000 as proposed by 
     the House.

  McGovern-Dole International Food for Education and Child Nutrition 
                             Program Grants

       The conference agreement provides $87,500,000 for McGovern-
     Dole International Food for Education and Child Nutrition 
     Program Grants instead of $75,000,000 as proposed by the 
     House and $100,000,000 as proposed by the Senate.

      TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       The conference agreement provides total appropriations, 
     including Prescription Drug User Fee Act, Medical Device User 
     Fee Act, and Animal Drug User Fee Act collections, of 
     $1,788,478,000 for the salaries and expenses of the Food and 
     Drug Administration, instead of $1,788,849,000, as proposed 
     by the House and $1,791,599,000 as proposed by the Senate, 
     and provides specific amounts by FDA activity as reflected in 
     the following table.

                               FOOD AND DRUG ADMINISTRATION, SALARIES AND EXPENSES
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                             Prescription    Medical
                    Program                        Budget      drug user   device user  Animal drug     Total
                                                 authority       fees          fees      user fees
----------------------------------------------------------------------------------------------------------------
Foods.........................................      439,038  ............  ...........  ...........      439,038
Human Drugs...................................      293,839       204,808  ...........  ...........      498,647
Biologics.....................................      124,104        40,441        8,169  ...........      172,714
Animal Drugs and Feeds........................       91,216  ............  ...........        7,748       98,964
Medical Devices...............................      216,699  ............       18,379  ...........      235,078
National Center for Toxicological Research....       40,530  ............  ...........  ...........       40,530
Other Activities..............................       87,936        23,738        4,061          235      115,970
Rent and Rent-related Activities..............       54,036         3,000          686  ...........       57,722
Rental Payments to GSA........................      114,394        12,407        2,643          371      129,815
                                               -----------------------------------------------------------------
      Total Recommendation....................    1,461,792       284,394       33,938        8,354    1,788,478
----------------------------------------------------------------------------------------------------------------

       The conference agreement also makes mammography user fees 
     and export certification user fees available to the agency.
       Within the total funding for the Food and Drug 
     Administration, the following increases above the fiscal year 
     2004 level are provided: $35,500,000 for activities related 
     to food safety and food defense, as proposed by the Senate, 
     instead of $43,367,000 as proposed by the House; $8,325,000 
     for activities related to BSE, as proposed by the House and 
     Senate; $25,555,000 for medical device review, as proposed by 
     the Senate, instead of $23,055,000 as proposed by the House; 
     $5,000,000 for medical countermeasures to ensure preparedness 
     in the event of war or catastrophic events, as proposed by 
     the House and Senate; and $15,628,000 for relocation expenses 
     related to the move of the Center for Drug Evaluation and 
     Research offices to the consolidated White Oak campus, 
     instead of $10,628,000 as proposed by the House and 
     $20,628,000 as proposed by the Senate.
       In addition, the conference agreement includes increases 
     above the budget request for the following: $1,200,000 for 
     Orphan Product Grants, instead of $1,800,000 as proposed by 
     the House; $325,000 for the Office of Women's Health, as 
     proposed by the House; $250,000 for the Food Technology 
     Evaluation Laboratory at New Mexico State University, as 
     proposed by the Senate; and $300,000 for additional 
     activities relating to the vaccine for influenza.
       The conferees note the intense public interest in two 
     recent events related to prescription drug safety--the 
     changes ordered in anti-depressant drug labels and the 
     September 2004 withdrawal of a widely-prescribed painkiller. 
     The conferees are aware that FDA has undertaken a number of 
     steps in response to concerns raised about drug safety in the 
     aftermath of those incidents, including commissioning a study 
     by the Institute of Medicine (IOM) on how FDA handles drug 
     safety issues. The conferees direct FDA to regularly advise 
     the Committees about any changes that FDA anticipates 
     regarding drug safety, and to provide the Committees with 
     regular progress reports on the IOM review and with a copy of 
     the IOM report as soon as it is completed.
       The conferees find it necessary to remind the Food and Drug 
     Administration that the Committees on Appropriations perform 
     critical oversight functions for the agency. The ultimate 
     expression of this oversight is the funding decisions for the 
     agency and accompanying language in the statement of 
     managers. The conferees expect that Members of Congress will 
     be provided requested information from FDA so that the 
     Committees can perform their oversight function. It is 
     insupportable that in some cases FDA has given information 
     about major policy matters to the press before providing the 
     same information to Congress. The conferees expect FDA to be 
     fully cooperative with all Congressional oversight 
     activities.
       The conferees direct that no less than $14,392,000 be 
     available for grants and contracts awarded under Section 5 of 
     the Orphan Drug Act.
       The conferees appreciate receiving the detailed information 
     provided in the Explanatory Notes prepared by the Department 
     of Health and Human Services, Food and Drug Administration, 
     and rely heavily on this information when considering budget 
     proposals. These materials have traditionally been prepared 
     for the sole use of the Committees on Appropriations in a 
     format consistent with the organization and operation of the 
     programs and the structure of the Appropriations Act. At the 
     direction of the Office of Management and Budget, agencies 
     have changed the format and content of these materials to 
     focus on broader goals and objectives rather than the major 
     program structure followed in the Act, and in the actual 
     conduct of the programs. The new organization and content 
     does not present budget information in a format useful to the 
     deliberations of the Committees. For fiscal year 2006 and 
     future years, the FDA is directed to present Explanatory 
     Notes in a format consistent with the presentation used for 
     the fiscal year 2002 Budget. Any deviations from that format 
     are to be approved in advance by the Committees.
       The conference agreement also includes savings related to 
     administrative efficiencies, as proposed in the budget.
       The conference agreement does not include language 
     regarding collection of the fiscal year 2006 Prescription 
     Drug User Fee Act fees as proposed by the House.
       The conferees include a $300,000 increase for the Center 
     for Biologics Evaluation and Research (CBER) and related 
     field activities in the Office of Regulatory Affairs for flu 
     vaccine-related activities. The conferees understand that 
     CBER will be undertaking a number of additional activities in 
     fiscal year 2005 to secure additional units of flu vaccine 
     for the 2004-2005 flu season and to ensure an adequate supply 
     of flu vaccine for the 2005-2006 flu season.
       Relocation to White Oak Facility.--The conferees provide a 
     $15,628,000 budget authority increase and expect that 
     appropriated user fees will fully fund the additional amount 
     needed for relocation costs to the White Oak, Maryland, 
     facility.
       National Center for Food Safety and Technology.--The 
     conferees recognize the contributions which the National 
     Center for Food Safety and Technology (NCFST) is making 
     toward ensuring the security of the nation's food supply. The 
     conferees direct that FDA continue to provide $3,000,000 to 
     NCFST through the cooperative agreement. The $3,000,000 in 
     funding shall be exclusive of any additional initiative funds 
     that FDA may award to NCFST.
       Human Drug Compounding.--The conferees do not include the 
     language in the Senate report on human drug compounding. The 
     conferees believe that drugs for human use compounded by 
     pharmacists in response to a practitioner's prescription or 
     order in conformity with state law should be prepared

[[Page H10425]]

     according to established guidelines on quality, purity, and 
     strength, and preparation-specific monographs when they 
     exist. The conferees also recognize, however, that the nature 
     of compounding and the medical need it serves makes it 
     impossible for all compounded medications to be prepared 
     according to pre-existing monographs, and doing so would 
     infringe on the professional obligation of a medical 
     practitioner to prescribe the optimal medications for their 
     patients.
       There are existing state laws and official United States 
     Pharmacopoeia (USP) pharmacy standards which necessitate good 
     compounding practices. However, the conferees believe it is 
     desirable to develop additional formal monographs to provide 
     additional guidance and conformity for doctors, patients and 
     pharmacists.
       Presently, the USP, a national drug standard setting 
     organization recognized by Congress, has developed a number 
     of monographs for individual compounded preparations. The 
     conferees believe that a private sector partnership of 
     involved organizations with demonstrated expertise regarding 
     pharmacist compounding of preparations for humans should be 
     expeditiously established to help assure a significant 
     expansion of USP monographs and other relevant guidelines.
       The conferees believe that the FDA should assist in the 
     establishment of the private sector partnership to commence 
     the expansion of available monographs relevant to pharmacist 
     compounding of drugs for humans. The conferees encourage the 
     FDA to request adequate funding in the fiscal year 2006 
     budget request to support this effort at increasing the 
     number of formal monographs.
       Nothing in this statement regarding human drug compounding 
     should be interpreted to change or impact in any way the 
     existing state and federal regulatory roles regarding 
     compounding.
       Alpha-1 Antitrypsin Deficiency.--The conferees commend FDA 
     for the progress made in bringing two additional plasma based 
     therapies to market for the treatment of the progressive 
     degenerative lung disease Alpha-1. Currently the only 
     treatment for Alpha-1 is weekly infusions of plasma based 
     augmentation therapy that is life sustaining and helps these 
     individuals maintain lung function. Further, the Center for 
     Biologics and Evaluation and Research (CBER) is recognized 
     for meeting with consumer stakeholders in efforts to further 
     the development of next generation therapies. The conferees 
     encourage CBER to facilitate the development of novel and 
     innovative therapies for the Alpha-1 community to treat the 
     entire spectrum of individuals with Chronic Obstructive 
     Pulmonary Disease.
       Consolidation and Fees.--The conferees direct the 
     Department of Health and Human Services (DHHS) to include all 
     anticipated consolidations that impact FDA in the President's 
     budget requests submitted to Congress. Further, the conferees 
     direct that none of the funds made available to FDA in this 
     Act be used for any assessments, fees, or charges by DHHS 
     unless such assessments, fees, or charges are identified in 
     the FDA budget justification and expressly provided by 
     Congress, or approved by Congress in the official 
     reprogramming process as required in the General Provisions 
     of this Act.
       Biotechnology.--The conferees understand that the FDA 
     frequently receives requests from foreign governments for FDA 
     regulators to visit foreign countries to educate regulators 
     on the evaluation of the safety of biotechnology. Providing 
     information on the soundness of the U.S. regulatory process 
     will promote the understanding of the benefits of 
     biotechnology to human health and the environment and improve 
     the climate for acceptance of U.S. agricultural products 
     abroad. The conferees encourage FDA to allocate adequate 
     funding so that agency representatives may perform this 
     service.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

       The conference agreement provides $94,327,000 for the 
     Commodity Futures Trading Commission, instead of $93,327,000 
     as proposed by the House and $95,327,000 as proposed by the 
     Senate.

                       Farm Credit Administration


                 limitation on administrative expenses

       The conference agreement includes a limitation of 
     $42,350,000 on administrative expenses of the Farm Credit 
     Administration, instead of $42,900,000 as proposed by the 
     House and $41,800,000 as proposed by the Senate.

                     TITLE VII--GENERAL PROVISIONS

       Section 705. The conference agreement includes language 
     that allows for unobligated balances to be transferred to the 
     Working Capital Fund.
       Section 710. The conference agreement limits indirect costs 
     for grants awarded by the Cooperative State Research, 
     Education, and Extension Service to 20 percent.
       Section 714. The conference agreement includes language for 
     funds to cover necessary expenses related to advisory 
     committees.
       Section 718. The conference agreement includes language 
     regarding the transfer of funds to the Office of the Chief 
     Information Officer and information technology funding 
     obligations.
       Section 719. The conference agreement includes language 
     regarding the reprogramming of funds.
       Section 720. The conference agreement includes language 
     regarding the Initiative for Future Agriculture and Food 
     Systems.
       Section 725. The conference agreement includes language 
     regarding the National Sheep Industry Improvement Center 
     revolving fund.
       Section 726. The conference agreement includes language 
     regarding the guaranteed single-family housing loan program 
     guarantee fee.
       Section 727. The conference agreement includes language 
     that provides that certain locations shall be considered 
     eligible for certain rural development programs.
       Section 728. The conference agreement directs the Secretary 
     to make commodity tonnage available, to the extent 
     practicable, to assist foreign countries to mitigate the 
     effects of the Human Immunodeficiency Virus and Acquired 
     Immune Deficiency Syndrome.
       Section 729. The conference agreement includes language 
     regarding Natural Resources Conservation Service financial 
     and technical assistance for certain projects in Illinois and 
     Kentucky and sets limits for that funding.
       Section 730. The conference agreement includes language 
     regarding Natural Resources Conservation Service financial 
     and technical assistance for certain projects in Arkansas, 
     Alaska, Illinois, and Utah.
       Section 736. The conference agreement allows unobligated 
     balances within the Department of Agriculture to be used to 
     reimburse the Office of the General Counsel for certain 
     services provided.
       Section 740. The conference agreement includes language 
     regarding the Wetlands Reserve Program.
       Section 741. The conference agreement includes language 
     regarding the Environmental Quality Incentives Program.
       Section 742. The conference agreement provides the 
     Secretary of Agriculture with authority to authorize 
     employees of the Department to carry and use firearms for 
     personal protection while conducting field work in remote 
     locations.
       Section 743. The conference report includes language 
     regarding the renewable energy program.
       Section 744. The conference report includes language 
     regarding the broadband telecommunications program.
       Section 745. The conference agreement prohibits funds in 
     excess of $20,000,000, to be used to reimburse the Commodity 
     Credit Corporation for the release of eligible commodities 
     under the Bill Emerson Humanitarian Trust Act.
       Section 746. The conference agreement includes language 
     regarding the value-added market development program.
       Section 748. The conference agreement includes language 
     regarding Natural Resources Conservation Service financial 
     and technical assistance to the Dry Creek project, Utah.
       Section 749. The conference report includes language 
     regarding the Conservation Security Program.
       Section 750. The conference agreement includes language 
     regarding the Wildlife Habitat Incentive Program.
       Section 751. The conference report includes language 
     regarding the Farmland Protection Program.
       Section 752. The conference report includes assistance for 
     certain tree losses.
       Section 753. The conference agreement includes language 
     regarding the Rural Business Investment Program.
       Section 754. The conference agreement includes language 
     regarding Public Law 105-264.
       Section 755. The conference report includes language 
     regarding the ground and surface water conservation program.
       Section 756. The conference agreement includes language 
     related to final rulemaking on APHIS cost-sharing.
       Section 757. The conference agreement includes language 
     related to competitive sourcing of rural development or farm 
     loan programs.
       Section 758. The conference agreement gives the Secretary 
     of Agriculture the authority to enter into cooperative 
     agreements to lease aircraft.
       Section 759. The conference report includes $1,491,000 for 
     the Northern Great Plains Regional Authority and stipulates 
     that the Federal cost share is 100 percent.
       Section 760. The conference agreement includes language 
     regarding the Bioenergy Program.
       Section 761. The conference agreement includes language 
     regarding the Delta Regional Authority.
       Section 762. The conference agreement includes language 
     that rescinds certain unobligated balances.
       Section 763. The conference agreement includes language 
     regarding the use of discretionary funds for certain 
     purposes.
       Section 764. The conference agreement includes language 
     that rescinds certain unobligated balances.
       Section 765. The conference agreement includes a provision 
     regarding eligibility for housing assistance in Alaska.
       Section 766. The conference agreement includes language 
     regarding certain conservation programs.
       Section 767. The conference agreement provides $1,500,000 
     to the Denali Commission to address deficiencies in solid 
     waste disposal sites.
       Section 768. The conference agreement includes language 
     that provides that certain locations shall be considered 
     eligible for certain rural development programs.
       Section 769. The conference agreement includes language 
     regarding the Agricultural Trade Development and Assistance 
     Act of 1954.
       Section 770. The conference agreement includes a provision 
     giving the Secretary of

[[Page H10426]]

     Agriculture the authority to allow Community Facility Program 
     borrowers to enter into contracts with third parties for 
     necessary services.
       Section 771. The conference agreement includes language 
     regarding the Emergency Watershed Protection Program.
       Section 772. The conference agreement includes language 
     regarding agriculture credits or credit guarantees.
       Section 773. The conference agreement includes language 
     regarding eligibility for the Conservation Reserve Program 
     for land planted in hardwood trees, and previously enrolled 
     in the program, to remain enrolled.
       Section 774. The conference agreement includes language 
     regarding the use of funds to restrict to prescription use 
     certain contraceptives.
       Section 775. The conference agreement includes language 
     that rescinds certain unobligated balances.
       Section 776. The conference agreement includes language 
     regarding privacy protection of certain sellers of farm 
     products.
       Section 777. The conference agreement includes language 
     regarding a 1994 institution.
       Section 778. The conference agreement includes language 
     that rescinds certain unobligated balances.
       Section 779. The conference agreement includes language 
     regarding the Dakota Value Capture Cooperative.
       Section 780. The conference agreement includes language 
     regarding new WIC-only stores.
       Section 781. The conference agreement includes language 
     that rescinds certain unobligated balances.
       Section 782. The conference agreement includes language 
     that rescinds certain unobligated balances.
       Section 783. The conference agreement includes language 
     allowing use of unobligated balances in certain accounts 
     within the Rural Utilities Service for the purposes of 
     section 315 of the Rural Electrification Act of 1936.
       Section 784. The conference agreement includes language 
     regarding the Wildlife Habitat Management Institute.
       Section 785. The conference agreement includes language 
     regarding Livestock Assistance eligibility.
       Section 786. The conference agreement includes funding to 
     carry out provisions of Section 751 of Public Law 108-7.
       Section 787. The conference agreement includes funding for 
     a private lands wildlife management program.
       Section 788. The conference agreement includes certain 
     technical corrections regarding the Child Nutrition Act.
       Section 789. The conference agreement includes a technical 
     correction regarding the Hurricane Disasters Assistance Act.
       Section 790. The conference agreement includes funds for a 
     certain grant.
       Section 791. The conference agreement includes funds for a 
     certain grant.
       Section 792. The conference agreement includes language 
     that rescinds certain unobligated balances.
       Section 793. The conference agreement includes funds for a 
     certain grant.
       Section 794. The conference agreement includes language 
     regarding EQIP participation.
       Section 795. The conference agreement includes funds for a 
     certain grant.
       Section 796. The conference agreement includes language 
     regarding Child and Adult Care Food Program audit funds.
       Section 797. The conference agreement includes language 
     regarding the Grassland Reserve Program.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2004 amount, the 2005 
     budget estimates, and the House and Senate bills for 2005 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2004.......$86,761,836
Budget estimates of new (obligational) authority, fiscal year83,586,539
House bill, fiscal year 2005.................................83,670,594
Senate bill, fiscal year 2005................................84,053,760
Conference agreement, fiscal year 2005.......................86,190,567
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2004........-571,269
  Budget estimates of new (obligational) authority, fiscal ye+2,604,028
  House bill, fiscal year 2005...............................+2,519,973
  Senate bill, fiscal year 2005..............................+2,136,807

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

       The conferees recommend a total of $124,100,000 for General 
     Administration, Salaries and Expenses, instead of $97,856,000 
     as proposed by the House and $141,466,000 as proposed by the 
     Senate.
       The conference agreement includes the following program 
     increases: $100,000 and 2 positions for the Office of Public 
     Affairs; $6,592,000 and 30 positions for the Office of 
     Intelligence Policy and Review; $200,000 for diversity 
     programs; and $250,000 to enhance attorney recruitment and 
     retention through the Student Loan Repayment Program.
       In addition, the conferees strongly support the request for 
     the Justice Unified Telecom Network, Public Key 
     Infrastructure, Enterprise Architecture, Information Sharing 
     Initiative, Information Technology Project Oversight, 
     Investment Management, E-gov initiatives, and the Unified 
     Financial Management System (UFMS). The conference agreement 
     provides $1,073,000 in additional direct appropriations for 
     the Chief Information Officer's highest priority needs and an 
     additional $1,000,000 for the UFMS. The conferees support 
     additional funding for these initiatives through the recovery 
     of obligated but unexpended funds transferred to the Working 
     Capital Fund, or through other sources, subject to section 
     605 of this Act.
       The conferees direct the Department of Justice to provide 
     quarterly reports describing Department resources dedicated 
     to Indian Country and the activities of the Indian Gaming 
     Working Group. Additionally, the Department shall also 
     provide quarterly reports to Congress detailing efforts to 
     reduce the violent victimization of Native Americans, 
     including efforts to reduce murder rates, serious assaults, 
     violence against women, and child abuse. These reports shall 
     include: the number of agents assigned to Indian Country; 
     man-hours worked in Indian Country; the amount and type of 
     training provided; the number of matters initiated; the 
     number of cases; the number of subjects/defendants; the 
     number of convictions; and the amount of restitution ordered.
       The conferees adopt by reference the Senate report language 
     directing the Office of the Chief Information Officer to 
     evaluate commercially-proven enterprise data warehousing and 
     analytic systems and to provide a report to the Committees on 
     Appropriations summarizing the findings on this technology's 
     applicability to the counterterrorism mission not later than 
     March 31, 2005.
       The conference agreement includes necessary sums to 
     continue efforts to replace locks used to store classified 
     information.
       The conference agreement adopts by reference the House 
     report language concerning budget models and directs that the 
     Department of Justice submit a report, no later than August 
     1, 2005, describing how the hiring of an investigator impacts 
     the workload of the U.S. Attorneys, the U.S. Marshals 
     Service, the Detention Trustee, and the Federal Prison 
     System.
       In addition to the concerns stated above, the conferees 
     have expressed concerns elsewhere in the report about the 
     rationale underlying the allocation of staffing between the 
     litigating divisions and the United States Attorneys. The 
     conferees believe that it is critical that the Department of 
     Justice take a systemic approach to resource requests and 
     subsequent allocations. With that in mind, the conferees 
     direct the Government Accountability Office to initiate a 
     review of the Department of Justice resource planning and 
     allocation processes, with particular emphasis on consistency 
     of resource allocation within the operating year with 
     national law enforcement priorities, in particular the 
     counterterrorism and counterintelligence priorities, 
     articulated by the Administration and supported by the 
     Committees on Appropriations.
       The conference agreement adopts by reference the House 
     report language concerning fast track programs and directs 
     the Department of Justice to submit a report within 45 days 
     of enactment of this Act providing a list of the fast track 
     programs operating throughout the country, and an estimate of 
     the resources the Department of Justice saves and the costs 
     that are avoided by these programs. The report shall also 
     discuss opportunities to expand fast track programs to other 
     districts.
       The conferees believe that the Department of Justice needs 
     to coordinate its efforts to address gang-related crimes. The 
     Department of Justice is directed to submit a report to the 
     Committees on Appropriations no later than 30 days after 
     enactment of this Act on how the Department is addressing 
     gang issues throughout the country.
       The conference agreement adopts by reference the House 
     report language concerning the establishment of an 
     international law enforcement alliance.
       Office of Privacy and Civil Liberties.--The conference 
     agreement includes not less than $690,000 for the salaries 
     and benefits of this office including funding for 2 
     additional professional staff positions. The conference 
     agreement adopts by reference the House report language 
     requiring the submission of a report detailing the specific 
     responsibilities and authorities of the Office of Privacy and 
     Civil Liberties within 30 days of enactment of this Act. In 
     addition, the Department of Justice shall report to the 
     Committees on Appropriations annually on the activities of 
     this office.
       Debt Collection.--The Government Accountability Office 
     recently found that outstanding criminal debt as reported by 
     the Department of Justice totaled about $25,000,000,000 as of 
     September 30, 2002, almost double the amount reported by 
     Justice 3 years earlier. Moreover, the Department of Justice 
     reported collecting only about $800,000,000 of criminal debt 
     for fiscal year 2002.
       In view of the increase in reported outstanding criminal 
     debt and low collections of

[[Page H10427]]

     such debt, the conferees are concerned that the Department of 
     Justice along with other agencies still has not taken action 
     to develop a strategic plan for improving criminal debt 
     collection. The conferees understand one of the reasons for 
     this outstanding criminal debt is that the Mandatory Victims 
     Restitution Act of 1996 makes restitution mandatory in all 
     violent crimes and most property crimes regardless of a 
     defendant's ability to pay. Nevertheless, there appears to be 
     criminal debt that may be collectible.
       To address the large balances of outstanding criminal debt, 
     the conferees direct the Attorney General to establish a task 
     force within 90 days of enactment of this Act that includes 
     other Federal agencies, including, but not limited to, the 
     Department of the Treasury, the Office of Management and 
     Budget, and the Administrative Office of the U.S. Courts, to 
     participate in the task force. Led by the Department of 
     Justice, the task force will be responsible for developing a 
     strategic plan for improving criminal debt collection. The 
     strategic plan shall include specific approaches for better 
     managing, accounting for, reporting, and collecting criminal 
     debt. Specifically, the plan shall include steps that can be 
     taken to better and more promptly identify all collectible 
     criminal debt so that a meaningful allowance for 
     uncollectable criminal debt can be reported and used for 
     measuring debt collection performance. The conferees 
     direct the Attorney General to report to the Committees on 
     Appropriations within 180 days of enactment of this Act on 
     the activities of the task force and the development of a 
     strategic plan.
       Fugitive Apprehension.--In an October 19, 2004, report, the 
     Department of Justice acknowledges that ``the United States 
     Marshals Service is the federal government's primary agency 
     for apprehending fugitives''. While the Department does not 
     recommend transferring fugitive apprehension activities to 
     the USMS to ensure continued departmental management 
     flexibility, it recognizes that USMS fugitive efforts free up 
     resources for other Federal law enforcement agencies to focus 
     on their core missions. For example, the report states that 
     for the past 15 years, the USMS has been responsible for the 
     apprehension of many DEA fugitives, leaving DEA agents free 
     to develop new drug crime cases.
       The conferees are aware that the USMS arrest statistics far 
     exceed other Federal law enforcement agencies. The conferees 
     also understand that the statistical success, in terms of the 
     number of Federal, state, and local warrants closed, has 
     coincided with the on-going development of the regional 
     fugitive task forces, showing a benefit of linking 
     performance with budget. While the conferees recognize the 
     Department's desire not to consolidate fugitive apprehension 
     activities under one component, the conferees strongly urge 
     the Department to update its 1988 memorandum of understanding 
     to provide greater latitude for the USMS and to promote 
     greater inter-agency cooperation. The conferees commend the 
     USMS, DEA, Interpol, and ATF in its continuing efforts to 
     coordinate investigations.

                     Joint Automated Booking System

       The conference agreement includes $20,185,000 for the 
     continued operation of the Joint Automated Booking System 
     (JABS), as proposed by the Senate, instead of $20,000,000 as 
     proposed by the House.

    Automated Biometric Identification System/Integrated Automated 
                   Fingerprint Identification System

       The conference agreement includes $5,054,000 for this 
     account, as provided by the House and Senate.
       The conferees are troubled by the security gap on the 
     nation's borders caused by delays in linking the Automated 
     Biometrics Identification System (IDENT), the fingerprint 
     database managed by Customs and Border Protection (CBP) and 
     US Visitor and Immigrant Status Indicator Technology (US-
     VISIT), with criminal history data contained in the Federal 
     Bureau of Investigation's Integrated Automated Fingerprint 
     Identification System (IAFIS). The conferees understand that 
     by the end of calendar year 2004, interoperability will exist 
     at airports, seaports, and the largest and busiest Border 
     Patrol stations and land ports of entry. CBP and Immigration 
     and Customs Enforcement (ICE) locations will not be completed 
     until December 31, 2005. With implementation of a new visa 
     tracking system and enrollment of millions of visitors into 
     US-VISIT, it is essential that the Federal Bureau of 
     Investigation (FBI) collaborate with the Directorate of 
     Border and Transportation Security to ensure that IDENT and 
     US-VISIT can retrieve, in real time, biometric information 
     contained in the IAFIS database, and that the IAFIS database 
     can retrieve, in real time, biometric information contained 
     in IDENT and US-VISIT.
       The conferees direct the Department of Justice and the 
     Department of State, in coordination with the Under Secretary 
     for Border and Transportation Security (BTS), to report, not 
     later than 90 days after enactment of this Act, on the status 
     of efforts to achieve real time interoperability between 
     these systems, including steps the Departments will take to 
     integrate IAFIS into IDENT and US-VISIT, funds needed, and a 
     timetable for full interoperability of these systems. This 
     report should address the recommendations from the March, 
     2004, Department of Justice Inspector General report, which 
     documented the need to integrate existing biometric 
     databases.

                   Legal Activities Office Automation

       The conference agreement provides $40,510,000 for this 
     account, which is equal to the amended budget request. The 
     conferees support additional funding for this program through 
     the recovery of obligated but unexpended funds transferred to 
     the Working Capital Fund, or through other sources, subject 
     to section 605 of this Act.

                       Narrowband Communications

       The conference agreement includes $100,000,000 for 
     Narrowband Communications, as proposed by the House, instead 
     of $68,021,000 as proposed by the Senate.

                   Administrative Review and Appeals

       The conference agreement includes $203,965,000 for this 
     account, instead of $202,518,000 as proposed by the House and 
     $205,411,000 as proposed by the Senate. The funding level 
     provides for the annualization costs associated with filling 
     immigration judge vacancies.
       It is the conferees' understanding that the Executive 
     Office for Immigration Review (EOIR) has issued interim 
     procedural guidelines for the adjudication of unaccompanied 
     alien children's cases before immigration judges. The 
     conferees commend EOIR for this initiative. The conferees 
     further urge EOIR to dedicate resources from its 
     appropriation to developing and implementing policies and 
     procedural guidelines as well as training programs for judges 
     and pro bono attorneys in this area in order to protect the 
     children's due process rights under the Immigration and 
     Nationality Act--including their right to apply for forms of 
     relief from removal--and to further their access to pro bono 
     representation rights, due process and relief under the 
     Immigration and Nationality Act.

                           Detention Trustee

       The conference agreement includes $885,994,000 for the 
     Detention Trustee, as proposed by the Senate, instead of 
     $938,810,000 as proposed by the House. The conferees are 
     aware that the Trustee has made progress in refining the 
     detention forecasting model, which will provide better 
     projections for this account, and the conferees encourage the 
     much-needed work to continue. The conferees believe that the 
     Trustee should review the entire Federal detention process 
     from commencement to incarceration to identify greater 
     efficiencies in operations. The conferees anticipate that 
     these efforts will result in cost savings. When the Trustee 
     can provide assurance of the funding needs for this account, 
     the Committees will consider options for providing additional 
     resources. The conferees also direct the Attorney General to 
     ensure that the Department's entire law enforcement agenda, 
     including its prosecutorial policies and detention resources, 
     is thoroughly considered when determining the future funding 
     needs for this account.
       The conference agreement incorporates by reference Senate 
     report language that prohibits any construction, planning, 
     support, or contracting of new detention facilities and 
     directs the Detention Trustee to withdraw any solicitations 
     for such activities.
       The Justice Prisoner and Alien Transportation System 
     (JPATS) has become an increasingly complex system, in part 
     because its biggest user is now Immigration and Customs 
     Enforcement within the Department of Homeland Security. The 
     conferees expect that the United States Marshals Service will 
     continue to operate JPATS, but believe the Federal Detention 
     Trustee, as an independent entity that oversees detention 
     issues for the Department, must play a heightened role with 
     this program. The conferees therefore direct the Trustee to 
     address immediate and long-term planning, management, and 
     policy issues with JPATS, with the goal of improving 
     efficiencies and ensuring equality among participating 
     agencies, and to submit a report on those efforts to the 
     Committees on Appropriations, no later than May 31, 2005.

                      Office of Inspector General

       The conference agreement includes $63,813,000 for the 
     Office of Inspector General, as proposed by the House, 
     instead of $63,187,000 as proposed by the Senate.

                    United States Parole Commission


                         salaries and expenses

       The conference agreement includes $10,638,000 for the 
     United States Parole Commission, as proposed by the Senate, 
     instead of $10,650,000 as proposed by the House. The 
     conferees adopt by reference House language regarding a study 
     required under Public Law 107-273.


                            Legal Activities

            salaries and expenses, general legal activities

       The conference agreement includes $634,193,000 for General 
     Legal Activities, instead of $639,314,000 as proposed by the 
     House and $623,364,000 as proposed by the Senate. The 
     distribution of funding provided is as follows:


                        General legal activities

                       [In thousands of dollars]

                                                     2005 appropriation
Office of the Solicitor General..................................$8,245
Tax Division.....................................................81,399
Criminal Division...............................................137,177
Civil Division..................................................188,754
Environment and Natural Resources Division.......................90,856
Office of Legal Counsel...........................................5,858
Civil Rights Division...........................................109,141
Interpol USNCB...................................................12,426
Office of Dispute Resolution........................................337
                                                       ________________
                                                       
    Total.......................................................634,193


[[Page H10428]]


       The funding provided is equal to the requested current 
     services level less requested program reductions for the 
     Department of Justice's litigating divisions. The conferees 
     understand the Department has reviewed the allocation of 
     attorneys between headquarters and the field. The conferees 
     further understand that the Department believes that 59 
     attorney positions should be realigned from headquarters 
     litigating divisions to those U.S. Attorney Offices that have 
     a critical shortage of attorney resources to address priority 
     areas such as counter-terrorism, drugs, violent crime, 
     corporate fraud, and immigration. The conferees applaud the 
     Department's efforts to allocate attorney positions to where 
     they can be most productive. The conferees understand this 
     will be a multi-year effort and, therefore, have not provided 
     any of the increases in attorney positions for the litigating 
     divisions at this time. Within the level of funding provided, 
     the conferees expect attorney resources to be provided to the 
     Department's highest priorities, including counterterrorism, 
     violent crime and corporate fraud.
       The conferees direct the Attorney General to submit a 
     detailed study to the Committees on Appropriations, not later 
     than January 3, 2005, providing the criteria the Department 
     would use to determine which litigating division positions 
     would be reallocated to the field; the criteria that would be 
     used to determine which U.S. Attorney Offices would be 
     allocated additional positions; and a crosswalk showing the 
     proposed allocation of attorney positions from each legal 
     division to each district.
       The conference agreement fully funds the Civil Rights 
     Division's efforts to combat human trafficking and the 
     conferees expect the Department of Justice to continue 
     submitting yearly updates regarding efforts to address human 
     trafficking.
       The conferees expect the Department of Justice to submit a 
     reprogramming for costs associated with continuing tobacco 
     and other litigation activities, should funding be warranted.
       The conferees are aware that the parties to Irvin Rosner, 
     et al., v. United States of America have agreed to mediation 
     and to the selection of a mediator. Given that this case 
     involves elderly Holocaust survivors, the conferees believe 
     that the Department of Justice should proceed with this 
     mediation in a compassionate and expeditious manner in order 
     to reach a fair resolution.
       The conferees direct the Department of Justice to submit a 
     report to the Committees on Appropriations not later than 
     April 10, 2005, on proposals to leverage the United States 
     National Central Bureau's network as a means to effectively 
     share national security related information with State and 
     local law enforcement agencies.


               the national childhood vaccine injury act

       The conference agreement includes a reimbursement of 
     $6,333,000 from the Vaccine Injury Compensation Trust Fund to 
     the Department of Justice, as proposed by both the House and 
     the Senate.


               Salaries And Expenses, Antitrust Division

       The conference agreement includes $138,763,000 for the 
     Antitrust Division, which is the same as proposed by the 
     Senate, instead of $135,463,000 as proposed by the House. The 
     conference agreement incorporates by reference Senate report 
     language regarding additional resources.


             Salaries and Expenses, United States Attorneys

       The conference agreement includes $1,547,519,000 for the 
     United States Attorneys instead of $1,535,000,000 as proposed 
     by the House and $1,532,154,000 as proposed by the Senate.
       The conference agreement includes a program increase of 
     $5,762,000 for 66 additional positions, including 44 
     attorneys, for additional terrorism and criminal 
     prosecutions. The conference agreement also includes an 
     additional $3,029,000 for 32 additional positions, including 
     25 attorneys, to address gang-related crimes.
       Project Seahawk.--The conference agreement includes 
     $5,000,000 for the continuation of Project Seahawk, a pilot 
     project to enhance intermodal security and law enforcement 
     within our Nation's coastal cities. The pilot will provide a 
     national model for cities that experience heavy volumes of 
     intermodal traffic by establishing a streamlined process to 
     address criminal activity that may compromise or impede the 
     movement of intermodal traffic within the U.S. Project 
     Seahawk shall continue to be coordinated under the U.S. 
     Attorneys and include Federal, State, and local law 
     enforcement.
       Legal Education.--The conference agreement provides 
     $18,266,000 for legal education and distance learning at the 
     National Advocacy Center (NAC). NAC State and local training 
     funds are provided under the Office of Justice Programs.
       Violent Crime Task Forces.--The conference agreement 
     includes $1,500,000 to continue and expand task force 
     activities associated with Operation Streetsweeper.
       The conference agreement adopts by reference the House and 
     Senate language providing $10,000,000 for cybercrime and 
     intellectual property enforcement and requiring the 
     submission of a report by April 30, 2005, on the number, 
     types, and locations of copyright prosecutions undertaken 
     during the previous fiscal year.
       The conference agreement adopts by reference the House 
     report language concerning public corruption.

                   United States Trustee System Fund

       The conference agreement includes $173,602,000 for this 
     account, instead of $172,850,000 as proposed by the House and 
     $174,355,000 as proposed by the Senate. The conferees support 
     the requested information technology enhancements and expect 
     the Trustees to fund the request to the maximum extent 
     possible. The conference agreement incorporates by reference 
     the Senate report language directing the Trustees to consult 
     with the Department's Chief Information Officer before 
     obligating its information technology funds. The conference 
     agreement includes not less than $750,000 for the Bankruptcy 
     Training Center at the National Advocacy Center in support of 
     the Trustees' continuing education program.


      Salaries and expenses, foreign claims settlement commission

       The conference agreement includes $1,220,000 for this 
     account, as proposed by both the House and Senate.

                     United States Marshals Service


                         Salaries And Expenses

       The conference agreement includes $751,985,000 for the 
     United States Marshals Service (USMS), instead of 
     $752,070,000 as proposed by the House and $744,725,000 as 
     proposed by the Senate. The conference agreement provides 
     funding for USMS construction under a separate heading, as 
     proposed by the House. The conference agreement includes the 
     base reductions and streamlining efficiencies included in the 
     budget request.
       The conference agreement incorporates by reference the 
     Senate report language regarding submission of a spending 
     plan and the timely release of funds to programs.
       The conferees are pleased that the USMS has made a 
     concerted effort to fill critically-needed supervisory deputy 
     marshal positions in the districts; boosted its on-board 
     staffing levels throughout the agency; allocated positions 
     based on performance; addressed its information technology 
     infrastructure weaknesses; and improved its overall financial 
     management practices. In many areas, the USMS has 
     demonstrated marked improvements and is urged to continue 
     these practices.
       Protection of the Judicial Process.--The conference 
     agreement includes the requested increase of $8,897,000 and 
     94 positions to enhance protection of the Federal Judiciary. 
     When determining resource allocations, the USMS should be 
     mindful of the recent recommendations of the Department's 
     Inspector General.
       Witness Security.--The conference agreement includes the 
     requested increase of $1,922,000 and 15 positions for the 
     witness security program.
       Information Technology.--The conference agreement includes 
     the requested increase of $478,000 and 5 positions to meet 
     information technology (IT) requirements. The conferees 
     direct the USMS to submit a report to the Committees on 
     Appropriations, no later than March 17, 2005, on IT needs 
     throughout the USMS and a plan to address those needs, 
     including funding requirements.
       Central Courthouse Management Group.--The conference 
     agreement provides $4,226,000 for the Central Courthouse 
     Management Group (CCMG), including $3,968,000 in base 
     resources for 34 existing CCMG positions, two restored 
     positions, and an additional $258,000 for three new CCMG 
     positions, of which two shall be GS-14 positions.
       Courthouse Security Equipment.--The conference agreement 
     provides a program increase of $5,050,000, for a total of 
     $11,580,000, for preventive maintenance and repair of 
     courthouse security equipment to be allocated to the USMS's 
     highest priority needs. The conference agreement incorporates 
     by reference Senate report language directing the USMS to 
     report to the Committees on Appropriations within 30 days of 
     enactment of this Act on the allocation of this funding. The 
     conferees expect no less than this amount to recur in future 
     budget submissions to address the courthouse security 
     equipment needs of the USMS.
       Regional Fugitive Task Forces.--The conference agreement 
     provides $17,988,000 for the Regional Fugitive Task Forces 
     (RFTF), which includes base resources for the 38 existing 
     RFTF positions, and an additional $2,439,000 for 17 new 
     positions to staff these task forces, including supervisory 
     personnel. Available resources can also be used for the 
     district-managed task forces.
       Technical Operations Group.--The conference agreement 
     provides $17,216,000 for the Technical Operations Group 
     (TOG), which includes base resources for the 50 existing TOG 
     positions, an additional $632,000 for three restored 
     positions and one new position, and an additional $2,000,000 
     for non-personnel expenses.
       International Fugitives.--The conference agreement provides 
     $4,459,000 for the International Fugitive Apprehension 
     Program, which includes base resources for the four existing 
     international positions and an additional $1,086,000 for 
     three new GS-13 deputies at the existing foreign offices. The 
     conferees also direct the USMS to submit a five-year plan for 
     this program, including a time-line and cost estimate to open 
     additional international offices that are critical to the 
     USMS fugitive apprehension mission.
       Analytical Support Unit.--The conference agreement provides 
     $3,835,000 in base resources for the Analytical Support Unit 
     (ASU), including $1,069,000 for eight existing positions and 
     $2,766,000 (excluding a $500,000

[[Page H10429]]

     transfer from the Justice Detainee Information System) to 
     improve and maintain the Warrant Information Network and to 
     continue subscriptions to various government and private 
     networks and on-line services.
       Special Operations Group.--The conference agreement 
     provides $2,835,000 in base resources for the Special 
     Operations Group (SOG), which includes funding for the 11 
     existing SOG positions. In addition, the conferees direct the 
     USMS to transfer the funding, duties, and personnel of the 
     Hazardous Response Unit (HRU) to SOG, and to submit a report 
     to the Committees on Appropriations no later than April 5, 
     2005, on any additional personnel and funding requirements 
     that will accompany the HRU transfer, as well as on the 
     proper location of such transferred personnel.
       Vehicles.--The conferees commend the USMS on its efforts to 
     modernize its vehicle infrastructure. Over the last three 
     years, the conferees have included funding for the USMS to 
     replace older vehicles and recognize that under the new 
     vehicle allocation formula, older vehicles are excessed when 
     new vehicles are allocated. Districts no longer are allowed 
     to expand their fleets by keeping vehicles well beyond their 
     useful lifecycle. The conferees expect this trend to continue 
     and for the USMS to continue modernizing its fleet.


                              Construction

       The conference agreement includes $5,734,000 for this 
     account, instead of $1,371,000 as proposed by the House. The 
     Senate provided funding for construction in the salaries and 
     expenses account. These funds shall be allocated to the 
     USMS's highest priority construction needs. The conference 
     agreement incorporates by reference the Senate report 
     language directing the USMS to report to the Committees on 
     Appropriations within 30 days of enactment of this Act on the 
     allocation of funding for this program. To the extent that 
     slippages occur throughout the year, however, other priority 
     projects can be undertaken. The conferees expect no less than 
     this amount to recur in future budget submissions to address 
     the construction needs of the USMS.


                     fees and expenses of witnesses

       The conference agreement includes $177,585,000 for Fees and 
     Expenses of Witnesses, as proposed by both the House and the 
     Senate.


           Salaries and expenses, Community Relations Service

       The conference agreement includes $9,664,000 for the 
     Community Relations Service, instead of $9,833,000 as 
     proposed by the House and $9,494,000 as proposed by the 
     Senate.


                         Assets Forfeiture Fund

       The conference agreement includes $21,759,000 for the 
     Assets Forfeiture Fund, as proposed by both the House and the 
     Senate.


         Payment to Radiation Exposure Compensation Trust Fund

       The conference agreement includes $27,800,000 for this 
     account, instead of $72,000,000 as proposed by the House. The 
     conferees understand that $27,800,000 will fully fund the 
     Department of Justice's current estimate of payments for 
     eligible claimants through fiscal year 2005.

                      Interagency Law Enforcement


                 Interagency Crime and Drug Enforcement

       The conference agreement provides $561,033,000 for this 
     account, as proposed by the House, instead of $295,409,000 as 
     proposed by the Senate. The conference agreement does not 
     adopt the Senate proposal to move management of this program 
     to the Director of the Executive Office of the United States 
     Attorneys. The conference agreement provides the following 
     amounts to reimburse Federal agencies for their costs to 
     participate in these task forces:


                        Reimbursement by Agency

                         [Dollars in thousands]

                                                                 Amount
Department of Justice Agencies:
  Drug Enforcement Administration..............................$191,112
  Federal Bureau of Investigation...............................135,859
  United States Marshals Service..................................6,431
  Bureau of Alcohol, Tobacco, Firearms and Explosives............11,228
  United States Attorneys.......................................118,083
  Criminal Division...............................................2,941
  Tax Division......................................................975
  Administrative Office...........................................5,565
Non-Justice Agencies:
  Internal Revenue Services......................................54,643
  United States Immigration and Customs Enforcement..............33,589
  Coast Guard.......................................................607
                                                       ________________
                                                       
    Total......................................................$561,033

       The conference agreement provides the following increases: 
     $6,113,000 for adjustments to base; $14,623,000 for 172 
     additional U.S. Attorney positions; $4,320,000 for 14 
     additional U.S. Marshals Service positions; $6,344,000 and 60 
     positions for the Drug Intelligence Fusion Center; and 
     $13,240,000 for the Drug Enforcement Administration including 
     $10,465,000 for 79 additional positions and $2,775,000 for 
     additional operational costs.
       The conferees note that the Administration chose not to 
     comply with the direction provided in the fiscal year 2004 
     Conference Report that participation of the Departments of 
     Homeland Security and Treasury should not be included in the 
     Department of Justice budget request. The participation of 
     these entities should be budgeted by those respective 
     departments. While the conferees are aware of the critical 
     role of the Departments of Homeland Security and Treasury, 
     the conference agreement is unable to fully fund the request 
     for the Internal Revenue Service (IRS) and United States 
     Immigration and Customs Enforcement (ICE) while meeting the 
     resource needs of the Department of Justice. The conferees 
     understand that carryover balances from fiscal year 2004 are 
     available in fiscal year 2005. These balances may be 
     utilized, through the regular reprogramming process under 
     section 605 of this Act, to provide additional funding to IRS 
     and ICE if warranted.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       The conference agreement provides $5,205,028,000 for the 
     Federal Bureau of Investigation Salaries and Expenses account 
     as proposed by the House, instead of $4,990,728,000 as 
     proposed by the Senate. The conference agreement funds the 
     Foreign Terrorist Tracking Task Force, the Terrorist 
     Screening Center, and the FBI's costs associated with the 
     Terrorist Threat Integration Center under this heading as 
     proposed by the House, instead of under a separate heading as 
     proposed by the Senate. Construction costs are funded under a 
     separate heading as proposed by the House.
       Directorate of Intelligence.--The conference agreement 
     adopts the House report language establishing a Directorate 
     of Intelligence. The conferees applaud the improvements the 
     FBI has made in transforming itself from an agency whose 
     primary mission was to investigate traditional crimes, to an 
     agency whose top priority is to prevent terrorism. However, 
     more institutional changes are needed for the FBI's 
     intelligence program, a critical component of an effective 
     terrorism prevention strategy. Toward that end, the 
     conference agreement adopts the House report language 
     directing the FBI to create a new Directorate of 
     Intelligence, led by the Executive Assistant Director for 
     Intelligence. This new directorate shall have broad and clear 
     authority over intelligence-related functions. The need for 
     effective intelligence capabilities cuts across all FBI 
     programs including the counterterrorism, counterintelligence, 
     criminal and cyber crime programs. This new directorate will 
     ensure that intelligence is shared across these programs, 
     eliminate information stove-piping, and allow the FBI to 
     quickly adapt as threats change. The new directorate will 
     have responsibility for operational elements including those 
     of the Office of Intelligence, the FBI's Terrorist Threat 
     Integration Center participation, the Foreign Terrorist 
     Tracking Task Force, and the Terrorist Screening Center. It 
     will also include programmatic elements representing analyst 
     and administrative components across the FBI, such as 
     training, recruitment, information technology, and security. 
     This directorate shall be responsible for enhancing the FBI's 
     ability to recruit and retain the highest quality 
     intelligence staff, including attracting individuals with 
     educational and professional backgrounds in intelligence, 
     international relations, language, technology and other 
     relevant skills. It shall also work to improve the FBI's 
     capability to share intelligence, not only within the Bureau 
     and the Intelligence Community, but also with State and local 
     law enforcement. Further, it shall ensure that intelligence-
     related performance criteria are in place for agents and 
     analysts, and develop a process for agents to receive a 
     formal Intelligence Officer Certification. The FBI is 
     directed to submit quarterly reports updating the Committees 
     on Appropriations on the continued transformation, including 
     the FBI's efforts to ensure that the priorities and 
     operations in all of the Bureau's field offices and resident 
     agencies match national priorities.
       The conferees note that the 9/11 Commission Report endorsed 
     many of the intelligence reforms proposed in the House bill. 
     The conferees appreciate the assistance the Government 
     Accountability Office, the National Academy of Public 
     Administration, and the Congressional Research Service have 
     provided to the Committees on Appropriations in reviewing the 
     FBI's operations and making recommendations to improve the 
     Bureau. The conferees expect the FBI to continue to work with 
     these organizations and others in fiscal year 2005 to review 
     and improve their operations.
       Budget Structure.--The conference agreement adopts the 
     budget decision unit structure proposed by the House. The 
     conferees note that this identical budget structure was 
     recommended by the 9/11 Commission. The new budget structure 
     will align the FBI's budget with its organizational structure 
     by collapsing the ten budget decision units used in previous 
     years to four decision units. There will be a decision unit 
     for each Executive Assistant Director (EAD) with the 
     exception of the EAD for Administration. The costs associated 
     with program administration will be spread to the four other 
     decision units in order to capture the full costs of each 
     program. This new decision unit structure will not only 
     empower the new Director of Intelligence, but will enhance 
     the ability of the EADs for Counterterrorism and 
     Counterintelligence, Criminal, and Criminal Justice Services 
     to manage their programs by

[[Page H10430]]

     unifying their budgets. The following distribution represents 
     the conference agreement. The conferees remind the FBI that 
     changes in this distribution are subject to the reprogramming 
     requirements of section 605 of this Act.

                                            FBI SALARIES AND EXPENSES
                                             [Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
                          Decision unit                                 POS             FTE           Amount
----------------------------------------------------------------------------------------------------------------
Intelligence....................................................           4,703           4,291        $792,033
Counterterrorism and Counterintelligence........................          10,549          10,268       1,979,378
Criminal........................................................          12,852          12,578       2,156,421
Criminal Justice Services.......................................           1,935           1,945         277,196
                                                                 -----------------------------------------------
      Total.....................................................          30,039          29,082       5,205,028
----------------------------------------------------------------------------------------------------------------

       The recommendation includes increases of $204,515,000 for 
     adjustments to base to support the current operating level. 
     The recommendation includes the following program increases 
     as requested: $13,400,000 and 151 positions for the Office of 
     Intelligence; $14,307,000 and 89 intelligence and 
     counterterrorism positions for headquarters program support; 
     $45,954,000 and 259 positions for counterterrorism field 
     investigations; $12,838,000 and 86 positions for language 
     services; $11,155,000 and 14 positions for legal attache, 
     offices in Beirut, Lebanon; Baghdad, Iraq; Dakar, Senegal; 
     Kuwait City, Kuwait; and Cape Town, South Africa; $9,000,000 
     for the Chemical, Biological and Radiological Forensic 
     Analysis Counterterrorism Program; $29,000,000 for the 
     operational costs of the Terrorist Screening Center; 
     $35,470,000 for the relocation of portions of the 
     Counterterrorism Division to the Hazel-Peterson Building; 
     $63,754,000 and 294 positions for the counterintelligence 
     program; $58,257,000 and 188 positions for cyber 
     investigations including $3,000,000 for Innocent Images; 
     $46,508,000 and 65 positions for information and physical 
     security improvements; $20,000,000 for technology investments 
     including $12,000,000 for TS/SCI LAN field installations and 
     $8,000,000 for enterprise architecture activities; 
     $16,000,000 and 12 positions to support the integration of 
     IDENT/IAFIS; $1,785,000 and 10 positions to support the 
     Criminal Division's Child Exploitation and Obscenity Section; 
     $1,831,000 and 16 positions for the Lost Innocence National 
     Initiative to address the problem of children forced into 
     prostitution; $1,213,000 and 8 positions for corporate fraud 
     cases; $1,170,000 for forensic costs associated with Indian 
     Country and the National Backstopping Program; and 
     $21,309,000 for renovations at the FBI Academy.
       In addition, the conference agreement includes the 
     following increases above the request: $5,000,000 for the 
     National Security Support Capability program; $2,750,000 and 
     27 positions for the Indian Country Unit to investigate 
     crimes in Indian Country, including violent crimes against 
     Native Americans, gang violence, and crimes related to Indian 
     gaming; $2,085,000 to establish a legal attache office in 
     West Africa; $10,000,000 and 78 positions to combat gang-
     related crime; $10,000,000 for enhanced training programs; 
     $30,000,000 to fund additional recruitment and retention 
     programs; $20,500,000 to accelerate the expansion of secure 
     facilities in FBI field offices; $8,500,000 for the 
     acquisition of helicopters and related equipment; and 
     $5,000,000 for the Investigative Technology Division for 
     research and development of emerging technologies.
       Training.--The conference agreement adopts the House report 
     language regarding training. The conferees direct the FBI to 
     continue to expand its training opportunities and the 
     capabilities of the College of Analytical Studies to ensure 
     that agents and analysts are receiving the highest quality 
     intelligence, counterterrorism and counterintelligence 
     training available. These training programs should include: 
     joint training sessions with other members of the 
     Intelligence Community; opportunities for an academic 
     sabbatical to pursue an advanced degree; sending staff to the 
     Department of State's Foreign Service Institute; and creation 
     of a fellows program to exchange staff with other Federal 
     agencies and the private sector. In addition, the conferees 
     expect the FBI to expand both its basic intelligence analyst 
     course and its advanced intelligence training courses offered 
     at the College of Analytical Studies. The FBI shall also 
     consider offering intelligence classes to other Federal law 
     enforcement agencies, where appropriate. For example, the 
     conferees believe it would be beneficial for corrections 
     intelligence staff in the Federal Prison System to receive 
     specialized training to recognize and thwart the introduction 
     of violent ideology and extremism in Federal prisons. The 
     recommendation provides $10,000,000 above the request to 
     implement these enhanced training programs. In determining 
     its future staffing needs, the FBI shall take into account 
     the staff time associated with training and development 
     programs.
       Gangs.--The conference agreement adopts the House report 
     language regarding the spread of violent gangs throughout the 
     country. In order to address this problem, the conference 
     agreement provides $1,754,000 for the establishment of a 
     National Gang Intelligence Center that will integrate the 
     assets of the FBI, the Bureau of Alcohol, Tobacco, Firearms 
     and Explosives, and other affected Federal agencies to serve 
     as a ``clearinghouse'' and information management mechanism 
     for gang intelligence on a national and international scope. 
     In addition, the recommendation provides $8,246,000 for 
     additional agents, analysts and support staff to address the 
     most violent gangs throughout the country.
       Offsets.--The conference agreement does not adopt the 
     proposed $35,000,000 offset in fees to State and local law 
     enforcement for forensic services. The conferees are 
     disappointed that the Administration is proposing to provide 
     funding increases for Federal law enforcement by increasing 
     the financial burden on State and local law enforcement. The 
     conferees expect the FBI to absorb this proposed $35,000,000 
     offset within existing funds. The conference agreement also 
     does not adopt the proposed $3,000,000 reduction to the 
     Criminal Justice Information Services Information Management 
     Accounts.
       Retention and Recruitment.--The conferees understand that 
     the FBI is having difficulty retaining certain staff in 
     critical senior management positions and other specialized 
     positions. For example, since September 11, 2001, the 
     attrition rate for intelligence analysts has exceeded 10 
     percent. The conferees understand that other agencies in the 
     Intelligence Community have more flexible pay and benefit 
     authorities than the FBI and consequently are able to recruit 
     talented staff from the FBI. The conferees further understand 
     that many FBI employees living in high cost areas are 
     experiencing financial hardships. The conferees are concerned 
     that this financial hardship could eventually have a negative 
     impact on FBI agent and staff performance. This is 
     particularly troubling given that high cost areas are the 
     most likely targets for a terrorist attack. In order to 
     address these concerns, the conference agreement includes 
     section 113 and section 115. These provisions are identical 
     to those included in the House bill.
       Section 113 provides the Director with the authority, after 
     consultation with the Office of Personnel Management (OPM), 
     to provide retention and relocation bonuses to employees with 
     high or unique qualifications who, in the absence of a bonus, 
     would likely leave the FBI. The provision also allows for 
     retention and relocation bonuses for individuals transferred 
     to a different geographic area with a higher cost of living. 
     A bonus may total up to 50 percent of an employee's basic 
     rate of pay.
       Section 115 authorizes the FBI, in conjunction with the 
     Office of Management and Budget and OPM, to pay critical 
     intelligence positions up to an Executive Schedule I salary 
     provided that the position is determined to be: (1) a high 
     level position in a scientific, technical, professional, or 
     administrative field; and (2) critical to the FBI's mission.
       These provisions are included to allow the FBI to begin 
     enhancing its personnel capabilities in order to thwart 
     terrorism. These provisions will also improve the FBI's 
     ability to compete with other Intelligence Community agencies 
     for high quality employees. The conference agreement provides 
     $30,000,000 above the request to implement these new 
     retention and recruitment authorities.
       Within the level of funding provided, the conferees also 
     expect the FBI to expand the number of employees 
     participating in the FBI's Student Loan Repayment Program.
       Mandatory Separation.--The conference agreement includes 
     section 112, as proposed by the House. This provision 
     empowers the Director to, on a case-by-case basis, delay the 
     mandatory retirement age of 57 for FBI agents until the agent 
     reaches 65 years of age. Currently, the Director is 
     authorized to delay mandatory retirement until an agent 
     reaches 60 years of age. This provision does not require 
     agents to work past the age of 57, but gives the Director the 
     authority to extend agents until the age of 65 in certain 
     circumstances. This provision provides the FBI with 
     additional discretion and flexibility to retain senior 
     managers and employees with critical technical skills beyond 
     age 60 where it is clear that the individual being retained 
     can meet all requirements, including physical requirements, 
     of the specific job being filled.
       Reserve Service.--The conference agreement includes section 
     114, as proposed by the House. This provision authorizes the 
     Director to provide for the establishment and training of an 
     FBI Reserve Service that would facilitate streamlined, 
     temporary re-hiring from a pre-certified cadre of retired FBI 
     employees who possess the specialized skills required to deal 
     with the demands of crises or other special situations. The 
     provision will allow the FBI to quickly access experienced 
     former employees in the event of an emergency, without 
     adversely impacting reserve service members' retirement pay.
       N-DEx.--The conferees are aware that this new information 
     system will allow for better tracking of corporate crime, 
     such as pollution, accounting fraud, corruption, price fixing 
     and tax evasion. The conferees encourage the FBI to work with 
     other federal agencies such as the Securities and Exchange 
     Commission, the U.S. Attorneys, and the Sentencing Commission 
     to ensure adequate data is provided on referrals for 
     prosecution and dispositions of cases. The conference 
     agreement adopts by reference the House report language 
     regarding N-DEx and the submission of a report within 180 
     days of enactment of this Act.
       Oil-for-Food.--The conferees direct the FBI to provide 
     assistance in the United Nations investigation of the ``Oil-
     for-Food'' program, if requested to do so by the Independent 
     Inquiry Committee chaired by Paul Volcker. The conferees 
     strongly support this investigation and encourage the FBI to 
     make resources available, as appropriate, to ensure its 
     successful conclusion.

[[Page H10431]]

       OPR.--The conference agreement adopts by reference the 
     House report language concerning the Office of Professional 
     Responsibility (OPR) and the submission of a report 90 days 
     from the enactment of this Act.
       Innocent Images National Initiative.--The conference 
     agreement adopts the Senate report language directing the FBI 
     to consider emerging technologies that may help prevent and 
     prosecute crimes against children and child exploitation 
     through the Internet, such as software to troll online venues 
     and record evidentiary materials.
       Terrorist Financing.--The conference agreement adopts the 
     Senate report language concerning software that seeks to 
     track financial data streams and, in real time, automatically 
     notify analysts when designated transactions occur in the 
     financial accounts of suspected terrorists. The FBI is 
     directed to evaluate such software and report back to the 
     Committees on Appropriations on its findings.
       Enterprise Architecture.--The conference agreement adopts 
     the Senate report language directing the Government 
     Accountability Office (GAO) to review the FBI's management of 
     its enterprise architecture effort, including its use of 
     effective contractual controls and its approach to contractor 
     tracking and oversight. In addition, the conferees direct GAO 
     to review whether FBI's approach to developing its enterprise 
     architecture is consistent with established best practices.
       Criminal Justice Information Services Division.--The 
     conference agreement includes $387,271,000, including fee 
     collections, for the Criminal Justice Information Services 
     Division (CJIS). The conference agreement does not adopt the 
     FBI's proposal to reduce the CJIS IT system maintenance 
     budget by $3,000,000.
       The conference agreement also includes by reference Senate 
     language prohibiting the diversion of funding collected 
     through the CJIS user fee for any purpose other than CJIS, 
     its refreshment plan, or a subsequent modernization plan for 
     the current facility. Moreover, the conferees direct that 
     $50,668,734 of Working Capital Fund balances be utilized to 
     begin design for hardware and software modernization at CJIS 
     located in Clarksburg, West Virginia. The intent is to ensure 
     that legacy systems are phased out and replaced with modern 
     equipment so that the FBI can take advantage of emerging 
     technologies, such as advances in biometrics, and ensure 
     interoperability and increased information sharing with other 
     agencies. This will also allow for dedicated development of 
     future generations of equipment at CJIS. Within 180 days of 
     enactment of this Act, the FBI is directed to submit to the 
     Committees on Appropriations a status report on the 
     modernization of the existing CJIS systems.
       Automated Biometric Identification System/Integrated 
     Automated Fingerprint Identification System (IAFIS).--The 
     conference agreement adopts the Senate report language 
     directing the Department of Justice to submit a report to the 
     Committees on Appropriations not later than April 5, 2005, on 
     the existing capacity of IAFIS, the expected impact US-VISIT 
     may have on the system, and any additional costs necessary to 
     increase IAFIS's capacity to meet that impact.
       Intellectual Property Rights.--Within the resources 
     provided for counterintelligence, not less than $5,000,000 
     shall be available to combat industrial espionage and other 
     threats to the intellectual property rights of manufacturers 
     and researchers in the United States.
       Trilogy.--The conferees have not adopted the total program 
     cost cap included by the Senate for Trilogy, including the 
     Virtual Case File (VCF), but agree that imposing discipline 
     in this program is essential. The Initial Operating 
     Capability (IOC) for VCF is expected to be completed in 
     December 2004, and will provide the following functionality: 
     import all document types; manage workflow; upload to the 
     Automated Case Support System (ACS); and interfaces through 
     ACS. The conferees recommend that the FBI commission an 
     independent study of Trilogy that evaluates the overall 
     achievements of the program, including equipment upgrades and 
     improved capabilities, identifies outstanding requirements, 
     and establishes a timeline and cost estimate to complete 
     deployment of the program. The study shall also note the 
     benefits of making VCF capabilities available to the users as 
     soon as possible.


                              construction

       The conference agreement includes $10,242,000 for FBI 
     construction as proposed by the House. The Senate funded this 
     activity under a different heading. The conference agreement 
     includes $1,242,000 for recurring construction needs and 
     provides $9,000,000 for a records management center.
       The conferees understand that consolidation of records and 
     collocation of records management personnel would achieve 
     business process efficiencies and personnel savings. It would 
     make more space available in the FBI headquarters building, 
     allowing the FBI to reduce leased space in the Washington, 
     D.C., metropolitan area, and would free up needed space in 
     the field as the number of FBI staff continues to increase. 
     The conferees understand that the FBI hired an outside 
     consultant to study potential locations for a records 
     management center using the following criteria: (1) at least 
     60 miles outside of Washington, D.C., for continuity of 
     operations; (2) away from obvious terrorist targets; (3) 
     within 250 miles of Washington, D.C.; (4) having access to 
     transportation, utilities, and communications networks; and 
     (5) availability of an educated workforce. The conferees 
     understand the FBI chose Frederick County, VA, as the most 
     ideal location to establish this center. The conferees 
     further understand that the FBI intends to lease an interim 
     facility in Frederick County while the design and 
     construction of a permanent facility is underway. The 
     recommendation includes $9,000,000 for the costs to lease, 
     equip and relocate an interim records management center in 
     Frederick County in fiscal year 2005. This records management 
     facility will not assume any personnel, projects, programs, 
     or activities being performed by the CJIS.

                    Drug Enforcement Administration


                         Salaries and Expenses

       The conference agreement includes $1,653,265,000 for the 
     Drug Enforcement Administration, instead of $1,661,503,000 as 
     proposed by the House and $1,645,027,000 as proposed by the 
     Senate.
       The recommendation provides the following increases: 
     $53,146,000 for inflationary and other costs to maintain the 
     current operating level; $14,976,000 and 165 positions for 
     priority targeting; $3,000,000 for the Special Operations 
     Division; $4,047,000 and 3 positions for investigative 
     technology support; $1,173,000 and 9 positions for computer 
     forensics support; $1,000,000 for aviation support; 
     $8,530,000 and 10 positions for the Concorde project and web 
     infrastructure; and $4,837,000 and 4 positions for the El 
     Paso Intelligence Center.
       Of the funding provided for priority targeting, $4,095,000 
     and 82 positions are for administrative support to relieve 
     agents from performing non-investigative duties. The 
     remaining positions and funding shall be available for the 
     highest priority domestic and international enforcement 
     activities.
       Decision Units.--The conference agreement adopts the Senate 
     report language regarding the consolidation of DEA's ten 
     decision units to three. The conferees direct DEA to provide 
     a spending plan by the proposed three decision units to the 
     Committees on Appropriations not less than 30 days after 
     enactment of this Act. To measure the impact of this change, 
     DEA is directed to provide quarterly reports to the 
     Committees on Appropriations of its obligations by prior year 
     as well as proposed decision units.
       Demand Reduction Activities.--The conference agreement 
     includes not less than $8,891,000 for DEA's Demand Reduction 
     activities.
       Number of Drug Agents.--Since the September 11, 2001 
     attacks, the Federal Bureau of Investigation (FBI) has 
     diverted agents from drug investigations to counterterrorism 
     and counterintelligence activities. In order to address this 
     change in FBI priorities without negatively impacting Federal 
     law enforcement's ability to combat drug crimes, the 
     conferees have provided increased funding to the DEA to 
     compensate for this change. With the additional DEA agents 
     funded in fiscal year 2005 under this heading and under the 
     Interagency Crime and Drug Enforcement heading, the total 
     combined number of DEA and FBI agents working on drug cases 
     will exceed the pre-September 11th level by 202.
       Ecstasy Interdiction.--The conferees note the progress made 
     by DEA and the Department of State against so-called ``club 
     drugs'' under the ``Roadmap'' initiative with the Belgian and 
     Dutch governments. The conferees direct the Department of 
     State and DEA to submit a report to the Committees on 
     Appropriations no later than 90 days after enactment of this 
     Act, detailing steps to be taken in the second roadmap. The 
     second roadmap should emphasize sufficient U.S. presence in 
     the Netherlands, more effective work against the export of 
     precursor chemicals, and a review of terrorist links to club 
     drug trafficking organizations.
       DEA's Role in the Intelligence Community.--The conferees 
     are aware of the direct relationship between the funding of 
     international terrorism and narcotics trafficking. The 
     conferees applaud the work of DEA personnel around the world 
     and encourage them to continue sharing critical intelligence 
     related to terrorism with other U.S. government agencies.
       Offsets.--The conference agreement assumes the 
     implementation of all of the Administration's proposed 
     offsets except the proposal to charge the District of 
     Columbia Metropolitan Police Department fees for forensic 
     evidence analysis services. The recommendation reduces 
     funding for requested program increases in order to offset 
     this proposal. The Committee is disappointed that the 
     Administration's proposal to offset funding increases is to 
     increase the funding burden on State and local law 
     enforcement.
       Operation Containment.--DEA is directed to continue to 
     provide an update on Operation Containment activities in 
     Afghanistan in May and September of 2005.
       Diversion Control Fee Account.--The conference agreement 
     includes $154,216,000 for this account, as provided by the 
     House and Senate. The conference agreement includes the 
     following program increases: $11,711,000 is to improve and 
     modernize customer service and e-commerce; $3,482,000 is for 
     the Internet Online Investigations Project and to update the 
     Controlled Substances Information System II; $659,000 is to 
     enhance DEA's ability to respond to the regulated community 
     and improve the management and financial accountability of 
     resources; and $15,773,000 supports the Drug and Chemical 
     Diversion Control Decision Unit, previously funded under 
     salaries and expenses,

[[Page H10432]]

     to simplify financial management issues and ensure a stable 
     source of funding for the program. In addition, the 
     conference agreement provides DEA with 10 additional 
     positions to implement sections 110 and 111 of this Act. The 
     Department of Justice is directed to submit quarterly reports 
     describing its efforts to address prescription drug 
     diversion.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         Salaries and Expenses

       The conference agreement provides $890,357,000 for the 
     Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as 
     proposed by the Senate instead of $870,357,000 as proposed by 
     the House.
       The conference agreement includes program increases of 
     $2,707,000 and 31 positions for additional explosives 
     investigations and regulatory compliance; $5,000,000 and 24 
     special agents to focus on gang-related investigations; and 
     $5,600,000 for the construction and establishment of the 
     Federal Firearms Licensing Center at the National Tracing 
     Center Facility.
       In addition, the conference agreement provides a $1,000,000 
     increase for the National Tracing Center Division. The 
     conferees understand that the number of trace requests, 
     particularly international trace requests, is growing 
     dramatically.
       Specialized Explosives Groups.--There has been a large 
     increase in the criminal misuse of explosives. Therefore, the 
     conference agreement includes an increase of $10,200,000 for 
     the creation and operation of four specialized explosives 
     groups. These groups shall be strategically located 
     throughout the United States based on a thorough threat and 
     workload assessment conducted by the Bureau. These groups 
     will be responsible for investigating the misuse and 
     trafficking of explosives, increasing inspection efforts for 
     high-risk explosives licensees, and increasing forensic 
     support to explosives investigations with the goal of 
     proactively preventing explosives crimes and acts of 
     terrorism.
       Conversion of Records.--The conferees recognize the need 
     for the ATF to begin converting tens of thousands of existing 
     records of out-of-business Federal firearms dealers from film 
     to digital images at the National Tracing Center. Once the 
     out-of-business records are fully converted, the search time 
     for these records will be reduced to an average of 5 minutes 
     per search from the current average of 45 minutes per search. 
     This significant time saving will ultimately reduce overall 
     costs and increase efficiency at the National Tracing Center. 
     Therefore, the conference agreement includes a $4,200,000 
     increase for the ATF to hire additional contract personnel to 
     begin this conversion.
       Access 2000 Program.--The conferees are aware that the 
     Access 2000 program was initiated by ATF to improve the 
     efficiency and reduce the costs associated with firearms 
     tracing incurred by Federal Firearms Licensees (FFLs). ATF 
     and FFL importers, manufacturers, and wholesalers form a 
     partnership in this effort. FFLs take their data from their 
     mainframe computer and import it into a stand-alone server 
     provided by the ATF. The National Tracing Center is connected 
     to this server remotely by secure dial-up and obtains 
     information on a firearm that is subject to a firearms trace. 
     The conferees support this program, which reduces the 
     administrative burdens of the FFL and allows the ATF around 
     the clock access to the records. The ATF currently has 36 
     Access 2000 partners. The conferees encourage the ATF to 
     place more emphasis on this program and expand the number of 
     partners to the greatest extent possible.
       Special Response Teams.--The conferees are aware of the 
     extremely important role Special Response Teams (SRTs) play 
     in the enforcement of our Nation's laws. The Bureau has four 
     teams throughout the United States. Due to the personnel 
     limitations within the Bureau, the four SRTs are 
     predominately made up of special agents that maintain a full 
     case load on the street and train to maintain the highly 
     specialized skills required to qualify for an SRT position. 
     The conferees laud these special agents and the extraordinary 
     dedication to the mission of the ATF they display in order to 
     ensure these teams are effective, safe, and successful. The 
     conferees also acknowledge the outstanding service the unique 
     human scent/tactical K-9 program has provided in support of 
     the Special Response Teams. The conferees urge the ATF to 
     train at least two additional K-9s so as to equip each SRT 
     with full time support.
       The conferees adopt by reference the House report language 
     concerning certain sensitive law enforcement information 
     contained in databases maintained by the ATF.

                         Federal Prison System


                         Salaries and Expenses

       The conference agreement includes $4,627,696,000 for the 
     salaries and expenses of the Federal Prison System as 
     proposed by the Senate, instead of $4,567,232,000 as proposed 
     by the House. The conferees believe that the budget request 
     was inadequate to support the requirements of the Federal 
     Prison System (FPS). The conference agreement provides an 
     amount that should be sufficient to complete or begin 
     activation of ten prisons and also continue operations at 
     existing prisons. To ensure that the FPS is able to activate 
     prisons on a two-year timeline, the conference agreement 
     includes a provision making activation funds available until 
     September 30, 2006. The conferees expect the ten new prisons 
     to be receiving inmates by the date listed in the table below 
     and have provided funding to maintain this schedule. Amounts 
     are dedicated to activate each institution as follows:

----------------------------------------------------------------------------------------------------------------
                                                    Activation      Activation      Inmate care
                   Institution                         date            costs        nationwide         Total
----------------------------------------------------------------------------------------------------------------
Victorville, CA USP.............................            1/05         $28,200          $5,836         $34,036
Hazelton, WV USP................................            1/05          37,300           5,836          43,136
Forrest City, AR facility.......................           11/04          30,000           2,918          32,918
Herlong/Sierra, CA medium camp..................            3/05          30,700           8,754          39,454
Williamsburg, SC FCI............................            9/04          38,000           1,476          39,476
Canaan, PA USP..................................            2/05          34,000           7,295          41,295
Terre Haute, IN USP.............................            3/05          26,000           8,754          34,754
Bennettsville, SC FCI...........................           12/04          32,500           4,377          36,877
Yazoo City, MS FCI..............................            2/05          26,300           7,295          33,595
Coleman, FL USP.................................            2/05          23,000           7,295          30,295
                                                                 -----------------------------------------------
                                                                         306,000          59,836         365,836
----------------------------------------------------------------------------------------------------------------

       Reprogramming Authority.--The amounts designated in the 
     table above for ``activation costs'' are intended for the 
     sole purpose of bringing these new prisons online. The 
     amounts designated in the table above for ``inmate care 
     nationwide'' represent the cost associated with the inmates 
     who will eventually be housed at the new facilities. The 
     amounts designated in the table above are to be obligated as 
     directed, and are therefore subject to the reprogramming 
     procedures established in section 605 of this Act.
       Carryover Amounts.--In addition to the amounts designated 
     in the table above, an additional $50,015,000 is available 
     from amounts carried forward from fiscal year 2004 for prison 
     activations. The conferees expect that funds for Victorville, 
     CA; Williamsburg, SC; Canaan, PA; Hazelton, WV; Herlong/
     Sierra, CA; Forrest City, AR; and Yazoo City, MS will be 
     obligated as planned. If the amounts required deviate from 
     the planned levels, the FPS should submit a reprogramming 
     notification in accordance with section 605 of this Act.
       Base Operations.--The conferees believe that the amount 
     provided for this account is sufficient to support the base 
     operational needs of the entire FPS. Within the amounts 
     provided, the conferees provide base funding of $41,000,000 
     for FCI Gilmer, West Virginia and $41,000,000 for FCI 
     Beckley, West Virginia.
       Contract Confinement.--The conference agreement includes 
     $584,948,000 for the contractual costs associated with 
     housing inmates. This amount includes $22,850,000 in 
     contracts for the National Institute of Corrections and 
     $9,400,000 for 4,500 additional low-security contract beds. 
     The conferees adopt by reference House language regarding use 
     of excess State, local, and private prison capacity to meet 
     bedspace needs, if these facilities meet FPS standards. The 
     conferees also adopt by reference Senate report language in 
     support of private sector contract confinement.
       Drug Treatment.--The conferees expect that an amount equal 
     to the fiscal year 2004 level will be provided for the 
     transitional drug treatment program.
       Joint Bureau of Prisons/Judiciary Pilot Program.--The 
     conference agreement includes a general provision supporting 
     a pilot program that will allow the Federal Public Defender 
     in the Southern District of Florida to transfer computers for 
     use by inmates reviewing electronic discovery.
       Financial Plan.--The conference agreement includes section 
     118, which requires submission of a financial plan. In 
     requiring the submission of a financial plan, the conferees 
     are mindful of the complexities of managing the budget for 
     the FPS. However, the conferees believe that such a plan is 
     justified in order to effectively carry out the oversight 
     responsibilities of the Committees on Appropriations. To 
     ensure that there is no unnecessary delay in operations of 
     the FPS, the Committees will review the proposed financial 
     plan and respond to the Department of Justice within 15 
     working days of receipt of the plan. However, submission of 
     the financial plan does not replace the requirement for 
     reprogramming notification under section 605 of the Act.
       Sexual Misconduct.--The conferees commend the FPS on its 
     work to address and prevent sexual misconduct. With funds 
     provided in earlier appropriations Acts, the National 
     Institute of Corrections has made useful progress in 
     providing training and technical support to correctional 
     systems throughout the country to eliminate staff

[[Page H10433]]

     sexual misconduct with inmates, training in investigating 
     cases, and training ``trainers'' in order that employees at 
     every level will be more aware of, and better prepared to 
     deal with, these cases. The conferees direct the FPS to 
     continue these efforts and to report to the Committee by 
     March 31, 2005, on progress made in this area.
       The conference agreement incorporates by reference House 
     report language regarding a reimbursable agreement. The 
     conference agreement incorporates by reference Senate report 
     language directing the FPS to move forward with the site 
     investigation and planning for Hazelton, West Virginia. The 
     conferees also incorporate by reference Senate report 
     language regarding female inmates and medical records.


                        buildings and facilities

       The conference agreement includes funding of $189,000,000 
     for construction, modernization, maintenance and repair of 
     prison and detention facilities housing Federal prisoners as 
     proposed by the House and the Senate. The conference 
     agreement includes section 106, which prohibits the transfer 
     of funds from this account to any other Department of Justice 
     account. The conferees continue to expect that all current 
     construction projects will proceed as planned.
       The conferees remain concerned that while the prison 
     population grows, the Department of Justice continues to 
     submit budget requests with proposed rescissions of prison 
     construction funds. The conferees reiterate previous 
     direction to discontinue this practice.


   Limitation on Administrative Expenses, federal prison industries, 
                              incorporated

       The conference agreement includes language regarding a 
     limit on administrative expenses of $3,411,000 for Federal 
     Prison Industries, Incorporated (FPI). The conferees adopt by 
     reference House report language regarding the FPI program.

                    Office on Violence Against Women


       violence against women prevention and prosecution programs

       The conference agreement includes $387,275,000 for violence 
     against women prevention and prosecution programs instead of 
     $383,551,000 as proposed by the House and $410,000,000 as 
     proposed by the Senate. The following table outlines the 
     funding provided in the conference agreement:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                  FY 2004      FY 2005                               Conference
                                                  enacted      request       House        Senate      agreement
----------------------------------------------------------------------------------------------------------------
Violence Against Women Office Programs STOP       $166,564     $176,747     $176,747     $175,705      $187,086
 Grants.......................................
    (National Institute of Justice--R&D)......      (5,145)      (5,200)      (5,200)      (5,000)       (5,000)
    (Safe Start Program)......................      (9,895)     (10,000)     (10,000)     (10,000)      (10,000)
    (Transitional Housing Assistance).........  ...........     (15,000)     (15,000)     (10,000)      (12,500)
Grants to Encourage Arrest Policies...........      63,824       62,479       62,479       64,503        63,491
Rural Domestic Violence Assistance Grants.....      39,267       38,274       38,274       39,685        39,685
Violence on College Campuses..................       9,830        9,175        9,175        9,935         9,175
Civil Legal Assistance........................      39,322       39,871       39,322       39,740        39,740
Elder Abuse Grant Program.....................       4,916        4,458        4,458        4,968         4,600
Safe Haven Project............................      14,746       14,078       14,078       14,903        14,078
Educ. & Train for Disabled Female Victims.....       7,373        6,922        6,922        7,451         7,250
Transitional Housing..........................      14,842   ...........  ...........  ...........  ............
Management and Administration.................  ...........      10,473       10,339       30,000   ............
CASA (Special Advocates)......................      11,772       11,484       11,484       11,897        11,897
Training for Judicial Personnel...............       2,257        1,925        1,925        2,281         1,925
Grants for Televised Testimony................         983          986          983          994           983
Training Programs.............................       4,905        4,415        4,415        4,957         4,415
Stalking Database.............................       2,950        2,962        2,950        2,981         2,950
                                               -----------------------------------------------------------------
      Total...................................     383,551   ...........     383,551      410,000       387,275
----------------------------------------------------------------------------------------------------------------

       The conference agreement directs the Office on Violence 
     Against Women to submit a Management and Administration 
     financial plan to the Committees on Appropriations within 60 
     days of enactment of this Act. The financial plan shall 
     include the amount of funding reimbursed to the Office of 
     Justice Programs for administrative services. The Justice 
     Management Division is required to verify the appropriateness 
     of this amount.
       Native American/Native Alaskan Liaison Office.--The 
     conferees understand that Native American and Native Alaskan 
     women experience a high rate of violence compared to any 
     other group in the United States. The conferees are concerned 
     these individuals lack a comprehensive community response to 
     address their needs in breaking the cycle of violence. The 
     conferees believe a liaison office would be an effective 
     resource for these communities to identify and address their 
     needs in order to develop a community response for the 
     elimination of domestic violence.
       The conferees are aware that the State of Alaska has been 
     ranked number 1 in the country for its rate of rape, the rate 
     at which men kill women, and the rate at which firearms are 
     stolen. Although violent crime rates have dropped across the 
     nation last year, Federal statistics have shown that violent 
     crimes have been on the rise in Alaska. The conferees 
     understand that the Office on Violence Against Women held a 
     summit in Alaska in July, 2004, which enabled experts from 
     across the country to assist Alaska with this pervasive 
     social problem. The conferees commend the Office on Violence 
     Against Women for their effort in bringing both the Alaska 
     community and the professional community together.
       The conference agreement includes $7,550,000 for the Native 
     American/ Native Alaskan Liaison Office to begin their work 
     in Alaska. The conferees have provided $2,400,000 for the 
     Anchorage Domestic Violence Prevention Project; $950,000 for 
     the domestic violence prosecution unit in Alaska; $2,700,000 
     for the Sexual Assault/Domestic Violence Prosecution Unit for 
     the State of Alaska; $750,000 for the Sexual Assault Response 
     Team for the Municipality of Anchorage and $750,000 for the 
     Victims for Justice in Alaska. The conferees direct the 
     Office on Violence Against Women to work with these 
     organizations in order to develop a comprehensive community 
     approach for the State of Alaska.

                       Office of Justice Programs


                           Justice Assistance

       The conference agreement includes $227,900,000 for Justice 
     Assistance. The conferees do not adopt the Administration's 
     proposal to consolidate all Office of Justice Programs (OJP) 
     activities under this heading. The table below displays the 
     conference agreement compared to the request for programs 
     funded under this heading and compared to the amounts 
     provided in the House and Senate bills.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                       FY 2004     FY 2005                            Conference
                      Program                          enacted     request      House      Senate     agreement
----------------------------------------------------------------------------------------------------------------
National Institute of Justice......................      47,495      63,559      55,000      63,350       55,000
Bureau of Justice Statistics.......................      31,787      38,717      34,000      32,125       34,000
Victim Notification................................  ..........  ..........  ..........       8,000        8,000
National White Collar Crime........................       8,905       4,500       9,000  ..........        9,000
Regional Inf. Sharing Sys..........................      29,684      43,960      40,000      40,000       40,000
Management and Admin...............................      34,632     118,730      38,000      25,000       35,000
Missing Children Program...........................      35,621      35,368      41,000      42,400       46,900
                                                    ------------------------------------------------------------
      Total........................................     188,124  ..........     217,000     210,875      227,900
----------------------------------------------------------------------------------------------------------------

       National Institute of Justice (NIJ).--The conference 
     agreement provides $55,000,000 for the National Institute of 
     Justice. The conference agreement provides $20,000,000 for 
     the Office of Science and Technology, $3,250,000 for 
     counterterrorism research and development, $10,000,000 for 
     social science research and evaluation, $21,000,000 for the 
     National Law Enforcement and Corrections Technology Centers, 
     and $750,000 for Mistral Security Non-Toxic Drug Detention 
     and Identification Aerosol Technology.
       The conferees adopt the Senate report language concerning 
     the National Law Enforcement and Corrections Technology 
     Centers. Funding for these centers is distributed as follows:


    The National Law Enforcement and Corrections Technology Centers

                       [In thousands of dollars]

Northeast Regional Center........................................$3,000
Southeast Regional Center.........................................3,000
Rocky Mountain Regional Center....................................3,000
Western Regional Center...........................................3,000
National Center...................................................3,000

[[Page H10434]]

Northwest Center..................................................3,000
Technology Specialty Centers......................................3,000
                                                       ________________
                                                       
    Total, Regional and Specialty Centers........................21,000

       Within the level of funding provided for the Office of 
     Science and Technology, $3,000,000 is for the CommTech 
     program.
       Within the level of funding provided, $3,000,000 is for the 
     Center for Rural Law Enforcement Technology and Training, and 
     $2,800,000 is for the Office of Law Enforcement Technology 
     Commercialization, Inc. The conferees recognize and support 
     the important work of the Border Research Technology Center 
     and support the budget request for research on trafficking in 
     persons. NIJ shall consider expanding the Forensic Resource 
     Network in future years.
       Missing Children.--The conference agreement includes 
     $46,900,000 for the Missing Children Program for the 
     following purposes:

                                            MISSING CHILDREN PROGRAM
                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                       FY 2004     FY 2005
                      Program                          enacted     request      House      Senate     Conference
----------------------------------------------------------------------------------------------------------------
National Center for Missing and Exploited Children.     $14,842     $12,419     $17,000     $26,900      $23,900
Jimmy Ryce Law Enforcement Training Center.........       2,968       1,049       3,000       3,000        3,000
Internet Crimes Against Children Task Force........      12,368      14,500      14,500      12,500       13,500
Missing and Exploited Children Office..............       1,484       2,400       1,500  ..........        1,500
AMBER Alert Program................................       3,959       5,000       5,000  ..........        5,000
                                                    ------------------------------------------------------------
      Total........................................      35,621      35,368      41,000      42,400       46,900
----------------------------------------------------------------------------------------------------------------

       National Center for Missing and Exploited Children 
     (NCMEC).--The conferees strongly support the NCMEC's 
     nationwide services for the prevention of abduction, 
     endangerment, and sexual exploitation of children. The 
     conferees believe these services are an effective part of the 
     congressionally intended safety net for our most vulnerable 
     children. The conferees commend the leadership of NCMEC for 
     their dedication to these issues. Of the funds appropriated 
     for the NCMEC, $1,000,000 is for NCMEC's Lost Child Alert 
     Technology Resource (LOCATER) program; $2,250,000 is for 
     NCMEC's NETSMARTZ program; $1,650,000 is for the expansion 
     and enhancement of the Child Recognition and Identification 
     System (CRIS); and $2,000,000 is for NECMEC's Team Adam 
     initiative.
       Regional Information Sharing System.--The conference 
     agreement provides $40,000,000 for the Regional Information 
     Sharing System (RISS). The conferees direct the Department to 
     ensure that inter-state information sharing systems funded by 
     OJP and COPS comply with the National Criminal Intelligence 
     Sharing Plan. The conferees strongly support RISS's 
     leadership role in implementing the National Criminal 
     Intelligence Sharing Plan. In particular, the conferees are 
     pleased with RISS's efforts in promoting collaboration 
     between Federal, State, and local agencies through 
     information sharing, especially in the exchange of 
     antiterrorism information. Furthermore, the conferees commend 
     the support provided by BJA for RISS.
       Bureau of Justice Statistics.--Of the funds provided for 
     the Bureau of Justice Statistics, $2,000,000 shall be 
     utilized for the National Crime Victimization Survey (NCVS) 
     conversion. This funding supports the continuation of 
     converting the NCVS from primarily a paper and pencil 
     operation to a fully automated data collection operation.
       Victim Notification System.--The conferees understand that 
     eighteen states have implemented statewide automatic victim 
     notification programs, but a national automated victim 
     notification network remains incomplete. The conference 
     agreement recommends $8,000,000 for the Bureau of Justice 
     Assistance to launch a new grant program for State automated 
     victim notification programs. The conferees agree that no 
     funding can be utilized from the Victims Assistance Program 
     for this initiative and that funds provided under this 
     heading require a 50 percent match from State, local, or 
     private sources. The conferees direct the Bureau of Justice 
     Assistance to work with Congress in developing this program 
     and to submit to the Committees on Appropriations a report 
     outlining the program within 180 days of the enactment of 
     this Act.
       Management and Administration.--The conference agreement 
     provides $35,000,000 in direct appropriations for the 
     management and administration of OJP. The conferees direct 
     OJP to submit a financial plan to the Committees on 
     Appropriations within 60 days of enactment of this Act. The 
     financial plan shall include the amount of reimbursable 
     funding OJP receives from the Office of Community Oriented 
     Policing Services, the Office on Violence Against Women and 
     the Office of Domestic Preparedness, as well as 
     reimbursements for the processing of grants for any other 
     agency outside of the Department of Justice. In addition, 
     the financial plan shall outline the level of funding 
     individual OJP programs will be contributing for 
     management and administration.
       The conferees are cognizant that independent auditors 
     performing the fiscal year 2004 financial audit at OJP found 
     multiple material weaknesses in internal controls surrounding 
     OJP's grant accounting practices and grants management 
     systems. The conferees are extremely disappointed that the 
     weaknesses have caused the auditors to disclaim their opinion 
     on OJP's financial statements and as a result have caused the 
     loss of the overall Department of Justice clean audit 
     opinion. The conferees understand the auditors reported 
     weaknesses in OJP's grant accounting process, significant 
     errors in reporting, weak systems controls, weaknesses in OJP 
     monitoring, and an inability to adequately document certain 
     accounting entries. The conferees direct OJP to rectify its 
     accounting and monitoring weaknesses, strengthen its internal 
     controls and systems, and ensure it can reliably report its 
     financial activity in fiscal year 2005. Additionally, the 
     conferees expect OJP to submit monthly reports to the 
     Committees on Appropriations on the status of the corrective 
     action plan.


               State and Local Law Enforcement Assistance

       The conference agreement provides a total appropriation of 
     $1,295,510,000. The table below displays the funding provided 
     in the conference agreement compared to the level of funds 
     requested under the Justice Assistance heading for similar 
     activities, and compared to the levels provided in the House 
     and Senate bills.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                    2004         2005                                Conference
                                                  enacted      request       House        Senate      agreement
----------------------------------------------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants......  ...........     508,937      634,000   ...........      634,000
    (Boys and Girls Clubs)....................  ...........     (60,000)     (80,000)  ...........      (85,000)
    (USA Freedom Corps).......................  ...........  ...........      (5,000)  ...........       (2,500)
    (National Institute of Justice)...........  ...........     (19,956)     (15,000)  ...........      (10,000)
    (Tribal Courts)...........................  ...........      (5,921)  ...........  ...........  ............
Edward Byrne Memorial State Formula...........     494,739   ...........  ...........     500,000   ............
Local Law Enforcement Block Grants............     222,632   ...........  ...........     150,000   ............
    (Boys and Girls Clubs)....................     (79,158)  ...........  ...........     (85,000)  ............
    (USA Freedom Corps).......................      (2,968)  ...........  ...........  ...........  ............
    (National Institute of Justice)...........      (9,895)  ...........  ...........     (10,000)  ............
State Criminal Alien Assistance...............     296,843   ...........     325,000      220,000       305,000
Southwest Border Prosecutor Program...........  ...........  ...........  ...........      30,000        30,000
Cooperative Agreement Program.................       1,979   ...........  ...........  ...........  ............
Indian Assistance.............................      14,842        4,240       15,000       18,000        18,000
    (Tribal Prison Construction Program)......      (1,979)  ...........      (2,000)  ...........       (5,000)
    (Indian Tribal Courts Program)............      (7,916)  ...........      (8,000)  ...........       (8,000)
    (Alcohol and Substance Abuse).............      (4,947)      (4,240)      (5,000)  ...........       (5,000)
Byrne Discretionary Grants....................     157,443   ...........     110,000      117,969       170,027
USA Freedom Corps.............................  ...........      15,381   ...........  ...........  ............
Victims of Trafficking Grants.................       9,894   ...........      10,000   ...........       10,000
State Prison Drug Treatment...................  ...........      74,669       35,000       25,000        25,000
Drug Courts...................................      38,095       67,463       50,000       40,000        40,000
Prescription Drug Monitoring..................       6,926   ...........      10,000   ...........       10,000
Prison Rape Prevention and Prosecution........      36,784        7,654       52,175   ...........       37,000
Other Crime Control Programs:
    Intelligence State and Local Training.....  ...........      10,654       10,000       11,000        10,500
    Hate Crimes Training......................         989        1,000        1,000        1,000         1,000
    Missing Alzheimer's Patients..............         883   ...........         883          850           883
    Law Enfor. Family Support Program.........  ...........  ...........  ...........       2,000         2,000

[[Page H10435]]

 
    Motor Vehicle Theft Prevention Program....  ...........  ...........  ...........         100           100
    Senior Citizens Vs. Marketing Scams.......       1,979   ...........       1,979        2,000         2,000
Miscellaneous.................................      51,942   ...........  ...........  ...........  ............
Rescission....................................  ...........     (53,471)  ...........  ...........  ............
                                               -----------------------------------------------------------------
      Total, State and Local Assistance.......   1,335,971   ...........   1,255,037    1,117,919     1,295,510
----------------------------------------------------------------------------------------------------------------

       Edward Byrne Memorial Justice Assistance Grants program.--
     The conference agreement includes $634,000,000 for the Edward 
     Byrne Memorial Justice Assistance Grants program, as 
     authorized by H.R. 3036, the Department of Justice 
     Appropriations Authorization Act, Fiscal Years 2004 through 
     2006, as passed by the House on March 30, 2004. The 
     conference agreement is $125,063,000 above the budget 
     request.
       This program is intended to consolidate the Local Law 
     Enforcement Block Grant program and the Byrne Formula 
     program. Funding under this program is authorized for: (a) 
     law enforcement programs; (b) prosecution and court programs; 
     (c) prevention and education programs; (d) corrections and 
     community corrections programs; (e) drug treatment programs; 
     and (f) planning, evaluation, and technology improvement 
     programs. Funding is not available for: (a) vehicles, 
     vessels, or aircraft; (b) luxury items; (c) real estate; or 
     (d) construction projects.
       The formula used for distributing funds under this program 
     allocates 50 percent of funding based on population, and 50 
     percent based on violent crime rates. The formula allocates 
     60 percent of funding to States and 40 percent to units of 
     local government. Of the amount provided, $85,000,000 is for 
     Boys and Girls Clubs; $10,000,000 is for NIJ to assist local 
     units of government to identify, select, develop, modernize, 
     and purchase new technologies for use by law enforcement; and 
     $2,500,000 is for the USA Freedom Corps initiative for the 
     expansion of Neighborhood Watch programs and the Volunteers 
     in Policing program.
       Indian Country Grants.--The recommendation provides 
     $18,000,000 for Indian Country grants. The conferees 
     acknowledge the success that the Comprehensive Indian 
     Resources for Community Law Enforcement (CIRCLE) initiative 
     is having and urge the Department to continue to work on ways 
     to expand CIRCLE.
       Edward Byrne Discretionary Grants.--The conference 
     agreement includes $170,027,000 for discretionary grants 
     under this account.
       Within the amounts provided, OJP is expected to review the 
     following proposals, provide grants if warranted, and report 
     to the Committees on Appropriations regarding its intentions:
       $4,500,000 for the National Citizens Crime Prevention 
     Campaign;
       $1,750,000 for continued support for the expansion of 
     SEARCH Group, Inc. and the National Technical Assistance and 
     Training Program to assist States, such as West Virginia and 
     Alabama, to accelerate the automation of the fingerprint 
     identification process;
       $350,000 for the Turtle Mountain Community College, ND, 
     Project Peacemaker;
       $1,000,000 for the Indigenous Peoples Law & Policy Project 
     at the University of Arizona;
       $1,700,000 for the Drug Abuse Resistance Education (DARE) 
     program;
       $8,000,000 for Operation UNITE for a drug enforcement, 
     treatment and education program;
       $700,000 for the New Orleans, LA, Police Department for 
     crime fighting initiatives;
       $200,000 for the Orleans Parish, LA, District Attorney's 
     Office for crime fighting initiatives;
       $500,000 for the Paul and Lisa Foundation;
       $2,000,000 for the Northern Virginia Regional Gang Task 
     Force;
       $587,000 for the Northwest Virginia Regional Drug Task 
     Force;
       $3,000,000 for the State of Virginia for anti-gang 
     coordination;
       $2,500,000 for Mothers Against Drunk Driving including the 
     continuation of Spanish language public service 
     announcements;
       $1,500,000 for the National Institute of Justice and Bureau 
     of Justice Statistics to conduct a study of conditions of 
     confinement in Indian country correctional facilities and the 
     factors that exacerbate those conditions;
       $150,000 for the Obscenity Crimes Project to provide 
     citizens with an online tool to report Internet obscenity 
     crimes;
       $350,000 for Gospel Rescue Ministries;
       $300,000 for The Women's Center in Vienna, VA;
       $1,500,000 for the Pacific Institute for Research and 
     Evaluation, International Institute for Alcohol Awareness for 
     a training and technical assistance program for State and 
     local law enforcement regarding liquor law enforcement;
       $660,000 for the Virginia Community Policing Institute;
       $500,000 for William and Mary College's Courtroom 21 
     project;
       $1,540,000 for pre-release and post-incarceration services 
     programs for the Commonwealth of Virginia;
       $1,500,000 for court programs in the Commonwealth of 
     Virginia to combat drug use and drug related crimes;
       $732,000 for the Virginia Attorney General's office for a 
     Computer Crime Unit, a gang task force, and the Triad 
     program;
       $500,000 for a school safety program in Northern Virginia;
       $250,000 for the Wyandotte Focus for a program to reduce 
     recidivism;
       $200,000 for a community resource officer program and a 
     school resource officer program in Manassas Park, VA;
       $100,000 for Clarke County, VA, for a school resource 
     officer program;
       $250,000 for Securing Emergency Resources Through Volunteer 
     Efforts for a re-entry program;
       $750,000 for The Doe Fund's Ready, Willing & Able program;
       $300,000 for an onsite drug testing demonstration project 
     in the Fourth Judicial District of New York State;
       $1,500,000 for the Phoenix House in Upstate New York Drug 
     Treatment Alternative for offenders;
       $225,000 for Excelsior College for law enforcement training 
     programs;
       $225,000 for the Capital Region Cybercrime Partnership in 
     NY;
       $400,000 for the Pat Thomas Law Enforcement Academy 
     Training Program;
       $100,000 for Southside Virginia law enforcement activities;
       $150,000 for the Tarrant County, TX, District Attorney for 
     a gang database program;
       $1,500,000 for the Center for Court Innovation;
       $500,000 for the Frank Bland Regional Training Center;
       $1,000,000 for Protecting Children Against Sex Offenders in 
     Fairfax County, VA;
       $100,000 for Mountain Village, CO, for law enforcement 
     technologies;
       $400,000 for the Rhode Island Family Treatment Court 
     program;
       $1,500,000 for the Washington Metropolitan Area Drug 
     Enforcement Task Force (MATF);
       $2,000,000 for the Washington Public Building Mapping 
     System;
       $200,000 for Forest County, PA, for court related costs;
       $1,000,000 for the Wichita, KS, Police Department for law 
     enforcement costs;
       $250,000 for the Chattanooga, TN, Drug Court program;
       $250,000 for the Law Enforcement Innovation Center;
       $500,000 for the Rape, Abuse and Incest National Network's 
     sexual abuse hotline;
       $3,000,000 for the National Clearinghouse for Science, 
     Technology, and the Law at Stetson University College of Law;
       $2,000,000 for the National Forensics Science Technology 
     Center in Largo, FL;
       $750,000 for Pinellas County, FL, for a jail diversion 
     program for the mentally ill;
       $200,000 for the Pinellas County, FL, Sexual Predator Unit;
       $250,000 for Kristen's Act;
       $200,000 for It Happened to Alexa;
       $500,000 for Phoenix House in Dallas, TX, for at-risk youth 
     programs;
       $250,000 for the Southern Methodist University's Family 
     Research Center to conduct research on domestic violence;
       $3,000,000 for the University of Houston to work with the 
     National Institute of Justice to test new law enforcement 
     technologies;
       $250,000 for the Ascension Parish Law Enforcement Training 
     Center;
       $250,000 for the National Correctional Industries 
     Association's Prison Industry Enhancement Certification 
     Training and Technical Assistance Project;
       $2,000,000 for the National Institute of Justice's Cyber 
     Science Laboratory in Rome, NY;
       $300,000 for the National Association of Town Watch's 
     National Night Out crime prevention program;
       $200,000 for Athens-Clarke County, GA, for law enforcement 
     initiatives;
       $200,000 for Effingham County, GA, for law enforcement 
     initiatives;
       $200,000 for Augusta-Richmond County, GA, for law 
     enforcement initiatives;
       $500,000 for the National Institute on State Policy on 
     Trafficking of Women and Girls;
       $250,000 for the Rural Law Enforcement Information 
     Technology Center at Tarleton State University;
       $250,000 for the University of Notre Dame in collaboration 
     with the State University of New York (SUNY) Stony Brook for 
     law enforcement technologies research;
       $250,000 for the WINGS Domestic Violence program;
       $500,000 for Enough is Enough;
       $50,000 for the Stargazer Foundation;
       $100,000 for the Union County, NJ, Police Department in 
     partnership with Union County College for law enforcement 
     training programs;
       $250,000 for a school resource officer training program in 
     Palm Beach County, FL;
       $250,000 for the Gun Crimes Reduction Task Force in Ventura 
     County, CA;

[[Page H10436]]

       $100,000 for Bartow County, GA, for equipment to prevent 
     the spread of airborne pathogens in the county jail;
       $250,000 for the State of Missouri, to enhance its Amber 
     Alert program;
       $500,000 for Beyond Missing;
       $100,000 for the State University of New York for law 
     enforcement training;
       $200,000 for St. Clairsville, OH, for courtroom equipment;
       $400,000 for the San Joaquin Valley Rural Crime Prevention 
     Program;
       $100,000 for Whiteclay, NE, for law enforcement programs;
       $250,000 for the Regional Counter-Drug Training Academy for 
     law enforcement training;
       $250,000 for the City of Lancaster, PA, for a community 
     policing initiative;
       $250,000 for Chattahoochee Valley Community College for a 
     law enforcement training program;
       $150,000 for the Check 'Em Out program;
       $300,000 for The Northwest Fund--Crime Reduction 
     initiative;
       $500,000 for the Whitman-Walker law enforcement programs;
       $100,000 for the Lake Washington Technical College;
       $500,000 for the University of Toledo Center for Parents 
     criminal justice program;
       $200,000 for the Westchester County, NY, Special Operations 
     Task Force;
       $250,000 for Arlington County, VA, for gang suppression;
       $450,000 for the On-Site Academy's Law Enforcement 
     Counseling Program;
       $200,000 for the Safer Foundation ex-offender program;
       $500,000 for Training for Judicial Personnel;
       $600,000 for the Vera Institute of Justice;
       $500,000 for the Fairleigh Dickinson University CyberCrime 
     program;
       $300,000 for the Computer Crimes Initiative--Suffolk 
     County, NY;
       $50,000 for the Latino Action Center for drug and crime 
     prevention programs;
       $100,000 for New York City's Community Crime Stopper 
     Program;
       $100,000 for the Opening Word, Wyandanch, NY;
       $200,000 for the Eastern Michigan Center for Community 
     Building;
       $200,000 for Project COPE NY Police Foundation;
       $400,000 for the STRIVE Ex-Offender Program;
       $400,000 for the Fortune Society's Community Reentry 
     Program;
       $50,000 for the Bexar County, TX, Jail Diversion Program;
       $200,000 for the Newport, RI, Police Department law 
     enforcement initiative;
       $1,000,000 for the National Corrections and Law Enforcement 
     Training and Technology Center;
       $500,000 for the Law Enforcement Information Technology and 
     Analysis Program, WV;
       $125,000 for Wyandotte CHWC;
       $125,000 for Mid-America Nazarene;
       $240,000 for the Minneapolis, MN, Police Department law 
     enforcement initiative;
       $500,000 for Hennepin County, MN, CrimNet;
       $100,000 for the Wisconsin Coalition Against Domestic 
     Violence;
       $100,000 for the Wayne County, MI, Jail Diversion and 
     Assistance Initiative;
       $100,000 for the Police Command Center in Cleveland, OH;
       $100,000 for California Front Line Law Enforcement;
       $400,000 for the Minnesota Fond du Lac Law Enforcement 
     Program;
       $200,000 for the Central Wisconsin Drug Enforcement 
     program;
       $500,000 for the Wisconsin Alliance for Children and 
     Families;
       $1,000,000 for the International Center for Ending 
     Violence;
       $750,000 for San Francisco Ex-Offender Reentry Services;
       $150,000 for California Western School of Law;
       $625,000 for the Contra Costa County, CA, ARIES Integrated 
     Justice System;
       $400,000 for the Urban Justice Center;
       $500,000 for West Shore Regional Law Enforcement;
       $500,000 for the Multi-Jurisdictional Criminal Justice Data 
     Integration Project;
       $200,000 for the Maine Rural Substance Abuse Project;
       $291,000 for the Town of Taos, NM, Police Department Law 
     Enforcement;
       $100,000 for the Providence, RI, Police Department for 
     Command Training;
       $250,000 for the Center Point Re-entry Program;
       $100,000 for the WAVE domestic violence program in 
     California;
       $185,000 for a law enforcement program in Independence 
     County, AR;
       $100,000 for the Catholic University Anti-Domestic Violence 
     Program in Puerto Rico;
       $500,000 for the Steganography Analysis and Research 
     Center;
       --$400,000 for the Alabama Bureau of Investigation's 
     Missing Children's Program;
       --$1,000,000 for the Alaska Native Justice Center 
     restorative justice programs;
       --$2,000,000 for the Alaskan Rural Prosecution Unit;
       --$1,100,000 for Alcohol Interdiction in Alaska for 
     bootlegging crimes;
       --$250,000 for the Biloxi, MS, Police Department Technical 
     Bomb Squad;
       --$125,000 for Carbon County, UT, for drug enforcement;
       --$200,000 for the Center on Domestic Violence at CU-
     Denver, CO;
       --$100,000 for the City of Columbia, MS, for law 
     enforcement equipment;
       --$230,000 for the City of Philadelphia's Operation Safe 
     Streets;
       --$100,000 for the City of Xenia, OH, Police Division 
     Internet Child Protection Unit;
       --$3,000,000 for the Consolidated Advanced Technology 
     Laboratory at UNH;
       --$700,000 for the Dispute Resolution program at Faulkner 
     University, AL;
       --$300,000 for the Fort Bend and Harris County, TX, Anti-
     Drug Initiative;
       --$250,000 for the further testing and evaluation of 
     TACSCAN system;
       --$890,000 for the Holyoke Community College, information 
     security system;
       --$5,000,000 for the Institute for Security Technology 
     Studies, NH;
       --$1,000,000 for the Center for Task Force Training;
       --$2,000,000 for the Jackson, MS, Public Safety Automated 
     Technologies--Equipment;
       --$250,000 for the Kansas City Swope Parkway, MO;
       --$375,000 for the Leadership Institute in Judicial 
     Education, University of Memphis;
       --$900,000 for the Clearwater Economic Development 
     Association, ID, for the Idaho-Montana Lewis and Clark 
     Bicentennial Bi-State Safety Project;
       --$400,000 for Mental Health Courts;
       --$100,000 for the Millerstown Borough Police Department, 
     Perry County, PA;
       --$1,000,000 for the Mississippi State University--Computer 
     Crime Prosecution Initiative;
       --$100,000 for the National Association of Promoting 
     Success;
       --$2,084,650 for the National Fatherhood Initiative;
       --$650,000 for the New Hampshire Cyber Crime Initiative;
       --$750,000 for the National Child Protection Training;
       --$51,000 for the NH Department of Safety evidence storage 
     expansion;
       --$250,000 for the NH Police Standards and Training 
     distance learning expansion;
       --$1,000,000 for Operation Streetsweeper;
       --$550,000 for Brown University Nanotechnology DNA 
     Sequencing in RI;
       --$225,000 for crime scene examination enhancement for the 
     State of Alaska;
       --$500,000 for the El Paso Regional Lab in TX;
       --$400,000 for the Greater Columbus Area Crime Fighting 
     AFIS Project in OH;
       --$100,000 for the Fulton County District Attorney's Cold 
     Case Unit in GA;
       --$1,000,000 for the Mississippi Crime Lab to Address 
     Forensic Backlog;
       --$200,000 for the Northwest Ohio Regional Information 
     System AFIS;
       --$250,000 for the Ohio BCI Laboratory System Improvement 
     Project;
       --$375,000 for the Ohio BCI Palmprint AFIS Program;
       --$200,000 for the Pikes Peak Metro Crime Lab DNA 
     Laboratory in CO;
       --$500,000 for Southeast Missouri State University;
       --$200,000 for the Greenville Tech Forensic/DNS Laboratory 
     in SC;
       --$200,000 for the Texas Tech Forensic Science Institute;
       --$150,000 for the University of Alabama at Birmingham 
     Forensic Science Education and Training program;
       --$400,000 for the Utah Valley State College Forensic 
     Science Program;
       --$200,000 for Weber State University's Criminal Justice 
     Program in UT;
       --$200,000 for the Sam Houston State University, Texas, 
     Center for Forensic
       Sciences.
       --$250,000 for the Partners for Downtown Progress, AK;
       --$2,000,000 for the Public Private Ventures, of which 
     $750,000 is for the National Center on Neighborhood 
     Enterprise, of which up to 5 percent may be used by Public 
     Private for the purpose of enhanced accountability and 
     rigorous evaluation of the Violence Free Zone project;
       --$1,000,000 for the Ridgelend, MS, Police Department 
     radios and equipment;
       --$200,000 for the South Central Alaska Search and Rescue 
     Training Project for the Alaska Police Department;
       --$210,000 for the Alaska Statewide DARE coordinator and 
     implementation of new DARE curriculum;
       --$100,000 for equipment for the Tchula, MS, Police 
     Department;
       --$640,400 for technology improvements at the NH Department 
     of Motor Vehicles;
       --$3,000,000 for the continuation of the J-ONE information 
     sharing system in NH;
       --$750,000 for the Texas Medical Center in Houston, TX, 
     Operations Center;
       --$1,000,000 for the University of Kentucky Rural Drug 
     Prosecution Assistance Project;
       --$500,000 for the University of Louisville Effects of 
     Collaboration Team Intervention on Child Well Being;
       --$2,000,000 for University of Mississippi National Center 
     for Justice and the Rule of Law;
       --$200,000 for the Texas Center for Forensic Science;
       --$200,000 for the University of Mississippi TechLaw to 
     offer police online training;
       --$400,000 for the Institutional Security Program and the 
     University of Southern Mississippi;
       --$275,000 for the University of Southern Mississippi's 
     Rural Law Enforcement Training Initiative;
       --$200,000 for the Violent Crimes Fugitive Task Force, MT;

[[Page H10437]]

       --$300,000 for the State of Colorado Digital Trunked Radio 
     System;
       --$400,000 for the Western Kentucky University Public 
     Safety program;
       --$100,000 for the New Hampshire DARE program;
       --$250,000 for the City of Richton, MS, for the police 
     department;
       --$65,000 for the University of Delaware Center for Drug 
     and Alcohol Studies to conduct a statewide survey of 
     delinquent and high risk behaviors;
       --$3,100,000 for the Monterey County, CA, Street Violence 
     and Anti-gang Project;
       --$250,000 for the Washington State Department of 
     Corrections Electronic Fingerprint Criminal Background Check;
       --$150,000 for the Family Re-Entry, Inc., prisoner reentry 
     pilot program in Bridgeport, CT;
       --$400,000 for the University of Connecticut Breaking the 
     Cycle of Behavioral Health Problems and Crime study;
       --$150,000 for the Native Americans Into Law Program;
       --$500,000 for the National Center for Victims of Crime and 
     INFOLINK;
       --$950,000 for the Chicago Project for Violence Prevention 
     to expand Ceasefire;
       --$500,000 for the San Diego, CA, Crisis Intervention 
     Response Teams;
       --$1,200,000 for the Methamphetamine Jail Treatment, IA;
       --$765,000 for the Highway Interdiction Team, IA;
       --$4,750,000 for the National Advocacy Center/National 
     District Attorneys Association;
       --$14,000,000 for the South Carolina Judicial Department 
     case docket system;
       --$1,000,000 for the Richland County Sheriff's Office 
     Carolina Regional Fugitive Task Force;
       --$1,750,000 for Indian Legal Services
       --$425,000 for the Oglala Sioux Tribe Judicial System 
     operations;
       --$500,000 for the Rosebud Sioux Tribe, SD, Judicial System 
     operations;
       --$1,000,000 for the Worcester Polytechnic Institute, MA, 
     for the development of law enforcement technologies;
       --$100,000 for the Hampshire County, MA, Triad;
       --$100,000 for the Phoenix House Treatment Center, MA;
       --$950,000 for the Milwaukee County, WI, Judicial Oversight 
     Demonstration Initiative;
       --$400,000 for the Milwaukee, WI, Community Partners;
       --$300,000 for the New Orleans District Attorney's Office 
     for system upgrades;
       --$1,000,000 for the Child Safe Personalized Weapon, New 
     Jersey's Institute of Technology;
       --$1,500,000 for the Baltimore City Operation Safe Streets;
       --$150,000 for the Leadership and Public Service Mentoring 
     and Education Program at the University of Florida;
       --$250,000 for the University of Nebraska at Kearney 
     Polygraph Credibility Project;
       --$550,000 for the Henderson Emergency Operations Center, 
     NV;
       --$50,000 for the UNLV Boyd School of Law Immigration 
     Clinic;
       --$50,000 for the UNR Grant Sawyer Center for Justice 
     Studies;
       --$30,000 for the Mineral County, Nevada, Sheriff's Office;
       --$735,000 for the Family Development Foundation, Las 
     Vegas, Nevada;
       --$750,000 for the National Judicial College;
       --$400,000 for the Bodega Association of NYC;
       --$130,000 for the National Megan's Law Helpline; and
       --$500,000 for the Tools for Tolerance Program;
       Harold Rogers Prescription Drug Monitoring Program.--The 
     conference agreement includes $10,000,000 to assist States in 
     building or enhancing prescription drug monitoring systems, 
     facilitating the exchange of information between States, and 
     providing technical assistance and training on establishing 
     and operating effective prescription drug monitoring 
     programs. During 2002, 6.2 million Americans abused 
     prescription drugs. The conferees expect OJP to 
     collaborate with DEA and other entities of the Executive 
     Branch, such as the Food and Drug Administration and the 
     Office of National Drug Control Policy, to ensure a 
     coordinated government-wide approach to address 
     prescription drug diversion. The Department of Justice is 
     directed to submit quarterly reports describing its 
     efforts to address prescription drug diversion.
       Prison Rape Prevention and Prosecution.--The conference 
     agreement provides $37,000,000 for implementation of the 
     Prison Rape Elimination Act of 2003 (Public Law 108-79). The 
     conference agreement provides $15,000,000 for the collection 
     of statistics, data and research as authorized by section 4 
     of the Act; $1,000,000 for the National Institute of 
     Corrections for a national clearinghouse, training and 
     education as authorized by section 5 of the Act; $20,000,000 
     for grants to States to protect inmates and safeguard 
     communities as authorized by section 6 of the Act; and 
     $1,000,000 to be transferred to the National Prison Rape 
     Elimination Commission.
       Improving State and Local Law Enforcement Intelligence 
     Capabilities.--The conference agreement includes $10,500,000 
     for the implementation of the National Criminal Intelligence 
     Sharing Plan and the efforts of the Global Justice 
     Information Sharing Initiative. The conferees direct this 
     funding to be used to support training for State and local 
     law enforcement on the intelligence process including 
     planning, collection, analysis, dissemination and 
     reevaluation. This program should continue to provide support 
     for training in the use of intelligence as a tool in 
     identifying pre-incident indicators. The conferees believe 
     the training should ensure that law enforcement officials are 
     protecting individuals' privacy, civil rights, civil 
     liberties, and constitutional rights within the intelligence 
     process. The conferees also expect some funding to be 
     available to promote the use of information technology 
     standards among law enforcement to ensure that the data can 
     be exchanged across disparate information systems.


                       Weed and Seed Program Fund

       The conference agreement includes $62,000,000 for the Weed 
     and Seed program as proposed by the Senate. Of the funds 
     provided, $2,000,000 shall be for comprehensive community 
     development training and technical assistance.


                  Community Oriented Policing Services

       The conference agreement includes $606,446,000 for 
     Community Oriented Policing Services (COPS) programs instead 
     of $686,702,000 as proposed by the House and $755,969,000 as 
     proposed by the Senate.
       The table below displays the funding provided in the 
     conference agreement compared to the level of funds requested 
     under the COPS and Justice Assistance headings for similar 
     activities and compared to the levels provided in the House 
     and Senate bills.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                   FY 2004      FY 2005
                    Program                        enacted      request       House        Senate     Conference
----------------------------------------------------------------------------------------------------------------
Enhancement Grants.............................  ...........  ...........      113,000  ...........  ...........
Hiring/School Resource Officers................     118,737   ...........  ...........     180,000        10,000
Training and Technical Assistance..............      (5,000)      17,625   ...........      20,000        15,000
Tribal Law Enforcement.........................      24,737       20,000   ...........      20,000        20,000
Meth Hot Spots.................................      53,482       20,000        60,000      55,000        52,556
COPS Technologies..............................     156,740   ...........      130,000     110,969       138,615
Interoperable Communications...................      84,106        1,550   ...........     100,000       100,000
Safe Schools Initiative........................       4,552   ...........  ...........       5,000         4,325
Police Integrity Grants........................       9,894       10,000   ...........      15,000         7,500
Management and Administration..................      29,684       27,914        27,914      35,000        30,000
Prior Year Balances (Rescission)...............  ...........     (53,471)  ...........  ...........  ...........
Bullet-Proof Vests.............................      24,737       24,950        25,000      25,000        25,000
Police Corps...................................      14,842       27,579        20,000      15,000        15,000
Criminal Records Upgrade.......................      29,684       56,186        50,000  ...........       25,000
DNA Initiative.................................      98,948      175,788       175,788     100,000       110,000
Paul Coverdell Forensic Science................       9,894   ...........  ...........      20,000        15,000
Crime Identification Technology Act............      23,971   ...........  ...........      35,000        28,450
(Safe Schools Technologies)....................      (4,948)  ...........  ...........      (5,000)  ...........
SW Border Prosecutor Program...................      29,684       47,431        40,000  ...........  ...........
Project Safe Neighborhoods.....................      29,684       45,080        30,000      15,000   ...........
Offender Re-Entry..............................       4,948       15,000        15,000       5,000        10,000
                                                ----------------------------------------------------------------
      Grand total..............................     748,324   ...........      686,702     755,969       606,446
----------------------------------------------------------------------------------------------------------------

       COPS Hiring Program.--The conference agreement includes 
     $10,000,000 for the hiring of law enforcement officers, of 
     which $5,000,000 shall be for school resource officers.
       Police Corps.--The conference agreement includes 
     $15,000,000 for the Police Corps program. The conferees 
     expect that the Police Corps training curriculum will 
     incorporate all relevant training portions of the National 
     Criminal Intelligence Sharing Plan.
       Indian Country.--The conferees recommend that 5 percent of 
     COPS funds be provided directly to tribal judicial systems to 
     assist Tribal Courts with the caseload associated with 
     increased arrests as a result of more stringent tribal law 
     enforcement.
       Methamphetamine Enforcement and Clean-Up.--The conference 
     agreement includes $52,556,000 for State and local law 
     enforcement programs to combat methamphetamine production and 
     distribution, to target

[[Page H10438]]

     drug ``hot spots,'' and to remove and dispose of hazardous 
     materials at clandestine methamphetamine labs.
       Within the amount provided, the conference agreement 
     includes $20,000,000 to reimburse the Drug Enforcement 
     Administration (DEA) for assistance to State and local law 
     enforcement for proper removal and disposal of hazardous 
     materials at clandestine methamphetamine labs.
       In addition, within the amount provided, the conferees 
     expect the COPS Program Office, in consultation with DEA, to 
     examine each of the following proposals, to provide grants if 
     warranted, and to submit a report to the Committees on 
     Appropriations on its intentions for each proposal:
       $2,000,000 for a Washington State law enforcement 
     methamphetamine initiative;
       $2,000,000 for the Methamphetamine Task Force in East 
     Tennessee, to fight the spread of meth labs in this region;
       $250,000 for the Indiana State Police meth enforcement 
     team;
       $300,000 for the Clackamas County, OR, Methamphetamine 
     Initiative: Community Prosecution;
       $1,000,000 for the Minot State University Rural 
     Methamphetamine Education Demonstration Project in North 
     Dakota;
       $300,000 for the COPS Methamphetamine Drug Hot Spots 
     Program in AR;
       $600,000 for the Marion County, OR, Methamphetamine 
     Forensic Lab Enhancement;
       $6,000,000 for the Comprehensive Methamphetamine Response 
     in HI;
       $1,500,000 for the Methamphetamine Clandestine Lab Task 
     Force in IA;
       $600,000 for the Virginia State Police, of which $175,000 
     shall be for the Northwest Virginia Regional Drug Task Force, 
     and $175,000 shall be for the Harrisonburg Drug Task Force to 
     assist their efforts in combating methamphetamine;
       $2,000,000 for the Partnership for a Drug Free America to 
     provide technical assistance to State and local law 
     enforcement to address meth;
       $160,000 for Winston and Fayette Counties, AL, for a meth 
     initiative;
       $1,500,000 for the California Department of Justice, Bureau 
     of Narcotics Enforcement, for the California Methamphetamine 
     Strategy (CALMS);
       $250,000 for the Mineral Area Drug Task Force;
       $100,000 for the South Central Missouri Drug Task Force;
       $200,000 for the Southeast Missouri Drug Task Force;
       $100,000 for the Bradford County, PA, Sheriff's Department 
     for a meth initiative;
       $250,000 for the Commerce City, CO, Police Department for 
     meth initiatives;
       $250,000 for the Franklin County, MO, Sheriff's Department 
     for Operation CHEM;
       $250,000 for the Regional Training Center in Sioux City, 
     IA;
       $250,000 for the Iowa Office of Drug Control Policy for 
     meth initiatives;
       $250,000 for the Daviess County, KY, Sheriff's Department 
     to combat production and distribution of methamphetamine;
       $250,000 for the Oklahoma Bureau of Narcotics and Dangerous 
     Drug Control Clandestine Laboratory Enforcement Program;
       $250,000 for the Nebraska State Patrol to combat the 
     production and distribution of methamphetamine;
       $250,000 for Polk County, FL, Sheriff's Department to 
     combat the production and distribution of methamphetamine;
       $250,000 for the Oregon Partnership meth prevention 
     program;
       $350,000 for the Pennyrile Narcotics Task Force in KY;
       $300,000 for the Lincoln County, OR, Methamphetamine 
     Intervention and Enforcement;
       $200,000 for the St. Matthews, SC, Police Dept 
     Methamphetamine Initiative;
       $100,000 for the Merced County, CA, ``Meth is Death'' 
     Project;
       $50,000 for the Lauderdale County, AL, Sheriff's Office 
     Meth Initiative;
       $50,000 for the Colbert County, AL, Sheriff's Office Meth 
     Initiative;
       $100,000 for the Guam Methamphetamine Initiative;
       $100,000 for the Miami Tribe's Meth Hot Spots program;
       $250,000 for the Pulaski County, IL, Sheriff Department 
     Meth Initiative;
       $310,000 for the Fresno County, CA, District Attorney 
     Methamphetamine Initiative;
       $500,000 for the TN 13th Judicial District/Surrounding 
     Counties Methamphetamine Task Force;
       $100,000 for the Woodland, CA, Methamphetamine Enforcement;
       --$100,000 for the Combined Ozarks Multi-Jurisdictional 
     Enforcement Team [COMET] in MO;
       --$750,000 for the Five County Northern UT Methamphetamine 
     Project;
       --$125,000 for Jackson County Methamphetamine Clean-Up in 
     MS;
       --$250,000 for the Jackson County Mississippi Sheriff's 
     Department--Narcotics Task Force/Technology;
       --$100,000 for Jefferson County, Colorado, Methamphetamine 
     Interdiction & Response;
       --$300,000 for the Kansas Methamphetamine Prevention 
     Project;
       --$400,000 for the Maricopa County Arizona Meth Funding;
       --$250,000 for the Methamphetamine Addiction in MT;
       --$1,000,000 for the Mississippi Bureau of Narcotics--
     Methamphetamine Enforcement;
       --$1,000,000 for the MoSmart Board, MO;
       --$125,000 for the North Carolina Attorney General Office 
     Meth Program;
       --$250,000 for the North Carolina U.S. District Attorneys 
     Meth;
       --$200,000 for the State of Minnesota's Methamphetamine Hot 
     Spots Initiative;
       --$250,000 for the Statewide Drug Enforcement and Lab 
     Equipment in NE;
       --$26,000 for the Wright County Drug Mobile Command;
       --$500,000 for the Methamphetamine Montana Initiative;
       --$300,000 for the Anhydrous Ammonia Nurse Tank Locks in 
     IA;
       --$1,000,000 for the Wisconsin I Methamphetamine Law 
     Enforcement Initiative;
       --$300,000 for the Louisiana Methamphetamine Task Force;
       --$1,750,000 for the Vermont Drug Task Force; and
       --$60,000 for the Coos and Curry Co. METH Reduction, OR;
       COPS Interoperable Communications Technology Program.--The 
     conference agreement provides $100,000,000 to continue the 
     COPS Interoperable Communications Technology Program being 
     designed and implemented by the COPS Office, in consultation 
     with NIJ's OS&T as well as the Bureau of Justice Assistance. 
     The conferees commend the COPS Office for its coordination 
     with other Federal agencies who deal with public safety 
     interoperability. The conferees believe coordination of 
     Federal efforts is critical to ensure our Nation's safety and 
     a necessity if we are not to fall victim to the pitfalls of 
     the past.
       The conferees strongly support the need for minimum 
     standards for law enforcement communications technology. 
     Therefore, OS&T should continue to assist COPS in 
     incorporating existing minimum standards into the formulation 
     of this grant program. Within the amount provided, $5,000,000 
     shall be transferred to the National Institute of Standards 
     and Technology (NIST) to continue the efforts of the Office 
     of Law Enforcement Standards (OLES) regarding the development 
     of a comprehensive suite of minimum standards for law 
     enforcement communications.
       The conferees commend the Institute for Telecommunication 
     Sciences (ITS) in Boulder, Colorado, for all their efforts 
     and contributions to the public safety communications 
     statement of requirements. Their contributions were critical 
     in addressing the many issues plaguing public safety 
     organizations for decades.
       Interoperable Standards.--Over a decade ago, APCO Project 
     25 was established through a joint effort of Public Safety 
     First Responders, U.S. Industry, and elements of the Federal 
     Government to provide the public safety community with 
     interoperable, spectrally-efficient, economically-priced, 
     digital radios capable of providing a variety of 
     operationally required functions and features, including 
     backward compatibility with existing analog land mobile 
     radios.
       The Project 25 suite of standards, being developed with the 
     technical assistance of the Telecommunications Industry 
     Association (TIA) Standards Committee TR-8, is intended to 
     satisfy defined user needs, allow multiple vendors to 
     manufacture some or all components of the Project 25 system 
     at their discretion, and ensure that components produced by 
     many sources will be interoperable.
       The timely completion of the Project 25 standards for all 
     of the relevant communications systems equipment is essential 
     to the public safety community. The conferees are concerned 
     that the functional standards that specify key Project 25 
     system interfaces (such as the Inter-RF Subsystem Interface 
     (ISSI), the Console Interface, and the Fixed Station 
     Interface) have not been developed or approved, nor have the 
     standards that define how the interfaces should be tested and 
     evaluated.
       The conferees encourage the OLES to work with CommTech 
     within the National Institute of Justice and the Wireless 
     Public SAFEty Interoperability COMmunications (SAFECOM) 
     Program within the Department of Homeland Security, to 
     consider the issuance of interim standards that can be used 
     to specify the required functionality and testing validation 
     characteristics.
       Law Enforcement Technology Program.--The conference 
     agreement includes $138,615,000 for the COPS Law Enforcement 
     Technology Program. The conference agreement adopts by 
     reference the House report language concerning standards.
       Within the overall amounts recommended, the conferees 
     expect the COPS office to examine each of the following 
     proposals, to provide grants if warranted, and to submit a 
     report to the Committees on Appropriations on its intentions 
     for each proposal:
       $750,000 for the City of Lubbock, TX, Police Department for 
     law enforcement technologies;
       $1,125,000 for the State of New Mexico State Police;
       $1,500,000 for the Midwest Forensics Resource Center, IA;
       $500,000 for the Arkansas State Police for law enforcement 
     technologies;
       $500,000 for the City of Stamford, CT, for law enforcement 
     technologies;
       $750,000 for continued participation of Idaho in the 
     Criminal Information Sharing Alliance;
       $750,000 for law enforcement technologies, to be split 
     evenly between the City of Tucson, AZ Police Department and 
     the Pima County, AZ Police Department;
       $250,000 for law enforcement technologies for sheriff's 
     offices in Cochise County, AZ;
       $2,000,000 for the City of Asheville, NC, Police Department 
     for law enforcement technologies;

[[Page H10439]]

       $100,000 for the New Orleans Metropolitan Crime Commission;
       $70,000 for the Leesburg, VA, Police Department for law 
     enforcement technologies;
       $2,100,000 for the Integrated Criminal Justice Information 
     System for the State of Virginia;
       $1,500,000 for a statewide records management system for 
     Virginia law enforcement;
       $15,000 for the Berryville, VA, Police Department for in-
     car cameras;
       $75,000 for the City of Manassas, VA, Police Department for 
     law enforcement technologies;
       $40,000 for Guin, AL, Police Department for law enforcement 
     technologies;
       $20,000 for the Southside, AL, Police Department for law 
     enforcement technologies;
       $20,000 for the Boaz, AL, Police Department for law 
     enforcement technologies;
       $80,000 for the Morgan County, AL, Sheriff's Department for 
     law enforcement technologies;
       $1,000,000 for the Simulated Prison Environment Crisis 
     Aversion Tools for programs in Alabama, North Carolina, and 
     Pennsylvania;
       $2,000,000 for law enforcement technology enhancements for 
     Middle Rio Grande Border Region of Texas;
       $500,000 for the Florida Department of Corrections for a 
     system to electronically monitor criminal probationers and 
     link their location to crime events;
       $775,000 for the City of Houston, TX, Police Department for 
     law enforcement technologies;
       $500,000 for San Diego County, CA, Sheriff's Department for 
     automation infrastructure upgrades;
       $500,000 for I-SAFE America;
       $500,000 for the City of Roseville, CA, Police Department 
     for law enforcement technologies;
       $500,000 for the Placer County, CA, Sheriff's Department 
     for law enforcement technologies;
       $1,000,000 for the Morris County, NJ, Police Department for 
     law enforcement technologies;
       $300,000 for the Sussex County, NJ, Police Department for 
     law enforcement technologies;
       $300,000 for the Somerset County, NJ, Police Department for 
     law enforcement technologies;
       $300,000 for the West Essex Port of Essex County, NJ, 
     Police Department for law enforcement technologies;
       $405,000 for Southside Virginia law enforcement agencies 
     for law enforcement technologies;
       $3,000,000 for the Center for Criminal Justice Technology;
       $350,000 for the City of Moultrie, GA, Police Department 
     for law enforcement technologies;
       $1,500,000 for the Oakland County, MI, Sheriff's Department 
     for an Identification Based Information System (IBIS) 
     including portable hand-held digital fingerprint and photo 
     devices for patrol cars;
       $500,000 for the Morgan County, IL, Police Department for 
     law enforcement technologies;
       $350,000 for the City of Beardstown, IL, Police Department 
     for law enforcement technologies;
       $150,000 for the City of Peoria, IL, Police Department for 
     law enforcement technologies;
       $500,000 for the Iowa State University for a cyber-crime 
     program;
       $750,000 for the East Valley Community Justice Center;
       $500,000 for San Bernardino, CA, Police Department for law 
     enforcement technologies;
       $500,000 for the Redlands, CA, Police Department for a 
     crime mapping project;
       $250,000 for the development of an electronic crime report 
     filing system for San Bernardino County, CA;
       $750,000 for the Louisville, KY, Metro Police Department 
     for mobile data terminals;
       $15,000 for the West Buechel, KY, Police Department for in-
     car computers and cameras;
       $70,000 for the Lynnview, KY, Police Department for law 
     enforcement equipment;
       $1,000,000 for the Onondaga County, NY, Sheriff's Office 
     for crime fighting technologies;
       $400,000 for the Syracuse, NY, Police Department for law 
     enforcement technologies;
       $250,000 for the Lee County, MS, Sheriff's Department for 
     law enforcement technologies;
       $500,000 for the City of Largo, FL, for the Law Enforcement 
     Accessing Data (LEAD) project;
       $500,000 for the Pinellas County, FL, Sheriff's Department 
     for a consolidated law enforcement records management system;
       $1,250,000 for the City of La Verne, CA, Police Department 
     for law enforcement technologies;
       $750,000 for the Los Angeles County, CA, Sheriff's 
     Department for law enforcement technologies;
       $500,000 for the Criminal Justice Information System in 
     Mecklenburg County, NC;
       $250,000 for the Dallas, TX, Police Department for law 
     enforcement technologies;
       $1,000,000 for law enforcement technologies for the 
     Genesee/Finger Lakes region;
       $580,000 for Jasper County, MO, Sheriff's Department for 
     law enforcement technologies;
       $20,000 for the City of Ozark, MO, Police Department for 
     law enforcement technologies;
       $1,000,000 for Greater Harris County, TX, for in-car police 
     technologies;
       $150,000 for the Batavia, IL, Police Department for law 
     enforcement technologies;
       $1,000,000 for the Kendall County, IL, Sheriff's Office for 
     law enforcement technologies;
       $300,000 for the Village of East Dundee, IL, Police 
     Department for law enforcement technologies;
       $250,000 for the DuPage County, IL, Sheriff's Office for 
     law enforcement technologies;
       $250,000 for the City of Bastrop, LA, Police Department for 
     law enforcement technologies;
       $250,000 for the Tuscaloosa County, AL, Sheriff's 
     Department for law enforcement technologies;
       $250,000 for the Shelby County, AL, Sheriff's Department 
     for law enforcement technologies;
       $250,000 for Aurora, CO, for law enforcement technologies;
       $250,000 for the City of Clearwater, FL, Police Department 
     for law enforcement technologies;
       $250,000 for the City of Mobile, AL, Police Department for 
     mobile data terminals;
       $250,000 for the Riverside County, CA, Sheriff's Department 
     for law enforcement technologies;
       $250,000 for the Pasco County, FL, Sheriff's Office for in-
     car cameras;
       $100,000 for the Alexander County, NC, Sheriff's Office for 
     law enforcement technologies;
       $250,000 for the City of Corona, CA, Police Department for 
     law enforcement equipment;
       $110,000 for the Page County, VA, Sheriff's Office for law 
     enforcement technologies;
       $60,000 for the Rappahannock County, VA, Sheriff's Office 
     for law enforcement technologies;
       $60,000 for the Orange County, VA, Sheriff's Office for law 
     enforcement technologies;
       $60,000 for the Goochland County, VA, Sheriff's Office of 
     law enforcement technologies;
       $250,000 for the Delaware Courts Organized to Serve 
     program;
       $250,000 for the Cincinnati, OH, Police Department for a 
     records management system;
       $250,000 for the Orange County, CA, Integrated Law and 
     Justice System;
       $50,000 for the Prince William County, VA, Police 
     Department for law enforcement technologies;
       $950,000 for the Fairfax County, VA, Police Department for 
     law enforcement technologies;
       $50,000 for the Fairfax County, VA, Regional Intelligence 
     Center for law enforcement technologies;
       $50,000 for the Fairfax City, VA, Police Department for law 
     enforcement technologies;
       $250,000 for the Rappahannock, VA, Regional Jail for the 
     criminal information exchange efforts;
       $250,000 for the Blount County, TN, Sheriff's Department 
     for law enforcement technologies;
       $250,000 for the University of Central Florida and the 
     Florida Law Enforcement Consortium to enhance information 
     sharing among law enforcement in Florida;
       $100,000 for the Chesterfield County, VA, Police Department 
     for law enforcement technologies;
       $25,000 for the Dinwiddie County, VA, Sheriff's Office for 
     law enforcement technologies;
       $25,000 for the Isle Wight County, VA, Sheriff's Office for 
     law enforcement technologies;
       $25,000 for the Southampton, VA, Sheriff's Office for law 
     enforcement technologies;
       $100,000 for the City of Chesapeake, VA, Police Department 
     for laptop computers;
       $75,000 for the City of Suffolk, VA, Police Department for 
     law enforcement technologies;
       $150,000 for the Cobb County, GA, Sheriff's Department for 
     the multi-level law enforcement technology project;
       $80,000 for the City of Lynchburg, VA, Police Department 
     for in-car cameras;
       $80,000 for the City of Harrisonburg and Rockingham County, 
     VA, consolidated law enforcement network;
       $190,000 for the Amherst County, VA, for law enforcement 
     technologies;
       $245,000 for the Bristol Township, PA, Police Department 
     for law enforcement technologies;
       $250,000 for Sarasota County, FL, for law enforcement 
     technologies;
       $250,000 for Manatee County, FL, for law enforcement 
     technologies;
       $250,000 for New Castle, PA, for law enforcement 
     technologies;
       $100,000 for the Anson County, NC, Sheriff's Department for 
     mobile data terminals;
       $200,000 for the Illinois State Police to develop an 
     encryption system for criminal justice information;
       $100,000 for the Ashtabula City, OH, Police Department for 
     a computer aided dispatch system;
       $1,300,000 for technology enhancements for law enforcement 
     agencies in Northern Illinois;
       $250,000 for the Counties of Mid-Carolina Council of 
     Government for law enforcement activities;
       $250,000 for the Putnam County, FL, Sheriff's Office for 
     law enforcement technologies;
       $100,000 for the Macomb County, MI, Sheriff's Office for 
     law enforcement technologies;
       $50,000 for the Shelby Township, MI, Police Department for 
     law enforcement technologies;
       $250,000 for the Sacramento County, CA, Sheriff's 
     Department for an identification based information system;

[[Page H10440]]

       $112,000 for the City of Muncie, IN, for a crime scene 
     analysis project;
       $250,000 for the York City, PA, Police Department for 
     equipment to improve information sharing and purchase in-car 
     digital video technology;
       $1,000,000 for the National Sheriff's Association Pegasus 
     program;
       $1,000,000 for the Navajo Nation, AZ, for law enforcement 
     technologies and crime prevention programs;
       $500,000 for the City of Key West, FL, Police Department 
     for law enforcement technologies;
       $125,000 for the City of Bayamon, PR, for law enforcement 
     technologies and crime prevention programs;
       $125,000 for the City of Guaynabo, PR, for law enforcement 
     technologies and crime prevention programs;
       $20,000 for the City of Warren, AR, Police Department for 
     law enforcement technologies;
       $150,000 for the Virginia Beach, VA, Police Department for 
     law enforcement technologies;
       $100,000 for the Hampton, VA, Police Department for law 
     enforcement technologies;
       $50,000 for the Accomack County, VA, Sheriff's Office for 
     law enforcement technologies;
       $50,000 for the Northampton County, VA, Sheriff's Office 
     for law enforcement technologies;
       $250,000 for the Borough of Chambersburg, PA, Police 
     Department for law enforcement technologies;
       $200,000 for the Manchester Township, NJ, Police Department 
     for law enforcement technologies;
       $300,000 for the Kern County, CA, Sheriff's Department for 
     law enforcement technologies;
       $70,000 for the San Luis Obispo County, CA, Sheriff's 
     Department for law enforcement technologies;
       $250,000 for the Kalamazoo County, MI, Justice Integrated 
     Management System;
       $250,000 for the Bernalillo County, NM, Sheriff's 
     Department for law enforcement technologies;
       $1,000,000 for the Worcester Polytechnic Institute, MA;
       $500,000 for a Violent Crime Scene Response Unit in 
     Arizona;
       $500,000 for Technology to Combat Crime and Terrorism in 
     Phoenix;
       $1,000,000 for the WV High Technology Consortium 
     Foundation;
       $500,000 for the Detroit WSU for police initiatives;
       $500,000 for NEMESIS--Sharable Law Enforcement CAD and OMS/
     JMS;
       $1,000,000 for the Missouri Criminal Justice Integration 
     Project;
       $500,000 for the Huntsville, AL, Police Department 
     Technology and Equipment upgrades;
       $500,000 for the Madison County, AL, Sheriff's Dept. 
     Technology and Equipment upgrades;
       $100,000 for the Morgan County, AL, Sheriff's Dept. 
     Technology and Equipment Upgrades;
       $500,000 for the San Mateo County, CA, Sheriff's Office for 
     law enforcement technologies;
       $300,000 for Modesto, CA, for law enforcement technologies;
       $100,000 for Lakewood, NJ, for law enforcement 
     technologies;
       $100,000 for Oakland, CA, for law enforcement technologies;
       $100,000 for Solano County, CA, for law enforcement 
     technologies;
       $250,000 for the Montebello, CA, Police Department for law 
     enforcement technologies;
       $250,000 for Pomona, CA, for law enforcement technologies;
       $188,000 for the Garden Grove, CA, Police Department for a 
     digital camera system;
       $100,000 for Inglewood, CA, for law enforcement 
     technologies;
       $200,000 for Fontana, CA, for law enforcement technologies;
       $100,000 for Colton, CA, for a police communications 
     project;
       $300,000 for Rosemead, CA, for law enforcement 
     technologies;
       $125,000 for Covina, CA, for law enforcement technologies;
       $100,000 for West Covina, CA, for law enforcement 
     technologies;
       $1,000,000 for the San Francisco, CA, Police Department for 
     a records management system;
       $500,000 for Santa Monica, CA, for law enforcement 
     technologies;
       $150,000 for Whittier, CA, for a school resource officers 
     program;
       $200,000 for the Lakewood, CA, Sheriff's Department, for 
     technology improvements;
       $50,000 for the Fullerton, CA, Police Department, for law 
     enforcement technologies;
       $200,000 for Salinas, CA, for the Mobile Automated 
     Fingerprint and Facial Recognition System;
       $200,000 for the Santa Ana, CA, Police Department for law 
     enforcement technologies;
       $500,000 for the Connecticut Department of Safety for law 
     enforcement technologies;
       $500,000 for the Connecticut State Police for law 
     enforcement technologies;
       $100,000 for Baker County, GA, for law enforcement 
     technologies;
       $45,000 for Shellman, GA, for law enforcement technologies 
     and equipment;
       $100,000 for Atlanta, GA, for law enforcement technologies;
       $50,000 for the Illinois State Police Academy;
       $100,000 for the State of Illinois for law communications 
     technologies;
       $450,000 for the South Suburban Mayors and Managers 
     Association, IL, for law enforcement technologies;
       $150,000 for the Village of Niles, IL, for law enforcement 
     technologies;
       $300,000 for Southcom law enforcement technologies in 
     Illinois;
       $145,000 for the Jasper County, IN, Sheriff's Office for 
     law enforcement technologies;
       $200,000 for the Portage, IN, Police Department for law 
     enforcement technologies;
       $25,000 for the Porter, IN, Police Department for 
     technology upgrades;
       $500,000 for the Gary, IN, Police Department for law 
     enforcement technologies;
       $250,000 for the Franklin County, KY, for law enforcement 
     equipment;
       $250,000 for Madison County, KY, for law enforcement 
     technologies;
       $375,000 for North Worcester County, MA, for law 
     enforcement technologies;
       $600,000 for Seekonk, MA, for law enforcement technologies;
       $165,000 for the Middlesex County, MA, Sheriff's Office for 
     offender tracking technologies;
       $150,000 for Howard County, MD, for law enforcement 
     technologies;
       $100,000 for Takoma Park, MD, for law enforcement 
     technology improvements;
       $400,000 for the Prince George's County, MD, Police 
     Department for law enforcement technologies;
       $500,000 for the Maine Bureau of Warden Service for law 
     enforcement technologies;
       $200,000 for the Michigan State Police Criminal Justice 
     Information Network;
       $80,000 for the Chippewa County, MI, Sheriff's Office for 
     law enforcement technologies;
       $50,000 for Alger County, MI, for law enforcement 
     technologies;
       $1,000,000 for the Hennepin County, MN, Sheriff's 
     Department for law enforcement technologies;
       $200,000 for Durham, NC, for law enforcement technologies;
       $100,000 for the Charlotte, NC, Sheriff's Office for law 
     enforcement technologies;
       $150,000 for Orange County, NC, for law enforcement 
     technologies;
       $150,000 for the Morrisville, NC, Police Department for law 
     enforcement technologies;
       $500,000 for the Bismarck, ND, Memorial Police and Training 
     Complex;
       $500,000 for Fargo, ND, for law enforcement technologies;
       $100,000 for Jamesburg, NJ, for law enforcement 
     technologies;
       $100,000 for the Newark, NJ, Police Department for law 
     enforcement technologies;
       $1,000,000 for Jersey City, NJ, for SP law enforcement 
     enhancements;
       $1,100,000 for Hudson County, NJ, for law enforcement 
     technologies;
       $125,000 for the New Mexico Department of Public Safety for 
     law enforcement technologies;
       $100,000 for the Suffolk County, NY, Police Department for 
     law enforcement technologies;
       $310,000 for Rochester, NY, for law enforcement 
     technologies;
       $225,000 for the New York City Haber Houses for law 
     enforcement technologies;
       $500,000 for Westchester and Rockland County, NY, for law 
     enforcement communications;
       $200,000 for Brookhaven, NY, for law enforcement 
     technologies;
       $200,000 for White Plains, NY, for law enforcement 
     technologies;
       $140,000 for Westchester County, NY, for law enforcement 
     technologies;
       $75,000 for Niagara, NY, for law enforcement technologies;
       $150,000 for Poughkeepsie, NY for law enforcement 
     technologies;
       $250,000 for the Ulster County, NY, Sheriff's Department 
     for law enforcement technologies;
       $500,000 for Thompkins County, NY for law enforcement 
     technologies;
       $500,000 for Lucas County, OH, for law enforcement 
     technologies;
       $100,000 for Canby, OR, for law enforcement technologies;
       $150,000 for Coos County, OR, for law enforcement 
     technologies;
       $300,000 for Woodburn, OR, for police technology 
     improvements;
       $200,000 for Clatsop County, OR, for law enforcement 
     technologies;
       $500,000 for the State of Pennsylvania for prison 
     technology upgrades;
       $1,000,000 for the State of Pennsylvania for law 
     enforcement technologies;
       $500,000 for Philadelphia, PA, for law enforcement 
     technologies;
       $250,000 for the Tiverton, RI, Police Department for law 
     enforcement technologies;
       $350,000 for the Central Falls, RI, Police Department for 
     law enforcement technologies;
       $200,000 for the Providence, RI, Police Department for law 
     enforcement technologies;
       $400,000 for the Bamberg County, SC, Sheriff's Department 
     for law enforcement technologies;
       $200,000 for Manning, SC, for law enforcement technologies;
       $500,000 for Florence, SC, for law enforcement 
     technologies;
       $250,000 for the El Paso, TX, Police Department for law 
     enforcement technologies;
       $250,000 for El Paso, TX, for law enforcement technologies;
       $100,000 for Dallas, TX, for law enforcement technologies;

[[Page H10441]]

       $500,000 Waco Police Dept., TX, law enforcement 
     technologies;
       $500,000 for the Waco, TX, Police Department for law 
     enforcement communications;
       $500,000 for the Salt Lake City, UT, Department of Public 
     Safety for law enforcement technologies;
       $250,000 for the Sandy City, UT, Police Department for law 
     enforcement technologies;
       $400,000 for the Alexandria, VA, Police Department for law 
     enforcement technologies;
       $500,000 for the Snohomish County, WA, Sheriff's Office for 
     law enforcement technologies;
       $500,000 for the Kitsap County, WA, Sheriff's Department 
     for law enforcement technologies;
       $200,000 for the Marathon County, WI, Sheriff's Department 
     for law enforcement technologies;
       $200,000 for the Douglas County, WI, Sheriff's Department 
     for law enforcement technologies;
       $300,000 for the Sun Prairie, WI, Police Department for law 
     enforcement technologies;
       $250,000 for Andover, KS, police technology equipment;
       --$100,000 for the Borough of Waynesboro, Franklin County, 
     PA;
       --$600,000 for the City of Radcliff Law Enforcement 
     Equipment, KY;
       --$300,000 for the City of Reading, PA, Integrated 
     Geographic Information System;
       --$150,000 for the City of St. Joseph and Heartland Health 
     Law Enforcement Communication System, MO;
       --$150,000 for the Clarion County, PA, Geographic 
     Information System;
       --$1,000,000 for the continuation of digital radio 
     conversion, NH;
       --$400,000 for the Corpus Christi Radio Communications and 
     Security Equipment, TX;
       --$150,000 for the Derry Township, PA, Police Department;
       --$150,000 for the Dona Ana County, NM, Command Post 
     Vehicle;
       --$300,000 for the ECU Center for Excellence--Criminal 
     Justice, OK;
       --$300,000 for El Paso, TX, Interoperability;
       --$100,000 for the enforcement of crime identification 
     assistance for the City of Kodiak, AK;
       --$300,000 for the Extend Radio System, WY;
       --$200,000 for the Hopkinsville-Christian County--Pennyrile 
     Narcotics Task Force Partnership Equipment, KY;
       --$100,000 for In-Car Video Deployment, City of Martin, TN;
       --$100,000 for Interagency Communications in GA;
       --$200,000 for the Internet Scale Event and Attack 
     Generation Environment at ISU;
       --$400,000 for the Iowa State Patrol TraCS software and 
     computer upgrade;
       --$400,000 for the Jefferson County Commission, AL, for 
     video conferencing equipment for the Jefferson County 
     Criminal Justice Center;
       --$100,000 for the Jefferson County, CO, COPLINK;
       --$1,000,000 for the Johnson County, KS, Sheriff's Office;
       --$125,000 for the Kansas Attorney General, for equipment;
       --$125,000 for the Kansas Bureau of Investigation mobile 
     data terminals;
       --$600,000 for the Keene State College/UNH public safety 
     management system;
       --$2,500,000 for the Land Mobile Radio migration for a 
     multi-agency communications network in AK;
       --$1,000,000 for the Land Mobile Radio site infrastructure 
     equipment and portable radios for the Kenai Peninsula 
     Borough, AK;
       --$1,500,000 for the Land Mobile Radio/Public Safety 
     Communications for Anchorage Infrastructure, AK;
       --$240,000 for Las Cruces, NM, Communications 
     Infrastructure;
       --$100,000 for the Police Department Command Center in 
     Billings, MT;
       --$100,000 for the Police Department Indoor Firearms Range 
     in Billings, MT;
       --$200,000 for the Las Vegas, NV, Identity Theft Center;
       --$100,000 for the Greenville County, SC, communications 
     system;
       --$300,000 for the Huntsville, Alabama Police Department 
     equipment upgrades;
       --$1,500,000 for the Matanuska Susitna Borough Emergency 
     Response Radio Network, AK;
       --$160,000 for the Mayfield, KY, Police Department for 
     equipment;
       --$1,000,000 for the mobile computers for Wasilla, AK, for 
     police squad cars;
       --$350,000 for the Montana Supreme Court Video 
     Conferencing;
       --$150,000 for the Newport, RI, Area Interoperable 
     Surveillance Network Upgrade;
       --$750,000 for the Records Interoperability through CATlab 
     in NH;
       --$1,500,000 for the Regional Law Enforcement 
     Communications System, City of Memphis and Shelby County;
       --$300,000 for the Rural Utah Law Enforcement Tech Program;
       --$100,000 for the Simpson County improvement to technology 
     center, KY;
       --$1,000,000 for the Southaven Police Department for 
     radios/equipment in MS;
       --$250,000 for the Statewide Computer Aided Dispatch [CAD] 
     System, NE, State Patrol;
       --$2,000,000 for the statewide implementation of public 
     safety technology through the University of New Hampshire;
       --$265,000 for the Training Academy Driver Simulator for 
     the State of Alaska;
       --$2,000,000 for the Training Village Public Safety Officer 
     in the State of Alaska;
       --$300,000 for the CrimeTracks Georgia;
       --$250,000 for Voice Viewer Technologies and Law 
     Enforcement in WY;
       --$100,000 for the Western Forensic Science and Law 
     Enforcement Training Center in CO;
       --$500,000 for the Yazoo City, MS, Police Department;
       --$300,000 for the Delaware State Police for the Automatic 
     Fingerprint Identification System;
       --$200,000 for the New Castle County, DE, Police 
     Department, for an upgraded records management system;
       --$500,000 for the Interagency Communications 
     Interoperability System [ICIS] in CA;
       --$500,000 for the Solano County, CA, Radio 
     Interoperability Project;
       --$350,000 for the Snohomish County, WA, Sheriff Palm AFIS 
     System;
       --$60,000 for the Westchester County, NY, Police Department 
     Interagency Radio Interconnect;
       --$500,000 for the Town of North Hempstead, NY, Police 
     Department Communication Management System;
       --$1,000,000 for the Camden County, NJ, Law Enforcement 
     Technology;
       --$500,000 for the Hudson County, NJ, Law Enforcement 
     Technology;
       --$450,000 for the North East Minnesota Enforcement and 
     Safety Information System [NEMESIS];
       --$1,000,000 for the Fargo, ND, Interoperable 
     Communications System;
       --$400,000 for the Bismarck ND, Memorial Training Complex;
       --$100,000 for technology upgrades for the Williamson 
     County, IL, Sheriff's Department;
       --$3,000,000 for the South Carolina Judicial Department 
     Case Docket System;
       --$4,000,000 for the Southeast National Law Enforcement 
     Technology Center for the Backscatter and high-energy 
     technology transmission x-ray technology;
       --$100,000 for the Arlington County, VA, for the Sheriff's 
     Office for a pilot program to test a geo-location network;
       --$400,000 for the Burlington, VT, Police Technology Grant;
       --$100,000 for the Middlebury, VT, Police Technology Grant;
       --$100,000 for the Bellows Falls, VT, Police Technology 
     Grant;
       --$325,000 for the Oglala Sioux Tribe, South Dakota for 
     technology and equipment;
       --$750,000 for the Massachusetts Law Enforcement Technology 
     and Training Support Center;
       --$100,000 for the Essex County, MA, law enforcement 
     technology;
       --$500,000 for the Milwaukee Police Department Mobile Two-
     Finger ID System, WI;
       --$90,000 for the Town of Brookfield Police Department 
     Technology Upgrades, WI;
       --$100,000 for the City of Elizabeth, NJ, Law Enforcement 
     Communication
       Interoperability Enhancement;
       --$300,000 for the St. Clair County, MI, Sheriff's 
     Department Communications towers and equipment upgrades;
       --$200,000 for the Downriver Mutual Aid communications 
     equipment, MI;
       --$750,000 for the Arkansas State Police Automated 
     Fingerprint Identification System;
       --$1,400,000 for the Montgomery County, MD, Police 
     Department for National Capital Region Criminal 
     Identification System Update;
       --$400,000 for the Wireless High Speed Network for Prince 
     George's County, MD;
       --$700,000 for the City of Rockville, MD, COPS Technology 
     Grant;
       --$1,000,000 for the Pierce County, WA, Police Rapid Mobile 
     Response Network;
       --$500,000 for Miami-Dade County, FL, Law Enforcement 
     Technology Enhancements;
       --$250,000 for the Alachua County/City of Gainesville, FL, 
     Enforcement Communications Upgrade;
       --$150,000 for Providence, RI, Police Department 
     Technology;
       --$150,000 for the Smithfield, RI, Police Department 
     Emergency Management Operation Center;
       --$1,500,000 for the Las Vegas, NV, Metropolitan Police 
     Department Communications System;
       --$155,000 for the Churchill County, NV, Sheriff's Office 
     Interoperability Communication Project; and
       --$200,000 for the Boulder City, NV, Wireless 
     Communications Canopy;
       Crime Identification Technology Act.--The conference 
     agreement includes $28,450,000 for the Crime Identification 
     Technology Act program. Within the overall amounts 
     recommended, the conferees expect OJP to examine each of the 
     following proposals, to provide grants if warranted, and to 
     submit a report to the Committees on Appropriations on its 
     intentions for each proposal:
       $2,000,000 for the Harrison County Public Safety Automated 
     Systems in MS;
       $200,000 for the City of St. Paul/Ramsey County co-location 
     of public safety equipment in MN;
       $325,000 for North Carolina Supreme Court Security;
       $200,000 for the MAGIC Pegasus Project for the Jefferson 
     County Sheriff in AL;
       $600,000 for a Case and Document Management in MT;
       $150,000 for the Marion County, MS, Sheriff's Department 
     for equipment;
       $250,000 for the Pascagoula, MS, Police Department for 
     equipment;

[[Page H10442]]

       $1,000,000 for the Alaska Court System Information Network;
       $4,000,000 for the Marshall University Forensic Science DNA 
     Lab in WV;
       $4,000,000 for the West Virginia University Forensic 
     Science Initiative;
       $525,000 for Marshall University Computer Forensics in WV;
       $1,000,000 for the Forensic DNA Analysis Lab at North 
     Dakota University;
       $11,050,000 for the South Carolina Judicial Department case 
     document system;
       $1,000,000 for the Honolulu PD Crime Lab in HI;
       $500,000 for the Fox Valley Technical College [FVTC] DNA 
     Training Initiative in WI;
       $1,000,000 for equipment and planning for the Vermont 
     Forensics Laboratory; and
       $400,000 for the Vermont Incident Based Reporting System.
       DNA Initiative.--The conference agreement includes 
     $110,000,000 for a DNA analysis and capacity enhancement 
     program including eliminating casework backlogs, eliminating 
     offender backlogs, strengthening crime lab capacity, training 
     of the criminal justice community and identifying missing 
     persons. OJP shall submit a financial plan for this program 
     within 60 days of enactment of this Act. In addition, the 
     conference agreement provides $15,000,000 for Paul Coverdell 
     Forensic Sciences Improvement grants.
       Safe Schools Initiative.--The conference agreement includes 
     $4,325,000 for programs aimed at preventing violence in 
     public schools, and to support the assignment of officers to 
     work in collaboration with schools and community-based 
     organizations to address the threat of terrorism, crime, 
     disorder, gangs, and drug activities.
       Within the amount provided, the COPS Office should examine 
     each of the following proposals, provide grants if warranted, 
     and submit a report to the Committees on Appropriations on 
     its intentions for each proposal:
       $750,000 for the Alaska Community in Schools Mentoring 
     Program;
       $300,000 for the Granite School District Anti-Violence 
     Project in UT;
       $125,000 for the HOPE for Henderson Juvenile Justice in KY;
       $200,000 for the Martin Luther King, Jr. Center for Non-
     Violence in PA;
       $500,000 for the School-Based Violence Prevention and 
     Mentoring in IL;
       $1,200,000 for the Schools and Communities Coming Together 
     in MT; and
       $1,250,000 for the Youth Advocates Programs in SC.

                       Juvenile Justice Programs

       The conference agreement includes $384,177,000 for Juvenile 
     Justice programs, instead of $349,000,000 as proposed by the 
     House and $360,000,000 as proposed by the Senate. The 
     conference agreement provides for the following programs:

                       [In thousands of dollars]

        Program                                                  Amount
Part A--Coordination of Federal Efforts..........................$3,000
Part B--State Formula............................................84,000
Part D--Research and Development.................................10,000
Part E--Demonstration Projects..................................102,177
Juvenile Mentoring Program.......................................15,000
  Big Bothers/Big Sisters.......................................(7,000)
Title V--Incentive Grants........................................80,000
  Tribal Youth.................................................(10,000)
  Gang Prevention..............................................(25,000)
  Enforcing Underage Drinking Laws Program.....................(25,000)
Secure Our Schools Act...........................................15,000
Victims of Child Abuse Programs..................................15,000
Juvenile Accountability Block Grant..............................55,000
Project Childsafe.................................................5,000
                                                       ________________
                                                       
    Total.......................................................384,177
       Concentration of Federal Efforts.--The conferees commend 
     the Office of Juvenile Justice and Delinquency Prevention 
     (OJJDP) for its leadership of the Coordinating Council on 
     Juvenile Justice and Delinquency. The conferees understand 
     that there has been an increase in interest and membership 
     which has allowed the Council to more effectively examine and 
     address the Federal, State and local response to juvenile 
     justice issues. The conferees strongly support the Council's 
     efforts in addressing truancy, children's mental health 
     issues, and adolescent substance abuse issues, as well as 
     their role on the White House Task Force for disadvantaged 
     youth.
       Discretionary Grants.--The conference agreement includes 
     $102,177,000 for part E programs. Within the amounts 
     provided, OJP is expected to review the following proposals, 
     provide grants if warranted, and report to the Committees on 
     Appropriations on its intentions:
       $1,900,000 for law-related education;
       $1,500,000 for Girls and Boys Town, U.S.A.;
       $1,750,000 for the National Council of Juvenile and Family 
     Court Judges;
       $750,000 for Teens, Crime and Community;
       $4,000,000 for the Eisenhower Foundation for the Youth Safe 
     Haven program;
       $250,000 for Lea County, NM, for a juvenile corrections 
     education program;
       $150,000 for the Fort Worth Comin' Up Gang Violence 
     Prevention program, TX
       $700,000 for the University of South Alabama for youth 
     violence prevention research;
       $250,000 for the University of Connecticut for a juvenile 
     delinquency prevention program;
       $200,000 for the Rhode Island Court Truancy Court Program;
       $500,000 for the Dakota Boys Ranch Mentoring Program in ND;
       $200,000 for the Colton Police Activities League [PAL] 
     Program in CA;
       $700,000 for the Los Angeles Community Law Enforcement and 
     Recovery Program [CLEAR];
       $1,600,000 for the continuation of the Office of Juvenile 
     Justice and Delinquency Prevention's Protecting Our Children: 
     Working Together to End Child Prostitution program;
       $600,000 for Northwestern University's Juvenile Project;
       $1,750,000 for Parents Anonymous;
       $500,000 for the Stark County Court, Juvenile Pre-Trial 
     Services Office to assist with the implementation of early 
     intervention strategies for targeted youth in Stark County, 
     OH;
       $500,000 for the juvenile delinquency prevention programs 
     in Massillon, OH;
       $100,000 for A Child is Missing, Inc. in OH;
       $225,000 for the Family, Career, and Community Leaders of 
     America ``Stop the Violence'' program;
       $250,000 for the Buckhorn Lake Children's Center for 
     programs to serve at-risk youth;
       $250,000 for Prevent Child Abuse America for the programs 
     of the National Family Support Roundtable;
       $750,000 for the ACA--NY for an anti-drinking program for 
     children ages 11 and above;
       $3,000,000 for the Hamilton Fish National Institute on 
     School and Community Violence;
       $650,000 for Learning for Life;
       $350,000 for the Virginia Attorney General's Office for 
     Class Action and other educational programs in Virginia 
     schools;
       $1,000,000 for the Center for Successful Parenting;
       $700,000 for the Association of Christian Community 
     Computer Centers;
       $500,000 for Youth for Tomorrow;
       $225,000 for the Memorial Child Guidance Clinic's Child 
     SAVE program;
       $200,000 for the Farmington Children's Home for delinquency 
     prevention programs;
       $200,000 for Operation Blue Ridge Thunder;
       $750,000 for the Tarrant County Youth Collaboration for a 
     child abuse prevention program;
       $750,000 for the Residential Care Consortium for 
     delinquency prevention programs;
       $75,000 for Waukon, IA, for a youth intervention program;
       $400,000 for the IMPACT/Night Light Program in San 
     Bernardino County, CA, to team police officers with probation 
     officers to reduce juvenile crime;
       $250,000 for the Child Endangerment Response Coalition in 
     Spokane, WA;
       $500,000 for the International Youth Service and 
     Development Corps. for programs in Washington, DC;
       $300,000 for Project Choice, a gang prevention program in 
     Syracuse, NY;
       $300,000 for the Violence Intervention and Prevention 
     Project in Syracuse, NY;
       $1,500,000 for the Drug Free America Foundation for an 
     anti-drug program for youth, parents, and teachers;
       $500,000 for Eckerd Youth Alternatives to divert at-risk 
     and troubled youth from the criminal justice system through 
     residential and community-based programs;
       $250,000 for the Pinellas County, FL, Police Athletic 
     League;
       $250,000 for the Florida Gulf Coast University Interagency 
     Family Assessment Team program for at-risk youth;
       $500,000 for the Marcus Institute in Atlanta, GA, for a 
     juvenile crime and delinquency study;
       $250,000 for the ARISE Foundation;
       $250,000 for the Miami-Dade Juvenile Assessment Center;
       $250,000 for Darkness to Light;
       $60,000 for the Page County, VA, Sheriff's Office for a 
     juvenile crime prevention program;
       $100,000 for the City of South Bend, IN, youth gang 
     violence prevention initiative;
       $100,000 for the CHKD Child Abuse Program;
       $250,000 for the South Carolina Department of Juvenile 
     Justice for statewide technology system enhancements;
       $500,000 for the Daytop, NJ, alcohol and drug treatment 
     program for at-risk youth;
       $250,000 for the Ohel Children's Home & Family Services for 
     a child abuse prevention program;
       $250,000 for juvenile delinquency prevention programs in 
     Van Wert, OH;
       $100,000 for the Laurinburg, NC, for a juvenile delinquency 
     program;
       $150,000 for the DuPage County, IL, Youth Mentoring 
     Program;
       $250,000 for the Teen Challenge program for at-risk youth 
     in IL;
       $250,000 for the Covenant House New Jersey's Right of 
     Passage program;
       $700,000 for the Wayne County, MI, for a juvenile mentoring 
     program;
       $100,000 for the Boys and Girls Home of Nebraska;
       $45,000 for the Generation Next Youth Empowerment Program 
     in Dumas, AR, to prevent juvenile delinquency;
       $200,000 for A Child Is Missing, Inc, FL;
       $1,500,000 for World Vision for at-risk youth programs;
       $150,000 for Greater Trenton, NJ, for an at-risk youth 
     program;
       $250,000 for the Healthy Schools Initiative in NJ;
       $100,000 for A Child Is Missing, Inc, OK;

[[Page H10443]]

       $250,000 for a juvenile court program in Philadelphia, PA;
       $100,000 for the LaSalle, IL, Child Advocacy Center;
       $100,000 for Operation Take Back Narcotics Enforcement in 
     Detroit, MI
       $750,000 for the California Safe from the Start;
       $750,000 for the Bay Area Youth Violence Prevention 
     Network;
       $450,000 for the San Francisco, CA, ``Safe Streets 
     Project'';
       $100,000 for the City Parks Foundation programs for at-risk 
     youth in the Bronx, NY;
       $500,000 for the Lehman College, NY, program for at-risk 
     youth;
       $100,000 for the Woodycrest, NY, program for at-risk youth;
       $100,000 for the Adventist Healthcare Facility, MD, for an 
     at-risk youth program;
       $100,000 for the DePaul Stand Tall Program;
       $300,000 for Fordham University's Regional Education 
     Technology Center to assist at-risk youth;
       $75,000 for the Fordham Youth Ministry for teens;
       $250,000 for Project Avary--Children of Imprisoned Parents;
       $100,000 for the After-School Alliance National Resource 
     Center;
       $100,000 for the Sistas and Brothas alternatives to gangs 
     and drugs;
       $200,000 for Youth Ministries for Peace and Justice;
       $400,000 for the Mary Mitchell Family and Youth Center 
     programs for families and teens;
       $475,000 for the Boys and Girls Home and Family Services, 
     IA;
       $300,000 for an at-risk youth program in Chicago schools;
       $700,000 for Messiah College, PA, programs for at-risk 
     teens;
       $100,000 for the Marion County, OR, for the Children of 
     Incarcerated Parents Initiative;
       $100,000 for the Marion County, OR, for Co-occurring 
     Disorders Pilot Project for at-risk youth;
       $200,000 for the Clackamas County, OR, Juvenile Community 
     Assessment Center;
       $500,000 for the Granite, UT, Rock Solid Project for at-
     risk youth;
       $300,000 for the Spurwink Institute program for at-risk 
     youth;
       $1,000,000 for the Washington State School Security 
     program;
       $500,000 for the USTA for at-risk youth;
       $200,000 for the Barron County Restorative Justice Truancy 
     Initiative;
       $200,000 for Phipps Houses;
       $900,000 for Philadelphia's College Opportunity Resources 
     for Education (C.O.R.E.) initiative for at-risk youth;
       $100,000 for the At-Risk Youth Entrepreneurship Program at 
     New Covenant Campus, PA;
       $1,000,000 for the City of Toledo, OH, Police Athletic 
     League Youth Center for at-risk youth;
       $500,000 for Opportunities, Alternatives, and Resources for 
     youth;
       $100,000 for Substance Abuse Prevention for Youth, MA;
       $200,000 for the Liberty's Promise programs for youth;
       $100,000 for the Indiana ``No Workshops, No Jumpshots'' 
     program for at-risk youth;
       $150,000 for the Thomas Area Teen Center for youth;
       $150,000 for the City of Dawson, GA, Youth Advocacy;
       $200,000 for the Muscogee County, GA, National Model 
     Parenting Center;
       $75,000 for the Mitchell County, GA, Youth Advocacy and 
     Outreach Program;
       $500,000 for Youth Crime Watch, FL;
       $200,000 for Jump Start Tallahassee, FL, for at-risk youth;
       $500,000 for the Juvenile Justice Education Program Model 
     Study for teens;
       $150,000 for the Overtown Youth Center, Miami, FL;
       $200,000 for Florence Crittendon programs for at-risk 
     teens;
       $250,000 for the Richland County, SC, ScoutReach program;
       $100,000 for the Village of Riverdale, IL, programs for 
     youth;
       $200,000 for the TechMission Youth Program for at-risk 
     kids, MA;
       $200,000 for Operation Quality Time for at-risk youth, AZ;
       $150,000 for the April Michelle West Foundation's Winners 
     by Choice program for at-risk teens;
       $250,000 for the Camp Police Athletic League of NJ;
       $200,000 for Soundview Community in Action for outreach for 
     teens, NY;
       $150,000 for the Project Parkchester Youth Zone;
       $100,000 for the Hope and Help for All Foundation At-Risk 
     Juvenile Mentoring Program;
       $200,000 for the Community Outreach Center Drug Prevention 
     Program, NY;
       $200,000 for the Bronx, NY, Cluster of Settlement Houses 
     At-Risk Youth Mentoring Program;
       $300,000 for the Anti-Gang Initiative of the Urban League 
     of Long Island, NY;
       $50,000 for City Parks Foundation programs for at-risk 
     youth--Queens, NY;
       $250,000 for the ABT programs for at-risk youth;
       $150,000 for Fortune Society programs for children of 
     incarcerated parents in NY;
       $225,000 for the Nassau County, NY, Youth Board programs;
       $50,000 for the Nassau County, NY, Police Dept. programs 
     for at-risk youth;
       $225,000 for the Grace Multi-Community Development 
     Corporation, Uniondale, NY;
       $250,000 for the Roy Wilkins Park Family Center, Project 
     Re-Connect;
       $100,000 for the GRADS Foundation, Inc. programs for at-
     risk youth;
       $310,000 for BAM programs to prevent juvenile delinquency;
       $140,000 for the New York Acorn programs to prevent teen 
     delinquency;
       $100,000 for the Community Service Society/Enterprise Corps 
     programs for at-risk kids, NY;
       $200,000 for the Harlem, NY, RBI programs for at-risk 
     youth;
       $200,000 for the NYC College of Tech at-risk youth 
     education;
       $75,000 for the Downtown Learning Center--expansion of 
     programs for at-risk youth, NY;
       $75,000 for City Parks Foundation programs for at-risk 
     teens in East NY;
       $250,000 for the Project Intercept program to prevent at-
     risk youth from turning to drugs, NY;
       $100,000 for the Brooklyn Arts Council's Arts in Education 
     Program for at-risk youth;
       $60,000 for the Gilbert-Lindsay Center for Youth;
       $100,000 for the Junior Aztec Fire Fuels Crew programs for 
     at-risk kids in Cypress Park, CA;
       $250,000 for the Northeast Trees at risk youth program;
       $40,000 for the Reach Our Community Kids (ROCK);
       $100,000 for the Eagle Rock Center ``Will Power to Youth'' 
     programs, CA;
       $250,000 for Texas A&M University in Corpus Christi 
     programs decreasing behaviors in at-risk youth;
       $500,000 for the Hispanic National Juvenile Delinquency 
     Prevention Program--Self-Reliance Foundation;
       $150,000 for the City of Norwalk, CA for the Teen Alliance 
     Program;
       $250,000 for the Before- and After-School Delinquency 
     Prevention Program, TX;
       $150,000 for the Gang Alternative Program in Southeast Los 
     Angeles County, CA;
       $500,000 for the Texas A&M Center for at-risk youth;
       $200,000 for the SBH Services for at-risk youth, NY;
       $200,000 for the Boricua College Project Success for at-
     risk youth, NY;
       $200,000 for the NYC YD programs for at-risk teens, NY;
       $100,000 for the Loisaida Youth Leadership Academy for at-
     risk kids, NY;
       $250,000 for the La Esperanza Home for Boys, TX;
       $250,000 for the Anaheim, CA, Police Activities League 
     Center;
       $500,000 for the Los Angeles County, CA, Friends of Child 
     Advocates;
       $100,000 for the Teen Shelter, AL, programs for at-risk 
     teens;
       $100,000 for the Northwest Alabama Children's Advocacy 
     Center;
       $50,000 for the Morgan County, AL, Child Advocacy Center;
       $250,000 for the Gateway Healthcare in Pawtucket, RI, 
     programs for at-risk youth;
       $500,000 for the Rhode Island Family Court programs for 
     youth and families;
       $500,000 for the Folwell Neighborhood Association, MN, 
     programs for kids;
       $100,000 for the Collaborative Drug Intervention 
     Committees, NJ;
       $100,000 for the Lena Park Development Corporation for 
     services for at-risk youth, MA;
       $100,000 for the Stillman College Juvenile Justice 
     Delinquency Prevention Program, AL;
       $100,000 Amer-I-Can program for youth, IL;
       $100,000 for the Old King's Orchard Community Center Teen 
     Reach Program, IL;
       $100,000 for the Juvenile Justice Center at Suffolk 
     University Law School, MA;
       $100,000 for the Vermont Coalition of Teen Centers;
       $500,000 for the Youth Development and Crime Prevention 
     Initiative, CA;
       $60,000 for the Middlesex District Attorney Citizenship in 
     Action Institute;
       $300,000 for the Jovenes program for at-risk youth;
       $150,000 for NYC Arts for at-risk youth;
       $200,000 for the Medgar Evers at-risk youth program;
       $100,000 for the VA ``No Workshops, No Jumpshots'';
       $100,000 for Metropolitan Family Services for at-risk 
     youth;
       $200,000 for the Mayor's Time disadvantaged and at-risk 
     youth program;
       $100,000 for Wayne County, MI, Teen Court;
       $375,000 for a Salinas Gang Violence program for at-risk 
     youth;
       $200,000 for the Washington County, OR, for a juvenile 
     justice prevention program;
       --$400,000 for the Alabama Council on Substance Abuse-
     NCADD;
       --$2,000,000 for the Alaska Child Advocacy Center for a 
     child abuse investigation program;
       --$600,000 for the Alaska Children's Trust child abuse 
     prevention program;
       --$750,000 for the Alaska Mentoring Demonstration Project 
     for a statewide at-risk youth mentoring program;
       --$1,000,000 for the Alaska Youth Courts;
       --$300,000 for An Achievable Dream program in VA;
       --$2,000,000 for the Anaheim Learning Center in CA;

[[Page H10444]]

       --$3,000,000 for the Cal Ripken, Sr., Foundation;
       --$602,000 for the Child Support Enforcement Incentives in 
     AK;
       --$100,000 for the Clinton County, PA, Action Team Against 
     Drugs;
       --$1,000,000 for the Crimes Against Children Research 
     Center at the University of New Hampshire;
       --$100,000 for the Child Protection Program/Nez Perce 
     Tribe, Lapwai, ID;
       --$75,000 for the Shelby County, TN, Youth Violence and 
     Gang Prevention--Initiative;
       --$500,000 for the Daniel Webster Boy Scout Council for 
     outdoor education;
       --$3,000,000 for the Life Skills Training Program in Saint 
     Augustine, FL;
       --$1,750,000 for the Girl Scouts Beyond Bars and PAVE 
     programs;
       --$600,000 for the Iowa Mentor Center for a rural mentoring 
     program in partnership with Big Brothers/Big Sisters;
       --$300,000 for the Jackson, MS, Juvenile Justice & 
     Delinquency Prevention Program;
       --$4,000,000 for the Junior Achievement program;
       --$200,000 for the Juvenile Fire Setters Prevention 
     Program;
       --$100,000 for the Juvenile Justice Program Enhancement in 
     UT;
       --$100,000 for the Juvenile Justice Work Program in UT;
       --$75,000 for the Lonesome Pine Office on Youth in VA;
       --$250,000 for the MO Juvenile Justice Labs;
       --$200,000 for the Morning Star Ranch, Florence, KS;
       --$125,000 for the Native American Liaison at the Child and 
     Family Intervention Center in Billings, MT;
       --$100,000 for the New Hampshire Expansion of the Go Girl 
     Go program;
       --$300,000 for the State of New Mexico for juvenile 
     offenders;
       --$225,000 for the University of Southern Mississippi 
     Citizenship and Justice Academy;
       --$350,000 for the USM Family Network Partnership Program;
       --$600,000 for the Western Kentucky University Spotlight 
     Youth Program;
       --$200,000 for the Winona State University Child 
     Protection/Training Center in Minnesota;
       --$100,000 for the ``I Have a Dream'' Foundation;
       --$800,000 for the Juvenile Justice Information System in 
     HI;
       --$600,000 for Children & Families First of DE;
       --$200,000 for the New Mexico Police Athletic League;
       --$750,000 for the Outdoor Education Center project, 
     Harpers Ferry, WV;
       --$350,000 for Women In Support of the Million Man March in 
     Newark, NJ;
       --$150,000 for Brookdale Community College for Project 
     OPTIMIST in NJ;
       --$400,000 for the Generations of Hope program in IL;
       --$100,000 for the Horizons for Youth program in IL;
       --$250,000 for the San Jose, B.E.S.T At-Risk Youth and 
     Anti-Gang Program in CA;
       --$500,000 for the Drug Endangered Children program in IA;
       --$325,000 for Court Teams for Maltreated Infants and 
     Toddlers in IA;
       --$200,000 for WINGS for kids, SC;
       --$100,000 for the Children in Crisis in SC;
       --$3,000,000 for the Hawaii Rural Youth Outreach Program;
       --$750,000 for the Families and Schools Together (FAST) in 
     Wisconsin;
       --$60,000 for the Eau Claire County Restorative Justice 
     Program in WI;
       --$150,000 for the Milwaukee Summer Stars program in WI;
       --$500,000 for Louisiana Children's Advocacy Centers;
       --$300,000 for the Washington County Youth Service Bureau, 
     VT;
       --$250,000 for the Nevada Child Seekers;
       --$200,000 for the Computer Corp Skills and Knowledge 
     Acquired Toward Enhancing Success in NV;
       --$100,000 for the S.A.F.E. House Domestic Violence 
     Counseling Center in NV;
       Enforcing the Underage Drinking Laws Program.--Within the 
     funds provided in the At Risk Children Program (Title V), the 
     conference agreement provides $25,000,000 for grants to 
     assist States in enforcing underage drinking laws.
       Gang Prevention.--The conference agreement includes 
     $25,000,000, within Title V grants, for OJP to administer a 
     gang resistance and education program. These funds shall be 
     available to develop comprehensive community strategies to 
     address gangs, including anti-gang education programs and 
     coordination with Federal, State and local law enforcement. 
     This program shall be administered by the Bureau of Justice 
     Assistance with assistance from the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives, and the Office of Juvenile 
     Justice and Delinquency Prevention.
       Internet Safety.--The conferees strongly support programs 
     that provide various services and resources to protect 
     children from being vulnerable to on-line predators. The 
     conferees understand there are a multitude of arenas where 
     parents, law enforcement personnel, school personnel and 
     after-school programs can obtain information about Internet 
     safety. The conferees desire a better understanding of what 
     types and how many Internet safety programs are being 
     Federally funded. The conferees direct the Administrator of 
     the Office of Juvenile Justice, in coordination with the 
     Coordinating Council on Juvenile Justice and Delinquency, to 
     submit a report on federally funded internet safety programs 
     to the Committees on Appropriations within 180 days of the 
     enactment of this Act.
       Victims of Child Abuse Act.--The conference agreement 
     includes $15,000,000 for the various programs authorized 
     under the Victims of Child Abuse Act (VOCA). The 
     recommendation provides the following:
       $3,000,000 for Regional Children's Advocacy Centers, as 
     authorized by section 213 of VOCA;
       $9,500,000 for local Children's Advocacy Centers, as 
     authorized by section 214 of VOCA;
       $50,000 for the National Children's Advocacy Center in 
     Huntsville, AL, to implement a training program;
       $850,000 for the National Children's Alliance for technical 
     assistance and training, as authorized by section 214a of 
     VOCA; and
       $1,600,000 for the National Center for Prosecution of Child 
     Abuse for specialized technical assistance and training 
     programs to improve the prosecution of child abuse cases, as 
     authorized by section 214a of VOCA.

                    Public Safety Officers Benefits

       The conference agreement includes $69,464,000 for this 
     account, including $63,054,000 for death benefits, $3,615,000 
     for disability benefits, and $2,795,000 for education 
     benefits.

               General Provisions--Department of Justice

       The conference agreement includes the following general 
     provisions for the Department of Justice:
       Section 101 provides language making up to $60,000 of the 
     funds appropriated to the Department of Justice available to 
     the Attorney General for reception and representation 
     expenses.
       Section 102 provides language, included in prior 
     Appropriations Acts, which prohibits the use of funds to 
     perform abortions in the Federal Prison System.
       Section 103 provides language, included in previous 
     Appropriations Acts, which prohibits use of the funds in this 
     bill to require any person to perform, or facilitate the 
     performance of, an abortion.
       Section 104 provides language, included in previous 
     Appropriations Acts, which states that nothing in the 
     previous section removes the obligation of the Director of 
     the Bureau of Prisons to provide escort services to female 
     inmates who seek to obtain abortions outside a Federal 
     facility.
       Section 105 includes language providing authorization for 
     Department of Justice programs until the effective date of a 
     subsequent Justice authorization act.
       Section 106 provides language allowing the Department of 
     Justice, subject to the Committees' reprogramming procedures, 
     to transfer up to 5 percent between any appropriation, but 
     limits to 10 percent the amount that can be transferred into 
     any one appropriation. The provision also prohibits transfers 
     of funds from the Bureau of Prisons Buildings and Facilities 
     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.
       Section 107 provides language to continue section 114 of 
     Public Law 107-77 during fiscal year 2005.
       Section 108 includes language regarding additional funding 
     for Project Seahawk.
       Section 109 provides for the extension of the Personnel 
     Management Demonstration Project for certain positions of the 
     Bureau of Alcohol, Tobacco, Firearms and Explosives.
       Section 110 prohibits the Drug Enforcement Administration 
     from establishing procurement quotas in certain 
     circumstances.
       Section 111 provides for the establishment of procurement 
     quotas for certain drugs following the approval of a new drug 
     application.
       Section 112 empowers the Director of the FBI to, on a case-
     by-case basis, delay the mandatory retirement age of 57 for 
     FBI agents until the agent reaches 65 years of age. 
     Currently, the Director is authorized to delay mandatory 
     retirement until the agent reaches 60 years of age. This 
     provision does not require agents to work past the age of 57, 
     but gives the Director the authority to extend agents until 
     the age of 65 in certain circumstances.
       Section 113 provides the Director of the FBI with the 
     authority, after consultation with the Office of Personnel 
     Management (OPM), to provide retention and relocation bonuses 
     to employees with high or unique qualifications who in the 
     absence of bonuses would likely leave the FBI. The provision 
     also allows for retention and relocation bonuses for 
     individuals transferred to a different geographic area with a 
     higher cost of living. A bonus may total up to 50 percent of 
     an employee's basic rate of pay.
       Section 114 authorizes the Director of the FBI to provide 
     for the establishment and training of an FBI Reserve Service 
     that would facilitate streamlined, temporary re-hiring from a 
     pre-certified cadre of retired FBI employees who possess the 
     specialized skills required to deal with the demands of a 
     crisis or other special situation. The provision will allow 
     the FBI to quickly access experienced employees in the event 
     of an emergency, without adversely impacting reserve service 
     members' retirement pay.
       Section 115 authorizes the FBI, in conjunction with the 
     Office of Management and

[[Page H10445]]

     Budget and the Office of Personnel Management, to pay 
     critical intelligence positions up to an Executive Schedule I 
     salary provided that the position is determined to be (1) a 
     high level position in a scientific, technical, professional, 
     or administrative field, and (2) critical to the FBI's 
     mission.
       Section 116 provides authority for the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives to use confiscated funds 
     during undercover operations.
       Section 117 amends Title 31 of the United States Code to 
     provide protection for the Director of the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives.
       Section 118 requires the Bureau of Prisons to submit a 
     financial plan.
       Section 119 directs the Bureau of Prisons to work with the 
     Federal Public Defender in the Southern District of Florida 
     on a pilot program.
       Section 120 limits the placement of maximum or high 
     security prisoners to appropriately secure facilities.
       Section 121 restricts Federal prisoner access to certain 
     amenities.
       Section 122 provides for payment of certain eligible 
     radiation exposure claims.
       Section 123 changes the name of the National Prison Rape 
     Reduction Commission to the National Prison Rape Elimination 
     Commission.
       Section 124 establishes the 9/11 Heroes Medal of Valor.
       Section 125 provides for the transfer of certain land to 
     the Secretary of the Army.
       Section 126 establishes an Office of Justice for Victims of 
     Overseas Terrorism, as recommended by the Koby Mandell Act of 
     2003, to ensure that the investigation and prosecution of 
     deaths of American citizens overseas are a high priority 
     within the Department of Justice. The Office shall create a 
     Joint Agency Task Force consisting of Department of Justice 
     and Department of State personnel to be activated in the 
     event of a terrorist incident against American citizens 
     overseas.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  TRADE AND INFRASTRUCTURE DEVELOPMENT

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         SALARIES AND EXPENSES

       The conference agreement includes $41,552,000 for the 
     Office of the United States Trade Representative (USTR) for 
     fiscal year 2005, as proposed by both the House and Senate.
       The conference agreement adopts, by reference, language 
     proposed by the House regarding the United States trade 
     deficit with other nations, reporting requirements, and 
     international standards.
       The conferees expect the USTR to make use of all available 
     mechanisms, including the safeguards delineated under the 
     Trade Act of 1974, specifically Sections 301 and 421, to 
     address the disruptions resulting from trade with the 
     People's Republic of China.
       The conference agreement includes language proposed by the 
     Senate regarding the establishment and the responsibilities 
     of a Chief Negotiator for Intellectual Property Enforcement.
       The conference agreement continues language from the prior 
     year regarding certain trade negotiations to be conducted 
     within the World Trade Organization, as proposed by the 
     Senate.

  National Intellectual Property Law Enforcement Coordination Council

       The conference agreement includes $2,000,000 for the 
     National Intellectual Property Law Enforcement Coordination 
     Council (NIPLECC), instead of $20,000,000 as proposed by the 
     Senate.
       The conference agreement adopts by reference Senate report 
     language regarding the mission of the NIPLECC and the 
     creation of a Coordinator for International Intellectual 
     Property Enforcement to head this Council.

                     International Trade Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $61,700,000 as proposed 
     by both the House and Senate for the International Trade 
     Commission for fiscal year 2005.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION

       The conference agreement includes $401,513,000 in total 
     resources for the programs of the International Trade 
     Administration (ITA) for fiscal year 2005, of which 
     $8,000,000 is to be derived from fee collections, as proposed 
     by both the Senate and House.
       Manufacturing and Services.--Of the amounts provided under 
     this heading, the conference agreement includes $10,000,000 
     for the National Textile Center, $3,000,000 for Textile/
     Clothing Technology Corporation, $500,000 for Kansas City 
     Smart Port, and $500,000 for the continuation of the 
     international competitiveness program.
       Market Access and Compliance.--Of the amounts provided 
     under this heading, sufficient funding is provided to 
     continue the BISNIS program.
       Import Administration.--The conferees direct the Department 
     to ensure that in cases regarding non-market economies, the 
     surrogates are carefully selected. For those alleged dumping 
     cases, the Department should clearly distinguish the 
     fundamental differences in production processes and rely upon 
     all credible expert information (including economic modeling 
     and industry-based cost comparisons) in determining whether 
     the financials of a surrogate realistically reflect costs. 
     The conferees note that in chemical cases, as well as other 
     cases, producers of identical products may not be the most 
     reliable surrogate if they are distinctly different in size 
     or production process. The conferees direct the Department to 
     select the surrogates that most accurately reflect actual 
     costs.
       United States and Foreign Commercial Service.--Of the 
     amounts provided under this heading, the conferees direct 
     that overseas position levels dedicated to the Baltics will 
     remain at fiscal year 2004 levels.
       The conferees expect the Department to continue to fully 
     participate in and contribute to the Clean Energy Technology 
     Exports Initiative, a nine-agency approach to help open 
     international markets and aid in the export of a range of 
     United States clean energy technologies.
       The conference agreement adopts, by reference, language 
     regarding the Appalachian-Turkish Trade Project as proposed 
     by the Senate.
       The conferees direct the Secretary of Commerce to report 
     back to the Committees on Appropriations, no later than 
     January 20, 2005, on the trade and U.S. employment impact of 
     the currency valuation of our trading partners including 
     China, Japan, Vietnam, South Korea, Taiwan, the Ukraine, and 
     Indonesia.
       The conference agreement includes bill language designating 
     the amounts available for each unit within ITA. The conferees 
     remind ITA that any deviation from the funding distribution 
     provided in the bill and report, including carryover 
     balances, is subject to reprogramming procedures set forth in 
     section 605 of this Act. In addition, ITA is directed to 
     submit to the Committees on Appropriations, not later than 60 
     days after the enactment of this Act, a spending plan for all 
     ITA units that incorporates any carryover balances from prior 
     fiscal years.
       The conference agreement adopts, by reference, language as 
     proposed by the Senate under the heading of World Trade 
     Organization. The conference agreement adopts, by reference, 
     language as proposed by the House concerning imports of 
     polyester fibers from Korea, Channa micropeltes also known as 
     Snakehead fish, staffing for market access compliance, 
     establishment of a dispute settlement mechanism, report on 
     right-sizing methodology, human rights training, spending 
     plan, trade missions, foreign currency valuation, Caribbean 
     Basin, Global Diversity, the rural export program, and travel 
     expenditures.
       The conference agreement includes $500,000 for the Rural 
     Export Initiative for fiscal year 2005, and directs the ITA 
     to work with the West Virginia High Technology Consortium 
     Foundation. Further, the conferees expect the previously 
     provided $500,000 for the Rural Export Initiative's National 
     Technology Transfer Center to be awarded or otherwise made 
     available to the West Virginia High Technology Consortium 
     Foundation.
       The conference agreement includes report language as 
     proposed by the House regarding the Office of Trade and 
     Economic Analysis (OTEA). The conference agreement includes 
     up to $3,000,000 for this purpose.
       The conference agreement includes, by reference, report 
     language as proposed by the House regarding jobs in food 
     manufacturing (including confectionery) and the submission of 
     a certain report.
       The conferees direct the Secretary of Commerce to take all 
     necessary steps to ensure that American business interests 
     are represented in international standards negotiations, 
     including those concerning digital telecommunications. The 
     conferees continue to direct that ITA collaborate with NIST, 
     the USTR, and the State Department to reduce trade barriers 
     to U.S. business exports. The conferees direct the Secretary 
     to report to the Committees on Appropriations regarding the 
     steps taken to ensure these goals are met and what obstacles 
     are impeding the conferees' intended results. This report 
     should include proposals to transfer existing ITA and NIST 
     personnel on a temporary or permanent basis to certain 
     international organizations.
       Executive Direction.--The conferees are concerned regarding 
     the accuracy and timeliness of information presented to the 
     Committees on Appropriations, specifically data regarding 
     financial and human capital. The conferees urge the Secretary 
     to address the conferees' concerns.
       Language is included regarding a certain international 
     trade study.

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION

       The conference agreement includes a total operating level 
     of $68,393,000 for the operations and administration of the 
     Bureau of Industry and Security (BIS), as proposed by the 
     House, instead of $70,872,000, as proposed by the Senate.
       The conference agreement adopts, by reference, Senate 
     report language regarding a certain report.

                  Economic Development Administration


                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

       The conference agreement includes $257,423,000 for Economic 
     Development Assistance (EDA) Programs. The conferees direct 
     EDA to continue traditional programs to provide needed 
     assistance to communities

[[Page H10446]]

     struggling with long-term economic dislocation, as well as 
     sudden and severe economic dislocation. Of the amounts 
     provided, $166,593,000 is for Public Works and Economic 
     Development; $45,400,000 is for Economic Adjustment 
     Assistance; $24,500,000 is for planning; $8,435,000 is for 
     technical assistance, including university centers; 
     $12,000,000 is for trade adjustment assistance; and $495,000 
     is for research.
       The conference agreement adopts, by reference, language 
     proposed by the House regarding coal and timber industry 
     downturns, and assistance to applicants and requirements for 
     applicants. The conference agreement adopts, by reference, 
     Senate language regarding the economic downturns including 
     the timber, steel, and coal industries, United States-
     Canadian trade-related issues, communities in New England, 
     the mid-Atlantic, Hawaii, and Alaska impacted by fisheries 
     regulations, and communities in the southeast impacted by 
     downturns due to the North American Free Trade Agreement.


                         SALARIES AND EXPENSES

       The conference agreement includes $30,483,000 for the 
     salaries and expenses of the Economic Development 
     Administration, instead of $30,565,000 as proposed by the 
     House, and $30,400,000 as proposed by the Senate.
       The conference agreement adopts, by reference, House 
     language regarding efforts to maximize the operating funding 
     level, a special headquarters reserve fund, and requirements 
     for reorganization proposals.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

       The conference agreement includes $29,899,000 for the 
     Minority Business Development Agency for fiscal year 2005, 
     instead of $31,555,000 as proposed by the Senate, and 
     $28,899,000 as proposed by the House. The conference 
     agreement adopts, by reference, House language regarding the 
     Entrepreneurial Technology Apprenticeship Program.
       The conference agreement adopts, by reference, Senate 
     language regarding the Initiative on Asian Americans and 
     Pacific Islanders. The conferees continue to support the 
     Office of Native American Business Development.

                Economic and Information Infrastructure


                   Economic and Statistical Analysis

                         SALARIES AND EXPENSES

       The conference agreement includes $80,000,000 for the 
     economic and statistical analysis programs of the Department 
     of Commerce, including the Bureau of Economic Analysis (BEA), 
     for fiscal year 2005, instead of $78,211,000 as proposed by 
     the House, and $81,764,000 as proposed by the Senate.
       The BEA has received programmatic increases over the past 
     four years to ensure that policy makers have access to more 
     accurate and timely economic data.
       Language is included regarding a grant to the National 
     Academy of Public Administration to conduct a comprehensive 
     study on the effects of off-shoring on the U.S. workforce and 
     economy. Subcontracts should be awarded as necessary. 
     Information and opinion should be collected from stakeholders 
     in business, education, and government, as well as 
     professional associations and employee organizations.

                          Bureau of the Census

       The conference agreement includes a total operating level 
     of $754,881,000 for the Bureau of the Census, instead of 
     $773,881,000 as proposed by the House, and $605,768,000 as 
     proposed by the Senate.


                         Salaries and Expenses

       The conference agreement includes $198,765,000 for the 
     salaries and expenses of the Bureau of the Census for fiscal 
     year 2005, instead of $174,304,000 as proposed by the Senate, 
     and $202,765,000 as proposed by the House.
       The conference agreement adopts, by reference, House report 
     language regarding the highest priority core activities, 
     reimbursement, the monthly Export-Import and Trade Balance 
     statistics on a North American Industry Classification System 
     (NAICS) basis, and the Advanced Technology Trade Imports, 
     Exports, and Net Balance By Country, domestic stock 
     production, and other key reports.

                     Periodic Censuses and Programs

       The conference agreement includes a total of $556,116,000 
     for all periodic censuses and related programs in fiscal year 
     2005, instead of $571,116,000 as proposed by the House, and 
     $431,464,000 as proposed by the Senate. Of the amounts 
     provided, $146,009,000 is provided for the American Community 
     Survey, and $82,310,000 is for the Master Address File/
     Topologically Integrated Geographic Encoding and Referencing 
     (MAF/TIGER) system. The conferees expect to be kept apprised 
     on a monthly basis on the expenditure of these funds.
       The conference agreement includes language regarding the 
     collection of data on race identification.

       National Telecommunications and Information Administration

       The conference agreement includes a total of $39,202,000 
     for the National Telecommunications and Information 
     Administration (NTIA), instead of $17,820,000 as proposed by 
     the House and $58,194,000 as proposed by the Senate.


                         SALARIES AND EXPENSES

       The conference agreement includes $17,433,000 for the 
     Salaries and Expenses appropriation of the NTIA, instead of 
     $15,282,000 as proposed by the House, and $21,583,000 as 
     proposed by the Senate.
       The conference agreement adopts, by reference, language 
     proposed by the House regarding the maximization of the 
     operating level and reimbursements.

    Public Telecommunications Facilities, Planning and Construction

       The conference agreement includes $21,769,000, the same 
     amount as in the Senate, instead of $2,538,000 as proposed by 
     the House.

                   Information Infrastructure Grants

       The conference agreement includes language allowing 
     recoveries and balances to be used for administration of open 
     grants as proposed by the House. The Senate proposed an 
     appropriation of $14,842,000.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES

       The conference agreement includes $1,544,754,000 for the 
     United States Patent and Trademark Office (USPTO) for fiscal 
     year 2005, the same as proposed by the Senate, and 
     $1,523,407,000 as proposed by the House.
       The conference agreement includes language restricting 
     certain travel payments and language designating full-time 
     equivalents and funding for certain functions.
       The conference agreement adopts, by reference, language 
     proposed by the House regarding the National Inventor's Hall 
     of Fame and Inventure Place and the International 
     Intellectual Property Institute.
       The conference agreement adopts, by reference, language 
     proposed by the Senate regarding the Whittemore School of 
     Business for an intellectual property rights pilot project.
       The conference agreement includes $20,000,000 for USPTO's 
     efforts to combat piracy and counterfeiting overseas, as 
     proposed in the Senate report.
       The conferees remind the PTO that any changes from the 
     funding distribution provided in the bill and report 
     including carryover balances are subject to the reprogramming 
     procedures set forth in section 605 of this Act.
       In addition, PTO is directed to submit to the Committees on 
     Appropriations, not later than three months after the 
     enactment of this Act, a spending plan, which incorporates 
     any carryover balances from previous fiscal years and any 
     increases to the patent or trademark fee structure.

                         Science and Technology

                       Technology Administration


                         Salaries and Expenses

       The conference agreement includes $6,547,000 for necessary 
     expenses of the Under Secretary for Technology Policy and the 
     Office of Technology Policy, as proposed by the House, 
     instead of $6,407,000 as proposed by the Senate.
       The conference agreement includes $200,000 for the World 
     Congress on Information Technology.

             National Institute of Standards and Technology

       The conference agreement includes $708,692,000 for the 
     National Institute of Standards and Technology (NIST) for 
     fiscal year 2005, instead of $524,970,000 as proposed by the 
     House, and $784,963,000 as proposed by the Senate.

             Scientific and Technical Research and Services

       The conference agreement includes $383,892,000 for the 
     Scientific and Technical Research and Services (core 
     programs) of the NIST, as proposed by the Senate, instead of 
     $375,838,000 as proposed by the House. Of the funds made 
     available, $2,900,000 is provided for transfer to the NIST 
     Working Capital Fund.


          
                       [In thousands of dollars]              Committee
                                                         recommendation
Electronics and Electrical Engineering..........................$49,590
Manufacturing Engineering........................................23,779
Chemical Science and Technology..................................43,951
Physics..........................................................41,796
Materials Science and Engineering................................60,897
Building and Fire Research.......................................21,779
Computer Science and Applied Mathematics.........................63,820
Technology Assistance............................................15,592
National Quality Program..........................................5,465
Research Support Activities......................................57,223
                                                       ________________
                                                       
    Total, STRS.................................................383,892
       Within the funds made available for Electronics and 
     Electrical Engineering, $4,000,000 is provided for the Office 
     of Law Enforcement Standards [OLES] to fund the highest 
     priority homeland security research projects. Projects 
     managed by OLES are to be coordinated with the Department of 
     Justice and the Department of Homeland Security. In addition, 
     $1,000,000 is for a nanoelectronics initiative to support the 
     development of semiconductor technologies.
       Within the funds made available for Manufacturing 
     Engineering, $2,000,000 is for the nanomanufacturing 
     initiative enabling critical infrastructural measurements and 
     standards for the developing nanotechnology industry.

[[Page H10447]]

       Within the funds made available for Physics, $3,000,000 is 
     for quantum computing. The conference agreement adopts 
     language, as proposed by the Senate, regarding support of 
     NIST's Nobel Laureates' efforts.
       Within the funds made available for Materials Science and 
     Engineering, $6,000,000 is provided for upgrades to the 
     National Center for Neutron Research in order to meet the 
     increasing demand for this national scientific resource.
       Within the funds made available for Building and Fire 
     Research, $2,000,000 is for measurements and standards for 
     advanced fire fighting technologies. Numerous innovative 
     technologies are becoming available for the Nation's fire 
     departments. Unfortunately, there are few standard test 
     methods able to assess the performance of these instruments.
       Within the funds made available for Computer Science and 
     Applied Mathematics, $500,000 is for NIST's efforts in 
     support of the Technical Guidelines Development Committee, as 
     established under the Help America Vote Act, Public Law 107-
     252. Additionally, the conferees recognize the need to 
     continue support of the US-VISIT program and other biometric 
     programs of the Departments of State and Justice and have 
     provided $2,000,000 to allow for NIST to begin testing the 
     accuracy of multimodal systems, develop guidelines for 
     testing fingerprint segmentation methods, and determining the 
     influence of multiple images on the accuracy of facial 
     biometrics.
       The Nation's critical infrastructure continues to be at 
     risk due to inadequate security, which is subject to 
     exploitation, including the critical systems of the Federal 
     Government. The Congress has designated the Computer Security 
     Division as having the authority and responsibility of 
     developing Federal standards, security guidelines, security 
     checklists and associated methods and techniques for securing 
     information systems, specifically Federal non-classified 
     systems. These responsibilities are derived from the Federal 
     Information Security Management Act and the Cyber Security 
     Research and Development Act. The conference agreement 
     includes $10,000,000 to develop the standards, guidelines, 
     security specifications, testing methods, checklists, and 
     testing and scanning tools necessary to protect the Nation's 
     cyberspace.
       Within the funding for Research Support, an increase of 
     $3,000,000 is provided to the Competence program and 
     $10,050,000 is provided for Business Systems. The 
     recommendation continues funding of $2,400,000 for a telework 
     project and $6,500,000 for a critical infrastructure program, 
     both of which received similar funding in fiscal year 2004.
       Chemical Science and Technology Study.--The conferees 
     understand that the current methods of bulk asbestos analysis 
     were designed to segregate commercial asbestos products 
     containing more than 1 percent asbestos and may be inadequate 
     for determining low concentrations of asbestos that occur in 
     the natural environment. The conferees are aware of private-
     sector interest in developing a mass-based method that is 
     accurate to the 0.1-1 WT percent levels and which will 
     segregate asbestos from non-asbestos particles on mine-grade 
     samples of amphiboles and a method for distinguishing 
     asbestos and non-asbestos particles in airborne filter 
     samples. The conferees direct NIST to provide to the 
     Committees on Appropriations in both the House and Senate, 
     not later than January 31, 2005, a determination on whether 
     developing such a methodology is necessary and, if so, the 
     process, cost, and timetable for developing this methodology.

                     Industrial Technology Services

       The conference agreement includes $251,300,000 for the 
     Industrial Technology Services appropriation of the National 
     Institute of Standards and Technology, instead of 
     $106,000,000 as proposed by the House, and $315,000,000 as 
     proposed by the Senate.
       Manufacturing Extension Partnership program (MEP).--The 
     conference agreement includes $109,000,000 to fully fund all 
     MEP centers. The conference agreement includes bill language 
     prohibiting the Secretary of Commerce from recompeting any 
     existing Manufacturing Extension Partnership Center prior to 
     2007. Federal support for the MEP program, combined with 
     State and private sector funding, has translated into more 
     jobs, more tax revenue, more exports, and a more secure 
     supply source of consumer and defense goods. The MEP program 
     is an economical and prudent means of assisting small 
     manufacturers that want to remain in the United States, 
     continue to hire American workers, and stay competitive in 
     the global market place. Of the amounts provided, $3,000,000 
     is to ensure small and rural States receive necessary 
     manufacturing assistance and services. The conferees have 
     reviewed the Department of Commerce's report entitled, 
     ``Manufacturing in America'' and its recommendations. The 
     conferees do not support the report's recommendation to 
     reorganize the MEP program around a regional approach. The 
     conferees recognize that the original concept of 12 regional 
     centers for MEP is not the best model to address the needs of 
     small and medium-sized manufacturers. The conferees support 
     MEP's expansion in order to equalize services to all types of 
     manufacturers across the country. The conferees direct the 
     Secretary of Commerce to provide the necessary coverage for 
     small and medium-sized manufacturers. In addition, the 
     conferees are concerned about the ability of small and rural 
     States to provide adequate `matching' funds. The conferees 
     direct MEP to develop a program, which will provide 
     additional assistance to small and rural States and report 
     back to the Committees on Appropriations by April 15, 2005, 
     with an implementation plan.
       The conference agreement includes a new provision naming 
     the Manufacturing Extension Partnership Centers the Hollings 
     Centers.
       The conference agreement adopts, by reference, language in 
     the House report regarding the requirements for applicants 
     seeking assistance.
       Advanced Technology Program.--The conference agreement 
     provides an appropriation of $142,300,000 for the Advanced 
     Technology Program (ATP), instead of $203,000,000 as proposed 
     by the Senate and no funding as proposed by the House. The 
     conference agreement does not adopt bill language providing 
     specific funding for new awards as proposed by the Senate.

                  Construction of Research Facilities

       The conference agreement includes $73,500,000 for the 
     construction and major renovations of the NIST campuses at 
     Boulder, Colorado, and Gaithersburg, Maryland.
       The conferees provide $23,000,000 for safety, capacity, 
     maintenance, and major repairs, and $7,000,000 for the 
     central utility plant upgrades for the Boulder, Colorado, 
     facility.

            National Oceanic and Atmospheric Administration

       The conference agreement includes a total of $3,940,000,000 
     for the National Oceanic and Atmospheric Administration 
     (NOAA), instead of $3,158,000,000 as proposed by the House 
     and $4,141,793,000 as proposed by the Senate. The conference 
     agreement includes funding under the same account structure 
     as in previous years as proposed by the House, instead of 
     unifying the two main accounts as proposed by the Senate.


                  Operations, Research, and Facilities

                     (including transfers of funds)

       The conference agreement includes total funding of 
     $2,872,065,000, instead of $2,324,000,000 as proposed by the 
     House. The Senate bill included $4,109,646,000 under a new 
     ``Operations, Research, Facilities, and Systems Acquisition'' 
     account which included funding for activities under this 
     account. Of the amount provided, $65,000,000 is from balances 
     in the account entitled, ``Promote and Develop Fishery 
     Products and Research Pertaining to American Fisheries'', 
     instead of $79,000,000 as proposed by the House, and 
     $57,000,000 as proposed by the Senate. The net appropriation 
     from the General Fund is $2,804,065,000.
       Language is included prohibiting any general administrative 
     charge against an assigned activity in this Act or the 
     accompanying report. An exception is provided to facilitate 
     the modernization of NOAA's grant systems. The conferees 
     endorse the language in the Senate report emphasizing the 
     need to expedite financial assistance to grantees.
       Language is also included capping the amount provided for 
     corporate services administrative support at $171,530,000, 
     and capping the amount available to the Department of 
     Commerce Working Capital Fund at $39,500,000.
       The conference agreement stipulates 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.
       The conference agreement includes, by reference, language 
     in the House report regarding the submission of a report on 
     amounts planned for line office personnel and overhead, and a 
     report on positions, full-time equivalents, and salary-
     related costs for each line office.
       The conferees support the intent of the Senate report 
     language connecting the NOAA budget with the agency's 
     strategic plan and goals. However, the conferees were 
     surprised to learn through NOAA's appeal in response to the 
     Senate bill that every agency is unable to track its funds or 
     execute its budget in alignment with its strategic goals. 
     Accordingly, the language proposed by the Senate has not been 
     adopted. The conferees have, however, provided a crosswalk 
     for appropriated amounts between strategic goals and line 
     offices in the financial tables included in this statement.
       The following table identifies the activities, sub-
     activities, and projects funded in this appropriation:

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             noaa oceans and coasts/national ocean service

       The conference agreement includes a total of $548,788,000 
     for activities of the National Ocean Service (NOS). The 
     conference agreement adopts, by reference, language in the 
     House report on the hydrographic survey backlog, and on the 
     strategy for the use of private mapping services. The 
     conference agreement adopts, by reference, language in the 
     Senate report regarding NOAA's Integrated Coastal Ocean 
     Observing System, including the important contributions of 
     the National Data Buoy Center and the National Center for 
     Environmental Prediction (NCEP) Environment Modeling Center.
       The conferees agree that amounts provided to address the 
     hydrographic survey backlog on the line items ``North Pacific 
     Maritime Boundary Line'', ``Gulf of Alaska'' and ``North 
     Pacific'' may be used to contract for hydrographic services 
     in Alaska in areas defined as ``navigationally significant'' 
     in the current edition of the NOAA Hydrographic Survey 
     Priorities.
       The conference agreement includes funding for NOAA to 
     consult with and provide assistance to the Departments of 
     Defense and Interior and the Environmental Protection Agency 
     in carrying out their responsibilities in cleaning up 
     Vieques, Puerto Rico.
       The conference agreement for the Marine Sanctuary Program 
     includes $2,000,000 for the conservation of artifacts related 
     to the USS MONITOR, including the vessel's turret and engine. 
     These funds are provided for that grant in addition to the 
     amounts currently provided for public education, the housing 
     of MONITOR archives, and artifact conservation. The conferees 
     expect that MONITOR exhibits will reference any support 
     provided by NOAA and the Marine Sanctuary Program. The 
     conference agreement for the Marine Sanctuary Program also 
     includes $500,000 to be used for international marine 
     sanctuary and reserve issues, including, but not limited to, 
     the work with the Galapagos Islands Marine Reserve. The 
     conferees expect funds will be allocated, from within amounts 
     provided for the Marine Sanctuary program, for conservation 
     activities at the Monterey Bay National Marine Sanctuary 
     Exploration Center.
       The conference agreement adopts, by reference, report 
     language regarding Pier Romeo and a Memorandum of 
     Understanding between the NOS Assistant Administrator and 
     other Federal agencies as proposed by the Senate.


            noaa fisheries/national marine fisheries service

       The conference agreement includes $674,199,000 for the 
     operations of the National Marine Fisheries Service (NMFS).
       The conference agreement adopts, by reference, language 
     proposed by the House regarding continuation of funding for 
     implementation of a West Coast in-season harvest data 
     collection system. The conference agreement also includes, by 
     reference, language in the House report regarding the 
     development of forensic tools, the protection of consumers 
     from bacteria in raw molluscan shellfish, and the 
     continuation of funding for the Gulf and Atlantic Foundation 
     for education programs regarding Vibrio vulnificus.
       The conference agreement includes additional funding for 
     marine mammal activities, as proposed by the Senate. Of the 
     funding provided for Dolphin Encirclement, NMFS is directed 
     to dedicate funding and efforts on revising downward its 
     definition of a vessel that is not capable of setting on or 
     encircling dolphins to reflect the fact that vessels smaller 
     than 400 short tons are known to engage in this practice.
       The conference agreement adopts, by reference, language 
     proposed by the Senate under the heading Native Hawaiian 
     Observer Program.
       Within funds provided for Habitat Conservation, the 
     conferees encourage NOAA to work with the Ocean Resources 
     Enhancement and Hatchery Program in California, if warranted, 
     and to support the program's efforts to evaluate the 
     effectiveness of marine replenishment.
       The conference agreement includes funding for maintenance, 
     operations, and lease costs of all NMFS labs. The conference 
     agreement includes, by reference, language in the House 
     report regarding future NMFS base budget requests.
       The conferees urge NOAA to continue support for Virginia 
     Trawl Survey activities.


             NOAA Research/Oceanic and Atmospheric Research

       The conference agreement includes $409,278,000 for the 
     Oceanic and Atmospheric Research (OAR) line office.
       The conference agreement adopts, by reference, language in 
     the House report on ballast water exchange programs; 
     forecasting models for beach closings; coordination of 
     efforts to protect the Great Lakes including a report on 
     mercury contamination; and responding to the report of the 
     Research Review Team.
       The conferees reject the proposed reductions in the budget 
     request to continue activities at the fiscal year 2004 level 
     for paleoclimate and abrupt climate change research; for 
     social science research related to climate variability, 
     including the human dimensions of climate change; and for 
     educational outreach.
       Funding is included in the Climate Research account for 
     Joint and Cooperative Institutes for the institutes to 
     continue their work at fiscal year 2004 levels. The conferees 
     direct NOAA to fund all Joint Institutes on a fully 
     annualized basis for fiscal year 2005.
       The conference agreement adopts, by reference, language 
     regarding the Economic Development Alliance of Hawaii, and 
     language regarding the Hawaii Marine Invasives Program, as 
     proposed by the Senate under the National Marine Fisheries 
     Service.
       The conference agreement adopts, by reference, language in 
     the Senate report regarding the distribution of funds for the 
     Ocean Exploration Program and the National Undersea Research 
     Program, including the participation in the Ocean Exploration 
     program.


                     noaa national weather service

       The conference agreement includes $710,796,000 for the 
     operations of the National Weather Service (NWS).
       The conference agreement adopts, by reference, language in 
     the House report on weather radio coverage in certain 
     locations. The conferees agree that the amount provided for 
     Air Quality Forecasting includes $750,000 for efforts to 
     establish air quality and meteorological monitoring equipment 
     throughout the Shenandoah Valley as described in the House 
     report.
       The conference agreement includes funding for the 
     Susquehanna River basin flood system within funding for 
     Advanced Hydrological Prediction Services.
       The conferees urge NOAA and NWS to take maximum advantage 
     of capabilities and services that already exist in the 
     commercial sector to eliminate duplication and maximize the 
     accomplishment of the core mission of the NWS.
       The conference agreement adopts, by reference, language 
     regarding the weather radar and office in Williston, ND, as 
     proposed by the Senate.


NOAA Satellites/National Environmental Satellite, Data, and Information 
                                Service

       The conference agreement includes $178,319,000 for the 
     operational and research and development programs of the 
     National Environmental Satellite, Data, and Information 
     Service (NESDIS).
       Data Dissemination.--The conferees are concerned that with 
     the significant increase in oceanographic and environmental 
     data collection in Hawaii and the American Flag Territories, 
     including the Northwestern Hawaiian Islands, NOAA continues 
     to have inadequate capacity to provide timely data and 
     services to the region. The conferees urge NOAA to enhance 
     its Pacific Ocean and environmental data services and 
     specifically encourage NOAA to incorporate the ongoing data 
     management and archival activities at the University of 
     Hawaii's Asia-Pacific Data Research Center (APDRC) as a 
     critical component of a NOAA Pacific Ocean and Environment 
     Information Center.


                       NOAA-Wide Program Support

       The conference agreement includes $348,185,000 for Program 
     Support.
       The conference agreement adopts, by reference, language in 
     the Senate report regarding the NOAA Education Initiative. 
     The agreement includes $6,500,000 for the Office of Education 
     and new initiatives to improve K-12 environmental, science 
     and math outreach and education. Of this amount, $100,000 is 
     provided to replicate the successful ``Science on a Sphere'' 
     environmental education technology display at the John C. 
     Stennis Space Center's Infinity Center facility. The 
     conferees have shifted funding for a number of specific 
     educational programs to the NOAA-wide program support area. 
     As in past years, the BWET Hawaii program is to be managed by 
     the Pacific Coastal Services Center. The amounts under the 
     NOAA Ocean Exploration Program provided under NOAA Research 
     include $1,500,000 to support the Sea Research Foundation's 
     Immersion Project as described in the Senate report.
       The conference agreement adopts, by reference, Senate 
     report language regarding modernization of NOAA's 
     infrastructure, including the fleet of vessels and aircraft, 
     and the fleet modernization plan. The referenced plan should 
     also provide a breakdown by geographic region, including the 
     Western Pacific. Within the marine services activity, 
     $15,350,000 is provided to ensure the full-year operation of 
     the NOAA vessels OSCAR DYSON, FAIRWEATHER, NANCY FOSTER, and 
     HI'IALAKAI, at standard operating tempos. The amounts within 
     fleet planning and maintenance include $2,000,000 for these 
     same vessels. The conference agreement includes $1,000,000 
     for staffing, training and planning for the newly dedicated 
     NOAA ocean exploration vessel. The conference agreement also 
     includes an increase of $2,100,000 above the budget request, 
     and above the House and Senate bills, to offset fuel price 
     increases for all NOAA ships and aircraft.
       The conferees agree that, within the amount provided for 
     Marine Services, NOAA shall take the necessary actions to 
     convey a decommissioned NOAA ship in operable condition to 
     the Utrok Atoll local government as authorized by Public Law 
     108-219.
       Of the amounts provided for Facilities, $200,000 shall be 
     used for completion of the Santa Cruz Laboratory sea water 
     system.


                    Planning and Program Integration

       The conference agreement includes $2,500,000 for Planning 
     and Program Integration.


               Procurement, Acquisition and Construction

       The conference agreement includes $1,053,436,000 under this 
     heading instead of $840,000,000 as proposed by the House. The 
     Senate bill included funding for these activities under the 
     ``Operations, Research, Facilities, and Systems Acquisition'' 
     account. The conference agreement makes funding available for 
     three fiscal years with exceptions for certain construction 
     activities.

[[Page H10462]]

       The conference agreement includes language clarifying 
     procurement authorities related to the National Polar 
     Operational Orbiting Operational Environmental Satellite 
     System.
       Of the amount provided for Maryland Chesapeake Bay Coastal 
     and Estuarine Land Conservation projects, $1,000,000 is for 
     Wapiti Farms and $300,000 is for Holly Grove.
       The conference agreement adopts, by reference, language 
     regarding land acquisition and construction, including 
     Section 2 (Fish & Wildlife Coordination Act), as proposed by 
     the Senate.
       The conference agreement includes language proposed by the 
     Senate requiring the submission of multi-year program cost 
     estimates for each NOAA procurement, acquisition and 
     construction program having a total multi-year cost of more 
     than $5,000,000.
       The conference agreement includes $2,400,000 for acoustic 
     quieting, outfitting and improvements for the OSCAR DYSON. 
     The conferees understand that NOAA's first acoustically quiet 
     fisheries research vessel is not meeting its design 
     specifications. The conferees are concerned about NOAA's 
     inability to adequately address this key design element 
     within the original project budget and schedule. The 
     conferees agree that NOAA shall submit a report to the 
     Committees by January 1, 2005 addressing quieting issues in 
     fisheries research vessels, including other vessels in the 
     design and construction phase.
       The conference agreement includes $34,000,000 to complete 
     funding for the construction of the third NOAA Fisheries 
     Research Vessel; $5,600,900 for initial procurement of the 
     fourth NOAA Fisheries Research Vessel which will be 
     homeported on the West Coast; and $9,300,000 to complete 
     funding for the SWATH hydrographic vessel.
       The following distribution reflects the activities funded 
     within this account:

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                    pacific coastal salmon recovery

       The conference agreement provides $90,000,000 for Pacific 
     Coastal Salmon Recovery, instead of $80,000,000 as proposed 
     by the House and $99,000,000 as proposed by the Senate. 
     Language is included extending authorization for this program 
     in fiscal year 2005 and authorizing participation by the 
     State of Idaho.
       Funds provided under this heading shall be allocated as 
     follows: $24,000,000 for Alaska; $13,000,000 for California; 
     $2,500,000 for Columbia River Tribes; $4,500,000 for Idaho; 
     $13,000,000 for Oregon; $8,000,000 for Pacific Coast Tribes; 
     and $25,000,000 for Washington.
       With respect to the amounts for Alaska, the conferences 
     agree to the following allocation: $3,500,000 is for the 
     Arctic Yukon-Kuskokwim Sustainable Salmon initiative; 
     $1,000,000 is for the Cook Inlet Fishing Community Assistance 
     Program; $500,000 is for the Yukon River Drainage 
     Association; $3,368,000 is for Fairbanks hatchery facilities; 
     $250,000 is for an initiative to redefine optimum goals for 
     sockeye, chinook, and coho stocks; $2,500,000 is for the 
     NSRAA Hatchery; $500,000 is for Coffman Cove king salmon; 
     $250,000 is for the State of Alaska to participate in 
     discussions regarding the Columbia River hydro-system and for 
     fisheries revitalization; $100,000 is for the United 
     Fishermen of Alaska's subsistence program; $3,500,000 is to 
     restore salmon fisheries in Anchorage at Ship Creek, Chester 
     Creek, and Campbell Creek, including habitat restoration and 
     facilities; $500,000 is for Alaska Village Initiatives to 
     enhance salmon stocks; $800,000 is for Bristol Bay Science 
     and Research Institute; $1,100,000 is for the Alaska 
     Fisheries Development Foundation; $150,000 is for the State 
     of Alaska for fishing rationalization research; $1,500,000 is 
     for the State of Alaska for fisheries monitoring; $1,500,000 
     is for the Alaska SeaLife Center to restore salmon runs in 
     Resurrection Bay; $500,000 is for the southeast 
     Revitalization Association for its fleet stabilization 
     program; $1,000,000 is for the Kenai River; and $200,000 is 
     to restore the Craig watershed.
       Of the amounts provided to the State of Washington, 
     $3,500,000 is for the Washington State Department of Natural 
     Resources and other State and Federal agencies for purposes 
     of implementing the State of Washington's Forest and Fish 
     report, and $3,000,000 is for the purchase of mass marking 
     equipment used at Federal hatcheries in Washington State to 
     promote selective fisheries and protect threatened and 
     endangered species.
       Of the amounts provided to the State of Oregon, $1,000,000 
     is for conservation mass marking at the Columbia River 
     Hatcheries.
       The conferees agree that NOAA shall report to the 
     Committees by March 31, 2005, on final performance measures 
     for this program, including an assessment of cumulative 
     program effects on Pacific salmon stocks, and the 
     identification of recovery needs of specific salmon 
     populations as a resource for determining future funding 
     allocations.


                      coastal zone management fund

       The conference agreement includes language allowing the 
     transfer of up to $3,000,000 to the ``Operations, Research, 
     and Facilities'' account for the costs of implementing the 
     Coastal Zone Management Act, as proposed by the Senate.


                      fishermen's contingency fund

       The conference agreement includes $499,000 for the 
     Fishermen's Contingency Fund, instead of no funding as 
     proposed by the House and $956,000 as proposed by the Senate.


                   fisheries financie program account

       The conference agreement includes language proposed by the 
     Senate providing $287,000 to subsidize up to $5,000,000 for 
     Individual Fishing Quota loans and up to $59,000,000 for 
     fishing capacity reduction loans, of which $40,000,000 may be 
     used for the United States distant water tuna fleet, and 
     $19,000,000 may be used or the United States menhaden 
     fishery.

                                 OTHER

                        Departmental Management


                         SALARIES AND EXPENSES

       The conference agreement includes $48,109,000 for costs 
     related to managing the Department of Commerce, instead of 
     $52,109,000 as proposed in the House, and $55,550,000 as 
     proposed in the Senate. The conference agreement includes 
     $1,621,000 and 12 full-time equivalents for the legislative 
     affairs function of the Department.
       The conference agreement includes, by reference, language 
     proposed in the House report regarding the security upgrades 
     to the Herbert C. Hoover building, and language regarding 
     office relocations.
       The conferees direct the Secretary of Commerce, in 
     cooperation with the Secretaries of Energy and Labor, to 
     examine and prepare a study on the economic impacts of rising 
     natural gas prices on energy-intensive industries overseas. 
     The conferees expect a report to be provided to the 
     Committees on Appropriations no later than 120 days after the 
     enactment of this Act.

               United States Travel and Tourism Promotion

       The conference agreement includes $10,000,000 for the 
     United States Travel and Tourism Promotion program, instead 
     of $20,000,000 as proposed by the Senate. The House did not 
     include funding for this purpose.

                      Office of Inspector General

       The conference agreement includes $21,660,000 for the 
     Inspector General for fiscal year 2005, instead of 
     $22,249,000 as proposed by the House and $21,071,000 as 
     proposed by the Senate.

               General Provisions--Department of Commerce

       The conference agreement includes the following general 
     provisions for the Department of Commerce:
       Section 201 making Department of Commerce funds available 
     for advanced payments only upon certification of officials 
     designated by the Secretary that such payments are considered 
     to be in the public interest.
       Section 202 making appropriations for the Department for 
     Salaries and Expenses available for hire of passenger motor 
     vehicles, and for services, uniforms and allowances as 
     authorized by law.
       Section 203 providing the authority to transfer funds 
     between Department of Commerce appropriation accounts and 
     requiring notification to the Committees of certain actions.
       Section 204 providing that any costs incurred by the 
     Department in response to funding reductions shall be 
     absorbed within total budgetary resources available.
       Section 205 prohibiting the use of Commerce Department 
     funds for the purpose of reimbursing the Unemployment Trust 
     Fund or any other account of the Treasury to pay unemployment 
     compensation for temporary census workers.
       Section 206 designating amounts available in the ``Promote 
     and Develop Fishery Products and Research Pertaining to 
     American Fisheries'' fund and including language to provide 
     authorities for a certain Board.
       Section 207 authorizing the Secretary of Commerce to 
     operate a marine laboratory.
       Section 208 extending the availability of funds to 
     administer the Emergency Steel Loan Guarantee Act of 1999.
       Section 209 providing the authority and amounts to 
     administer a certain fishing capacity reduction program.
       Section 210 establishing the position of Coordinator for 
     International Intellectual Property Enforcement.
       Section 211 designating funds for certain projects.
       Section 212 extending authorization for the environmental 
     cleanup of the Pribilof Islands.
       Section 213 making permanent the conservation and 
     management of marine mammals in the State of Hawaii.
       Section 214 establishing the Ernest F. Hollings Scholarship 
     program.
       Section 215 regarding a certain land transfer.
       Section 216 regarding an ocean activities fund.
       Section 217 regarding E-government initiatives.
       Section 218 authorizing a fishing capacity reduction 
     program.
       Section 219 authorizing a fishing capacity reduction 
     program.
       Section 220 regarding a community development quota 
     program.
       Section 221 designating funding for a fishing capacity 
     reduction program.

                        TITLE III--THE JUDICIARY

       The conferees adopt by reference the Senate report language 
     regarding budgetary constraints and reminding the Judiciary 
     that it should comply with section 605 of this Act. The 
     conferees also adopt by reference the House report language 
     concerning fast track programs.

                   Supreme Court of the United States


                         SALARIES AND EXPENSES

       The conference agreement includes $58,122,000 for the 
     salaries and expenses of the Supreme Court, as proposed by 
     the House and the Senate. The conferees adopt by reference 
     House report language regarding public access to Supreme 
     Court proceedings. The conferees also adopt by reference 
     House and Senate report language regarding personnel and 
     inflationary increases.


                    CARE OF THE BUILDING AND GROUNDS

       The conference agreement includes $9,979,000 for the 
     Supreme Court ``Care of the Building and Grounds'' account, 
     as proposed by the House, instead of $10,579,000 as proposed 
     by the Senate. The conference agreement is $600,000 below the 
     request because of the planned delay in renovating the 
     Supreme Court's kitchen. The conference agreement adopts by 
     reference the House report language concerning budget 
     requests to renovate the Court.

         United States Court of Appeals for the Federal Circuit


                         SALARIES AND EXPENSES

       The conference agreement includes $21,780,000 for the 
     United States Court of Appeals for the Federal Circuit, 
     instead of $20,624,000 as proposed by the Senate and 
     $22,936,000 as proposed by the House. The conferees adopt by 
     reference Senate report language regarding funding for a 
     Deputy Circuit Executive, a disaster recovery plan, and an 
     independent security assessment.
       Consistent with the budget request, the amount provided 
     includes $541,000 transferred from the Court Security 
     appropriation for eight court security officers currently 
     stationed at the Court of Appeals for the Federal Circuit. In 
     addition, the conferees have become aware that the Federal 
     Circuit relies on an annual reimbursement from the Courts of 
     Appeals, District Courts, and Other Judicial Services, 
     Salaries and Expenses account to cover certain costs 
     associated with library operations. To eliminate the need for

[[Page H10467]]

     this reimbursement, the amount provided includes $400,000 for 
     library expenses that have previously been transferred from 
     the Courts of Appeals, District Courts, and Other Judicial 
     Services, Salaries and Expenses account.

               United States Court of International Trade


                         SALARIES AND EXPENSES

       The conference agreement includes $14,888,000 for the U.S. 
     Court of International Trade, as proposed by the House, 
     instead of $14,060,000 as proposed by the Senate.

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

       The conference agreement provides $4,177,244,000 for the 
     salaries and expenses of the Courts of Appeals, District 
     Courts, and Other Judicial Services, as proposed by the 
     House, instead of $4,131,487,000 as proposed by the Senate. 
     The amount provided assumes that Federal Protective Service 
     charges are funded in the Court Security account.
       Office of Probation and Pretrial Services.--The conferees 
     adopt by reference the Senate report language on the Office 
     of Probation and Pretrial Services in the Southern District 
     of Florida.
       The Edwin L. Nelson Local Initiative Program.--Within 30 
     days of enactment of this Act, the Administrative Office (AO) 
     will report to the Committees on Appropriations the financial 
     status of this program. This report, at a minimum, will 
     include a list of all courts that have received grants to 
     date, the reasons for the grants, and the amounts provided. 
     Hereafter, the AO shall submit this information on a 
     quarterly basis.


                 VACCINE INJURY COMPENSATION TRUST FUND

       The conference agreement includes $3,298,000 from the 
     Vaccine Injury Compensation Trust Fund instead of $3,471,000 
     as proposed by the House and $3,159,000 as proposed by the 
     Senate.


                           defender services

       The conference agreement includes $676,385,000 for the 
     Federal Judiciary's Defender Services account, instead of 
     $676,469,000 as proposed by the House and $648,116,000 as 
     proposed by the Senate.
       The conferees adopt by reference the Senate report language 
     regarding an increase in the hourly rate for panel attorneys 
     in capital cases and an increase in the case compensation 
     maximum for panel attorneys in non-capital cases. The 
     conferees also adopt by reference the Senate report language 
     concerning training programs by the Federal Defender's Office 
     in the Southern District of Florida.
       The conference agreement includes section 119 supporting a 
     pilot program with the Bureau of Prisons and the Federal 
     Public Defender's Office in the Southern District of Florida. 
     By October 15, 2005, the Defender's Office should report to 
     the Committees on Appropriations on the cost savings achieved 
     by this pilot program.


                    fees of jurors and commissioners

       The conference agreement includes $61,535,000 for Fees of 
     Jurors and Commissioners, instead of $62,800,000 as proposed 
     by the House and Senate. The conference agreement fully funds 
     the Judiciary's latest estimate of needs for this account.


                             court security

       The conference agreement includes $332,000,000 for the 
     Judiciary's Court Security Account, instead of $379,580,000 
     as proposed by the House and $274,653,000 as proposed by the 
     Senate.
       The conference agreement includes the transfer of the 
     Federal Protective Service (FPS) charge from the Salaries and 
     Expenses account to this account. The conferees understand 
     that the FPS has not provided the Administrative Office (AO) 
     of the U.S. Courts with a detailed justification to 
     substantiate the 34 percent increase in FPS security costs 
     assessed to the judiciary in fiscal year 2005, as discussed 
     in the Senate report. The conferees are unable to confirm the 
     need for an increase, and therefore the conference agreement 
     only provides $58,000,000 for FPS security charges, which is 
     the fiscal year 2004 payment plus an inflationary cost 
     increase.

           Administrative Office of the United States Courts


                         salaries and expenses

       The conference agreement includes $68,200,000 for the 
     Administrative Office of the United States Courts (AOUSC) 
     instead of $68,635,000 as proposed by the House and 
     $67,249,000 as proposed by the Senate. The conferees adopt by 
     reference the Senate report language concerning cost saving 
     measures, new positions for program oversight, the Edwin L. 
     Nelson Local Initiatives program, and requirements for 
     reprogramming actions under section 605.

                        Federal Judicial Center


                         salaries and expenses

       The conference agreement includes $21,737,000 for salaries 
     and expenses of the Federal Judicial Center as proposed by 
     the House, instead of $21,670,000 as proposed by the Senate.

                       Judicial Retirement Funds


                    payment to judiciary trust funds

       The conference agreement includes $36,700,000 for payment 
     to various judicial retirement funds, as proposed by the 
     House and Senate.

                  United States Sentencing Commission


                         salaries and expenses

       The conference agreement includes $13,304,000 for the U.S. 
     Sentencing Commission, as proposed by the House instead of 
     $12,404,000 as proposed by the Senate.

                   General Provisions--The Judiciary

       Section 301.--The conference agreement includes a provision 
     allowing appropriations to be used for services as authorized 
     by 5 U.S.C. 3109.
       Section 302.--The conference agreement includes a provision 
     related to the transfer of funds.
       Section 303.--The conference agreement includes a provision 
     allowing up to $11,000 to be used for official representation 
     expenses of the Judicial Conference of the United States.
       Section 304.--The conference agreement includes a provision 
     raising the compensation maximums for Criminal Justice Act 
     panel attorneys.
       Section 305.--The conference agreement includes a provision 
     requiring the Administrative Office to submit an annual 
     financial plan for the judiciary.
       Section 306.--The conference agreement includes a provision 
     allowing for a salary adjustment for Justices and judges.
       Section 307.--The conference agreement includes a provision 
     changing the fee structure for district court filings.
       Section 308.--The conference agreement includes a provision 
     changing the Central Violations Bureau processing fees.

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

       In total, the conference agreement includes $8,882,787,000 
     for the Department of State and the Broadcasting Board of 
     Governors. Of the total amount provided, $8,750,187,000 is 
     derived from general purpose discretionary funds and 
     $132,600,000 is scored as mandatory spending. This funding 
     level includes significant program increases to improve 
     diplomatic readiness and security. The conference agreement 
     includes $1,571,022,000 to continue worldwide security 
     activities, including the design and construction of 
     replacement facilities for the most vulnerable overseas 
     posts.

                          DEPARTMENT OF STATE

       The conference agreement for the Department of State is 
     intended to continue the Department's efforts to meet 
     emerging diplomatic requirements, strengthen diplomatic and 
     border security, and institute sweeping management reforms. 
     In the past five fiscal years, the Congress has provided 
     appropriations to significantly increase the Department's 
     operating budget, including funding to support the hiring and 
     training of new employees.
       The conference agreement includes a total of $8,283,227,000 
     for fiscal year 2005 for the Department of State. Of the 
     total amount provided, $8,150,627,000 is derived from general 
     purpose discretionary funds and $132,600,000 is scored as 
     mandatory spending. The conferees expect that this funding 
     level will allow the Department to meet critical embassy 
     security and staffing requirements, modernize its technology 
     and equipment, and continue vigorous management reform 
     initiatives to right-size America's overseas presence.
       The conference agreement includes a total of $6,314,122,000 
     for the discretionary appropriation accounts under 
     Administration of Foreign Affairs; $1,672,000,000 for 
     International Organizations; $64,130,000 for International 
     Commissions; and $100,375,000 for other activities. The 
     conferees' priorities for the Department of State are 
     delineated in the following paragraphs.

                   Administration of Foreign Affairs


                    diplomatic and consular programs

       The conference agreement includes $4,228,702,000 for the 
     Diplomatic and Consular Programs account, instead of 
     $4,278,701,000 as proposed by the House and $4,151,755,000 as 
     proposed by the Senate. The conference agreement includes 
     $658,702,000 to continue funding for worldwide security 
     upgrades, and $319,994,000 for public diplomacy programs. The 
     conference agreement represents an increase of $165,214,000 
     above the fiscal year 2004 appropriation, excluding emergency 
     appropriations.
       Right-sizing.--The conferees urge the Department to move 
     forward expeditiously with its right-sizing plan. Right-
     sizing refers to the reconfiguration of overseas U.S. 
     Government personnel to the number necessary to achieve U.S. 
     foreign policy goals. The conferees recognize that, as the 
     property manager for all U.S. Government properties overseas, 
     the Department of State faces considerable pressure to 
     accommodate ever-greater numbers of non-State Department 
     personnel in its overseas facilities. Given the increasing 
     security vulnerabilities of U.S. Government personnel and 
     facilities, the conferees strongly urge the Department to use 
     the most stringent criteria for determining overseas staffing 
     levels. In addition, the conferees expect the staffing 
     decision-making mechanism used for the U.S. mission in Iraq 
     to be the model for future right-sizing efforts.
       For any right-sizing framework to be effective, it must 
     have two main components: (1) a process for determining, 
     internally, the appropriate number of State Department 
     personnel stationed overseas, and (2) an interagency process 
     for determining the appropriate number of non-military U.S. 
     government personnel stationed overseas. To this end, the 
     conference agreement designates

[[Page H10468]]

     $3,000,000 for the Department to continue the operations of 
     the Office on Right-Sizing the United States Overseas 
     Presence. The conferees expect that this Office, which shall 
     continue to report directly to the Undersecretary for 
     Management, will lead the Department's effort to develop 
     internal and interagency mechanisms to better coordinate, 
     rationalize, and manage the deployment of U.S. government 
     personnel overseas. The conferees expect the Office of Right-
     Sizing to report to the Committees on Appropriations each 
     year on June 1 regarding the trends in overseas staffing, and 
     support for Chiefs of Mission (COM) and to undertake a review 
     of certain posts, as described in the Senate report.
       As part of the overall right-sizing function, the conferees 
     encourage the Department to review the International 
     Cooperative Administrative Support Services (ICASS) system to 
     ensure that the system contributes to right-sizing efforts.
       The conferees commend the Department for its recent steps 
     to strengthen internal processes for determining staffing 
     projections for overseas personnel needs. However, more needs 
     to be done. The conferees are not aware of any right-sizing 
     analysis in the past several years that has resulted in a 
     proposed reduction to a country-wide staffing presence. The 
     conferees are supportive of the concept of regionalization. 
     Regionalization refers to the practice of basing certain 
     administrative functions and personnel in regional centers, 
     or ``hubs'', thereby creating efficiencies. The conferees 
     note that the Department continues to make less than notable 
     progress towards developing an interagency right-sizing 
     process, but anticipates that the capital security cost 
     sharing plan will create new right-sizing incentives to 
     facilitate meeting the conferees' expectations. Language is 
     included establishing and outlining the requirements of the 
     Department's capital cost sharing plan to encourage other 
     Federal agencies to examine more closely whether the 
     personnel they send overseas are truly mission-critical. The 
     conferees remind the Department that this interagency process 
     should not supercede the authority of COMs to determine the 
     composition of their posts, but rather, to serve as a tool 
     and support mechanism. The post must remain at the center of 
     the right- sizing process.
       Border Security Program.--The conference agreement includes 
     $836,480,000 for the Department's Border Security Program, of 
     which $75,000,000 is from appropriated funds, $661,480,000 is 
     funded through the collection of Machine Readable Visa (MRV) 
     fees, and approximately $100,000,000 is to be funded through 
     a proposed Enhanced Border Security Program Fee. The 
     conferees expect this funding to provide for an increase of 
     60 new consular positions, for a total position base of 2,585 
     positions by the end of fiscal year 2005. The conferees 
     direct the Department to continue its bimonthly reporting on 
     MRV fee revenues as specified in the conference report 
     accompanying the fiscal year 2003 Supplemental Appropriations 
     Act (Public Law 108-11). Disruption of the border security 
     program due to an MRV fee shortfall must be avoided at all 
     costs. The conferees would therefore entertain 
     a reprogramming of funds out of the Diplomatic and 
     Consular Programs account to cover any unanticipated 
     shortfall in the Department's Border Security Program.
       The conference agreement adopts, by reference, language as 
     proposed in the House report concerning efforts to strengthen 
     the visa process to make it an effective anti-terrorism tool. 
     Further, the conference agreement adopts, by reference, 
     language in the Senate report concerning the Interagency 
     Study on the Visa Clearance Process. The conferees require 
     the Department of Justice to work with the Departments of 
     Homeland Security and State on this effort.
       Within the amount provided, $175,000 is to support the 
     United States' membership in the Arctic Council and $40,000 
     is to support the United States' membership in the Bering 
     Straits Commission. The former includes funds for 
     representation expenses and travel for United States 
     delegates.
       The conference agreement includes language increasing the 
     fees the Department of State may collect for passports and 
     immigrant visas.
       Public Diplomacy.--The conference agreement includes 
     language designating $319,994,000 for the Department's Public 
     Diplomacy program. The conferees continue to believe that 
     separately identifying public diplomacy resources will 
     facilitate monitoring funding levels and trends for these 
     activities. The need to strengthen our public diplomacy has 
     gained urgency as we continue to see alarming public opinion 
     polls and foreign media content relating to the war on 
     terrorism and the war in Iraq that reveal profound anti-
     American sentiments, and often a rejection of our values. The 
     need for expanded efforts is primarily, but not exclusively, 
     in the Arab and Muslim world. The conferees direct the 
     Department to submit reports outlining the criteria for 
     measuring performance of these expanded efforts, and expect 
     these reports to be submitted to the Committees on 
     Appropriations on a quarterly basis.
       The conference agreement adopts language as proposed in the 
     House report regarding the American Corners program. The 
     conference agreement also adopts language regarding efforts 
     to counter disinformation and deliberate misinformation.
       The conferees urge the Department to review the 
     recommendations made by the Defense Science Board Task Force 
     on Strategic Communication in their September 2004 report.
       The conferees commend the Department on the establishment 
     of an office of policy, plans, and resources within the 
     Office of the Under Secretary for Public Diplomacy and Public 
     Affairs; and the recent efforts and proposed plans to 
     strengthen the authority of the Under Secretary to improve 
     accountability for public diplomacy resources. The conferees 
     continue to urge the Department to improve interagency 
     coordination; increase resources dedicated to program 
     performance measurement and research; expand the English 
     language office; support speaker and fellows programs; expand 
     American studies programs, including American Corners; and 
     increase public diplomacy staff with better language skills. 
     The conferees adopt, by reference, language in the Senate 
     report concerning the Department's Public Diplomacy Strategy, 
     PD Global Forum, and Micro-grants.
       The conference agreement includes, by reference, language 
     in the Senate report regarding the refining of a public 
     diplomacy strategy, including the harmonization of mission 
     and strategy with the Broadcasting Board of Governors, and 
     the incorporation of ongoing international assistance and 
     volunteer programs into public diplomacy.
       The conference agreement adopts, by reference, language 
     included in the Senate report concerning the 9/11 Commission 
     Report, including a report on how the Department intends to 
     implement its recommendations.
       The conferees include $2,500,000 for the Ambassador's Fund 
     for Cultural Preservation. Currently, there is no greater 
     need for achieving understanding than in the Middle East. 
     Therefore, within amounts available, at least $500,000 is for 
     projects in the Middle East.
       The conference agreement adopts, by reference, language 
     included in the Senate report concerning Continuing Overseas 
     Language Training and provides $6,000,000 for this purpose.
       Cultural Antiquities Task Force.--The conference agreement 
     also includes $1,000,000 for a cultural antiquities task 
     force as described in the Senate report. The task force will 
     coordinate with all relevant Federal law enforcement and 
     cultural agencies to prevent further looting and promote 
     preservation of Iraq's historically and culturally 
     significant works. The conferees expect the Department to 
     create a database as described in the Senate report. The 
     conferees further urge the Department to make changes to visa 
     policies as they pertain to persons found to have looted, 
     damaged, or trafficked historically or culturally significant 
     works. Finally, the conference agreement includes language 
     proposed in the Senate report regarding a report on the 
     creation of the Cultural Antiquities Task Force, funding 
     requirements, and investigation of alleged damage to an Iraqi 
     temple.
       North Korea.--The conference agreement adopts, by 
     reference, language contained in the Senate report concerning 
     an international conference on the human rights situation in 
     North Korea. The conferees expect the conference to be 
     administered by Freedom House.
       The conferees recognize the importance of the Special Envoy 
     position created by Section 107 of Public Law 108-478 and 
     include $1,000,000 for this purpose. The conferees expect 
     that the Special Envoy will be compensated at a level 
     available to Ambassadors without portfolio, and that no full-
     time incumbent State Department official will fill this 
     position.
       Anti-Semitism.--The conferees direct the State Department 
     to work with the Organization for Security and Cooperation in 
     Europe to support projects and personnel increases to combat 
     anti-Semitism and intolerance.
       Intellectual Property Protection.--The conferees continue 
     to be concerned regarding the adequacy of the Department's 
     infrastructure for fulfilling its responsibility to protect 
     American intellectual property. The conference agreement 
     includes language establishing the Office of International 
     Intellectual Property Enforcement. The conference report 
     adopts, by reference, Senate report language regarding a 
     report to the Committees on Appropriations concerning 
     intellectual property efforts.
       Post-conflict Response.--The conferees include language 
     regarding the function of the Office of the Coordinator for 
     Reconstruction and Stabilization, as proposed by the Senate, 
     with the exception of a funding designation. The conferees 
     support the Department's establishment of the Office of the 
     Coordinator for Reconstruction and Stabilization, which shall 
     serve as the central entity to plan and coordinate United 
     States Government civilian activities in pre- and post-
     conflict environments, and to react to complex contingencies. 
     The conferees understand that this office will improve 
     operational response time in the areas of reconstruction, 
     stabilization, and humanitarian assistance. The conferees 
     direct the Office to coordinate with bureaus within the State 
     Department, other relevant U.S. agencies, and non-
     governmental organizations. The conference agreement adopts 
     by reference language included in the Senate report regarding 
     a description of this Office's functions and a description of 
     how the Office will coordinate with other bureaus in the 
     Department and other agencies. The conferees expect to be 
     notified of any expansion of the Office as required by 
     section 605 of this Act.
       War Crimes.--The conferees reiterate their support for the 
     work of the Special Court for

[[Page H10469]]

     Sierra Leone. The purpose of the Special Court is to 
     prosecute those who bear the greatest responsibility for the 
     appalling violations of international and Sierra Leonean law 
     and crimes against humanity perpetrated during the conflict 
     in Sierra Leone. Charles Taylor, the former president of 
     Liberia, has been indicted by the Special Court of Sierra 
     Leone and faces 17 counts of war crimes, crimes against 
     humanity, and violations of international humanitarian law. 
     Charles Taylor organized and ordered widespread and 
     systematic attacks on the civilian population of Sierra 
     Leone. According to the indictment, his supporters commonly 
     used abductions, hacking off limbs, facial and bodily 
     mutilations, and gang rapes to wage a terror campaign against 
     civilians who supported the Revolutionary United Front in 
     Sierra Leone. The conferees expect the Department to ensure 
     that funding for the Special Court continues until all 
     indictees are brought to justice expeditiously, including 
     Charles Taylor. The conferees encourage the Bureau of African 
     Affairs and the Special Court for Sierra Leone to work 
     cooperatively to bring about this result.
       International Religious Freedom.--The conference agreement 
     continues funding for the Office of International Religious 
     Freedom in the Bureau of Democracy, Human Rights and Labor. 
     The conferees urge the Office to develop and implement 
     comprehensive strategies to promote religious liberty, and to 
     assist in the preparation of the Human Rights Reports and the 
     Annual Report on International Religious Freedom. The 
     conferees also expect the Office, in consultation with the 
     U.S. Commission on International Religious Freedom, to work 
     to further incorporate religious freedom themes in the 
     Department's public diplomacy programs. In addition, the 
     conferees expect the Department to continue to integrate the 
     internationally recognized right to freedom of religion into 
     foreign service officer training at all levels.
       The conferees urge the Secretary of State to continue to 
     every extent possible to monitor and promote religious 
     freedom and human rights in China, Eritrea, India, Nigeria, 
     Pakistan, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan, and 
     Vietnam. The conferees expect the Secretary of State to use 
     all available forums and formal actions to address violations 
     of religious freedom in these countries. The Secretary of 
     State should continue to consult with the U.S. Commission on 
     International Religious Freedom to promote religious freedom 
     and human rights abroad.
       Sudan.--The conferees expect the Department to review 
     current staffing levels at the U.S. Embasy in Khartoum and to 
     address increased requirements at this post. The conferees 
     direct the Department to report to the Committees on 
     Appropriations on the findings of this review and any 
     proposal for staffing increases by no later than 120 days 
     after the enactment of this Act.
       Worldwide Security Upgrades.--The conference agreement 
     includes $658,702,000 for worldwide security upgrades as 
     proposed by the Senate, instead of $658,701,000 as proposed 
     by the House. The conference agreement includes $582,482,000 
     for ongoing security activities, including guard services, 
     physical equipment, armored vehicles, personnel, training, 
     and wireless communications; and State Department 
     participation in TOPOFF III, a national counterterrorism 
     exercise, at the funding level described in the Senate 
     report. Language is included to continue $5,000,000 for the 
     Center for Antiterrorism and Security Training. The 
     conference agreement includes $43,400,000 to continue the 
     perimeter/compound security initiative and $29,198,000 in 
     program increases. The program increases include $4,000,000, 
     for a total of $18,422,000 for the prevention and response to 
     chemical or biological agents in various locations around the 
     world; $14,698,000 to support an additional 71 security 
     professional staff positions, including 6 special agents and 
     55 professional and administrative support positions; 
     $4,500,000 for a total of $27,714,000, to maintain a five-
     year replacement cycle for armored vehicles; $3,000,000 to 
     reduce the risk that information systems will be compromised; 
     and $3,000,000 to improve electronic access to, and exchange 
     of, security and law enforcement information.
       The conference agreement includes, by reference, language 
     in the House report on the interagency task force to monitor 
     the United Nations headquarters renovation project, 
     intelligence and research, club drugs, trafficking in 
     persons, minority recruitment and hiring, overseas schools, 
     ICASS, security of classified material, Tibet, and the U.S. 
     presence in China. The conference agreement also includes, by 
     reference, language in the Senate report on financial 
     operations, foreign language proficiency, clean energy 
     technology exports, international child abductions, marine 
     environmental issues, and international trade.
       Food and Agriculture Organization.--Within funding provided 
     under this heading, the conferees expect the Department to 
     support the costs of an independent, outside evaluation of 
     the operations and performance of the Food and Agriculture 
     Organization. The conferees expect the Department to report 
     to the Committees on Appropriations in both the House and 
     Senate by no later than March 31, 2005.
       As in previous years, the conferees expect that there will 
     be additional savings available to the Department, including 
     vacancies in funded positions. The Department will have the 
     ability to propose that savings be used for needs not funded 
     by the recommendation through the normal reprogramming 
     process. The conferees are concerned about the Department's 
     practice of resubmitting reprogramming requests that have 
     previously been denied by the Committees on Appropriations. 
     Reprogrammings should be resubmitted only if the 
     circumstances surrounding the request or the request itself 
     change substantially enough to warrant a reevaluation by the 
     Committees. The conferees remind the Department that 
     action by the Committees on Appropriations is required 
     before the Department proceeds with any reprogramming 
     action.
       The conference agreement includes language in the bill, 
     similar to language in prior years, which: (1) permits not to 
     exceed $4,000,000 to be transferred to the Emergencies in the 
     Diplomatic and Consular Service account for emergency 
     evacuations and terrorist rewards; (2) provides $1,426,000 in 
     fees collected from other Executive Branch agencies and 
     $490,000 from reserves for lease or use of facilities at the 
     International Center Complex, as authorized by law; (3) 
     provides not to exceed $15,000 from reimbursements, 
     surcharges, and fees for use of Blair House facilities in 
     accordance with the State Department Basic Authorities Act of 
     1956; (4) requires notification of Congress before processing 
     licenses for the export of satellites to China; and (5) makes 
     not to exceed $6,000,000 in fee collections available until 
     expended for various activities.


                        Capital Investment Fund

       The conference agreement includes $52,149,000 for the 
     Capital Investment Fund, as proposed by the Senate, instead 
     of $100,000,000 as proposed by the House. The conference 
     agreement includes two separate accounts for the Department's 
     information technology (IT) programs. The agreement includes 
     language to create a new account, called the ``Centralized 
     Information Technology Modernization Program''. The Capital 
     Investment Fund will continue to provide funding only for new 
     investments in IT, and the new account will provide funding 
     for the maintenance of the Department's IT infrastructure, 
     including hardware and software refreshment and upgrades.
       The conference agreement adopts, by reference, language 
     included in the Senate report concerning payroll 
     consolidation, public diplomacy support, centralization, 
     messaging, and centralized management of information. The 
     conference agreement includes $7,563,000 for public key 
     infrastructure requirements to help secure interagency 
     communications.


        Centralized Information Technology Modernization Program

       The conference agreement includes $77,851,000 for a new 
     account entitled Centralized Information Technology 
     Modernization Program, instead of $102,951,000 as proposed by 
     the Senate. The House did not provide funding for a new 
     account. The conference agreement includes language 
     establishing this new account to provide funding for the 
     maintenance of the Department's IT infrastructure, including 
     hardware and software refreshment and upgrades.
       In addition, the Department is directed to develop a plan 
     to implement a four-year replacement and modernization 
     program for its classified and unclassified desktop 
     computers, servers, network equipment, circuits, and 
     software. The purpose of this plan will be to provide a 
     blueprint for the maintenance of the Department's network 
     infrastructure to meet current and future needs and to ensure 
     that the Department's communications and information systems 
     remain state-of-the-art. The Department is directed to update 
     this plan on an annual basis. The Department shall provide 
     the first such plan to the Committees on Appropriations no 
     later than September 1, 2005, and every year thereafter at 
     the time of submission of the President's budget request to 
     Congress.


                      Office of Inspector General

       The conference agreement includes $30,435,000 for the 
     Office of Inspector General (OIG) as proposed by the House, 
     instead of $31,435,000 as proposed by the Senate. The 
     conference agreement includes language, as carried in 
     previous years, waiving the requirement for a five-year post 
     inspection cycle. The conference agreement does not include 
     language in the Senate report on U.S. diplomatic activities 
     in Iraq.


               Educational and Cultural Exchange Programs

       The conference agreement includes a total of $360,750,000 
     under this heading, as proposed by the Senate, instead of 
     $345,346,000 as proposed by the House. The following chart 
     displays the conference agreement on the distribution of 
     funds by program or activity under this account, including an 
     estimated $5,400,000 in prior year recoveries and unobligated 
     balances:


                                                  Amount (in thousands)
Academic Programs:
  Fulbright Students, Scholars, Teachers, Humphreys............$160,532
  Regional Graduate Fellowships/Junior Faculty Development.......25,000
  Educational Advising and Student Services.......................3,500
  English Language Programs.......................................8,381
  American Overseas Research Centers..............................3,200

[[Page H10470]]

  South Pacific Exchanges...........................................500
  Benjamin Gilman International Scholarship.......................2,600
  George Mitchell Fellowship Program................................500
  Tibet Exchanges...................................................600
  East Timor Exchanges..............................................500
  Abraham Lincoln Study Abroad Fellowship Program...................250
  U.S.-Poland-Israel Exchange.......................................250
  Montana Tech Foreign Exchange Program.............................150
  Disability Exchange Clearinghouse.................................500
                                                       ________________
                                                       
    Subtotal, Academic Programs.................................206,463
                                                       ================

Professional and Cultural Programs:
  International Visitor Program..................................62,175
  CItizen Exchange Programs/Youth and Excellence.................45,536
  Congress Bundestag Youth Exchange...............................3,176
  Mike Mansfield Fellowship Program...............................1,800
  Youth Science Leadership Institute of the Americas................100
  Special Olympics................................................1,000
  Global Perspectives Project and Public TV Conference..............750
  Africa Workforce Development Exchanges............................400
  Arctic Winter Games...............................................200
  PSC U.S.-Pakistan Educator Development............................250
  Institute for Representative Government...........................500
  Council on Women World Leaders....................................500
  Irish Institute...................................................750
  Northern Forum....................................................300
  Rule of Law Forum.................................................800
  Seed Programs.....................................................600
  SIFE..............................................................250
  International Writing Program.....................................200
  Atlantic Corridor.................................................250
  Interparliamentary Exchanges/Conferences..........................400
  Interparliamentary Conference on Human Rights and Religious Freedo250
  University of Miami Hemispheric Program...........................500
                                                       ________________
                                                       
    Subtotal, Professional and Cultural Exchanges...............120,687
                                                       ================

Exchanges Support................................................39,000
                                                       ================

Prior Year Balances Applied.....................................(5,400)
                                                       ================

    Total, Exchange Programs....................................360,750

       Deviations from the distribution of funds under this 
     heading will be subject to the normal reprogramming 
     procedures under section 605 of this Act.
       The conferees understand that, due to the absorption of the 
     former Soviet Eastern European exchanges in this account, 
     there are additional needs for funding in the ``Exchanges 
     Support'' category. The Department is directed to apply, on a 
     priority basis, any balances that may become available for 
     this purpose.
       The conference agreement includes, by reference, Senate 
     report language regarding the exchange visitor program, 
     program regulations, the Fulbright Foreign Student Program 
     with Iraq and Afghanistan, and working exchanges.
       The conference agreement continues a program begun in 
     fiscal year 2000 to provide one-time funding to international 
     exchange start-ups. The recommendation includes $100,000 for 
     each of the following programs: the Middle East Information 
     Portal; the Afghanistan Young Leaders Program at the 
     University of Nebraska-Omaha; the Flushing Council on Culture 
     and the Arts' Partnership Between Queens and Taipei; the 
     Inuit Circumpolar Conference; and the Auschwitz Jewish 
     Center's Student Scholarship Program. Of the amounts provided 
     for Seed programs, $300,000 is available for exchange 
     programs related to Operation Smile, Inc.
       The conferees support the expansion of the Partnerships for 
     Learning program, which is an overarching theme for exchanges 
     in which resources are shifted from lower to higher priority 
     regions. Presently, and for the near future, the focus of the 
     program is on engagement with the Arab/Muslim world.
       Within amounts specified in the chart, the conference 
     agreement includes $14,500,000 for the Future Leaders 
     Exchange Program, $2,700,000 for teacher and school 
     administrator exchanges, Teaching Excellence Awards 
     (including the Partners in Education program), and $4,700,000 
     for Junior Faculty Development Program exchanges. The 
     conferees support the Youth Exchange Study program.
       The conference agreement adopts, by reference, language in 
     the House report on Fulbright exchanges with Tibet; the 
     Leaders in Education Initiative; Traditional Public-Private 
     Partnership grants; artistic and cultural exchanges; 
     minimizing unnecessary barriers to legitimate travel of 
     exchange program participants; enhanced support for engaging 
     Arab and Muslim audiences through exchange programs; 
     allocation of funding for the Near East and South Asia 
     regions; religious freedom; and the allocation of all 
     resources under this account in accordance with worldwide 
     policy priorities.


                       representation allowances

       The conference agreement includes $8,640,000 for 
     representation allowances as proposed by both the House and 
     Senate. The conference agreement includes, by reference, 
     language in the House report regarding the submission of a 
     quarterly report on expenditures under this account.


              Protection of Foreign Missions and Officials

       The conference agreement includes $9,894,000 under this 
     heading as proposed by the House, instead of $5,000,000 as 
     proposed by the Senate. The conference agreement includes, by 
     reference, language in the House report regarding the 
     Department's treatment of reimbursement requests and the 
     submission of a report on budgeting for protection expenses 
     in light of heightened security measures. The conferees 
     believe that local jurisdictions incurring such costs must 
     submit a certified billing for such costs in accordance with 
     program regulations. The conferees expect the Department to 
     treat such submissions diligently and provide reimbursement 
     for valid claims to local jurisdictions on a timely basis. 
     The conferees recognize that, in those instances where a 
     local jurisdiction will realize a financial benefit from a 
     visit by a foreign dignitary through increased tax revenues, 
     such circumstances should be taken into account by the 
     Department in assessing the need for reimbursement under 
     this program.


            Embassy Security, Construction, and Maintenance

       The conference agreement includes a total appropriation of 
     $1,524,000,000 for Embassy Security, Construction, and 
     Maintenance, as proposed by the House, instead of 
     $1,376,758,000 as proposed by the Senate. The conference 
     agreement designates $912,320,000 as available only for 
     priority worldwide security upgrades, acquisition, and 
     construction, the full amount requested for such activities. 
     The conference agreement includes full requested wage and 
     price increases for the Department's Bureau of Overseas 
     Buildings Operations (OBO).
       The conference agreement includes $912,320,000 for 
     worldwide security upgrades, including $869,000,000 to 
     continue the capital security program for constructing new 
     secure replacement facilities for the Department's most 
     vulnerable embassies and consulates. Within the funds made 
     available under this category, the conferees expect the 
     Department to undertake new office building projects from 
     among the highest priority facilities listed in the Long 
     Range Overseas Buildings Plan. Projects funded under this 
     account must follow a rigorous right-sizing methodology.
       The conferees expect that projects undertaken under this 
     program will address the highest priority facilities from a 
     security standpoint. The conference agreement supports the 
     construction of seven new embassy compounds, two annex 
     buildings, four United States Agency for International 
     Development (USAID) buildings on secure embassy compounds, 
     and acquisition of a number of secure sites for future 
     embassy compounds.
       Brussels, Belgium.--The conferees understand that certain 
     non-security requirements exist in the Sate facilities in 
     Brussels. The conference agreement includes $2,500,000 for 
     these requirements.
       The conference agreement includes such sums as necessary 
     for the renovation of and seismic upgrades to the historic 
     Palazzo Corpi building in Istanbul, Turkey, as determined by 
     the Secretary.
       The conference agreement adopts, by reference, language 
     included in the Senate report concerning Beirut, Lebanon, and 
     Karachi, Pakistan, building size, and asset management funds.
       The conference agreement includes, by reference, language 
     in the House report regarding compound security, security 
     capital projects fully meeting existing security standards, 
     immediate notification on serious security risks, 
     reprogramming, and right-sizing.
       The conference agreement includes $15,000,000 to secure and 
     protect soft targets, of which $10,000,000 is for security at 
     overseas schools attended by dependents of U.S. Government 
     employees; $8,000,000 for consular workspace improvements; 
     and $25,000,000 for buyout of uneconomic leases, as described 
     in the Senate report.
       The recommendation includes language establishing the 
     Capital Security Cost Sharing Program. Under this program, 
     all agencies that have staff overseas under Chief of Mission 
     authority will pay a fair share of urgent, security-driven 
     capital projects undertaken to replace embassies and 
     consulates at the most vulnerable posts. The goals of this 
     program are two-fold. First, the program will accelerate the 
     replacement of unsafe, unsecured and outdated diplomatic 
     facilities that are used overseas by U.S. Government 
     agencies. This is planned as a 14-year, $17,500,000,000 
     program to replace 150 vulnerable embassy and consulate 
     facilities with new compounds that fully comply with 
     statutory security requirements. Second, the program will 
     create incentives within all

[[Page H10471]]

     government departments and agencies to scrutinize and 
     ``right-size'' their overseas presence to avoid unnecessary 
     costs and security risks.
       Each agency with staff overseas under Chief of Mission 
     authority has, built into their fiscal year 2005 budget 
     request, an annual contribution towards construction of new 
     secure diplomatic facilities based on the number of positions 
     overseas and the type of space occupied. These contributions 
     do not take the place of State Department contributions, 
     which are also growing, but create a larger, shared funding 
     pool to accelerate replacement. In fiscal year 2004, the 
     conferees funded the ``virtual'' costs of the program by 
     including a $120,000,000 increase to State Department 
     appropriations. The recommendation assumes a total program 
     level of $869,020,000 in fiscal year 2005 for Capital 
     Security Construction, including $785,320,000 under this 
     account. The total amount includes a continuing State 
     Department base appropriation of $622,720,000. The additional 
     amount generated by the Capital Security Cost Sharing program 
     is $249,101,862, which consists of $160,186,300 from the 
     State Department included under this account, and $88,915,562 
     from non-State agencies, based on positions worldwide. The 
     conferees understand that there is an anticipated five-year 
     phase-in period for the program, wherein the total 
     Government-wide amount grows from $869,020,000 in fiscal year 
     2005, to $1,400,000,000, then remains at that level for the 
     next 9 years. The conferees further understand that the 
     program will include agency involvement in setting 
     priorities, and in other aspects of the development of new 
     embassy compounds. The conferees believe that the 
     establishment of strong interagency coordination and 
     cooperation will be critical to achievement of program goals, 
     and encourage the Department and the Administration to ensure 
     that the management of this program is inclusive, cooperative 
     and transparent.
       The conference agreement includes $604,880,000 for 
     operations and maintenance activities, including $76,729,000 
     in program increases. The conferees include $6,800,000 for 
     headquarters operations. The conferees direct the Department 
     to prioritize requested funding increases, and to 
     specifically identify amounts above current services in a 
     comprehensive spending plan to be submitted no later than 60 
     days after enactment of this Act.
       Assets Management.--The conference agreement designates 
     $100,049,000 in assets management funds planned for 
     obligation in fiscal year 2005, of which $25,000,000 is for 
     buyout of uneconomic leases. Any use of assets management 
     funds in fiscal year 2005 is subject to reprogramming, as 
     stated in the Senate report.
       The conferees expect the Department to submit to the 
     Committees any waiver or waivers signed by the Secretary of 
     State in accordance with section 606(a)(2) and section 
     606(a)(3) of the Secure Embassy Construction and 
     Counterterrorism Act of 1999 (Public Law 106-113) within five 
     days of the Secretary's signature of such a waiver or 
     waivers.
       The conference agreement adopts language in the House 
     report concerning reprogramming requirements.


           Emergencies in the Diplomatic and Consular Service

       The conference agreement includes $1,000,000 under this 
     heading, instead of $7,000,000 as proposed by the House, and 
     instead of $1,000 as proposed by the Senate. The conference 
     agreement anticipates that significant carryover balances 
     from fiscal year 2004 will be available for obligation in 
     fiscal year 2005. Within prior year unobligated balances, the 
     conferees expect that $2,000,000 will be transferred to the 
     Special Court for Sierra Leone, as proposed by the Senate.


                   Repatriation Loans Program Account

       The conference agreement includes $612,000 for the subsidy 
     cost of repatriation loans and $607,000 for administrative 
     costs of the program as proposed by both the House and 
     Senate.


              Payment to the American Institute in Taiwan

       The conference agreement includes $19,482,000 under this 
     heading as proposed by both the House and Senate. The 
     conference agreement includes, by reference, language in the 
     House report regarding the submission of a fiscal year 2005 
     spending plan, except that such plan shall be submitted by 
     February 28, 2005.


     Payment to the Foreign Service Retirement and Disability Fund

       The conference agreement includes $132,600,000 under this 
     heading, as proposed by both the House and the Senate.

                      International Organizations


              Contributions to International Organizations

       The conference agreement includes $1,182,000,000 under this 
     heading, instead of $1,194,210,000 as proposed by the House, 
     and $1,020,830,000 as proposed by the Senate.
       The conference agreement includes, by reference, language 
     in the House report regarding offset of exchange rate losses, 
     reassessment of U.S. membership in certain international 
     organizations, reform and budget discipline, the Organization 
     for Economic Cooperation and Development, the North Atlantic 
     Treaty Organization, International Atomic Energy Agency, the 
     Pan American Health Organization, and the costs of a direct 
     loan to the United Nations for the cost of renovating its 
     headquarters in New York. The conference agreement includes, 
     by reference, language in the Senate report regarding the 
     International Coffee Organization, the International Copper 
     Study Group, and the International Rubber Study Group.
       The conference agreement includes language requiring the 
     Secretary to transmit the most recent biennial budget for the 
     operations of the UN.
       The conference agreement includes language, as in fiscal 
     year 2004, providing that funds within the Diplomatic and 
     Consular programs account may be used for a United States 
     Government interagency task force to examine, coordinate, and 
     oversee United States participation in the United Nations 
     headquarters renovation project. The conferees direct the 
     task force to coordinate its efforts with OBO and to consult 
     with senior OBO officials in formulating its recommendations.
       The note the role of the UN in fighting diseases, providing 
     humanitarian assistance, fostering conflict resolution, and 
     providing an international forum for world issues. However, 
     the conferees are concerned by recent developments in a 
     number of areas. The conferees note that the United Nation's 
     Oil-for-Food program in Iraq is marred by allegations of 
     corruption and that it aided or abetted a tyrannical regime 
     and undermined the international community's good will. 
     Further, the conferees urge the UN to do more to mitigate or 
     resolve the conflicts and humanitarian crises in Sudan, where 
     war has ravaged the country for decades at the cost of 
     millions of lives. Finally, the United Nations' leadership 
     and legitimacy are tarnished by continued failure to bring to 
     justice those individuals involved in improper and illegal 
     activities.
       United Nations Oil-For-Food Program.--The conferees direct 
     the Department to bring all necessary resources to bear on 
     the investigation of fraud and bribery allegations regarding 
     the United Nations Oil-For-Food Program. The conferees expect 
     the Department to provide all requested documentation to the 
     U.S. Congress, and to provide any requested support to the 
     Secretary General's Independent Inquiry Committee. The 
     conferees strongly support the Inquiry and expect the Inquiry 
     Committee's review to be thorough, rigorous, and expeditious. 
     The conferees expect the Department to use the voice and vote 
     of the United States to ensure the Inquiry be conducted in 
     this manner.


        Contributions for International Peacekeeping Activities

       The conference agreement includes a total funding level of 
     $490,000,000 for payments for Contributions for International 
     Peacekeeping Activities, instead of $650,000,000 as proposed 
     by the House, and $574,000,000 as proposed by the Senate. The 
     conferees remain concerned that the United States has voted 
     in the United Nations Security Council to establish five new 
     or expanded peacekeeping missions (Haiti, Burundi, Uberia, 
     Cyprus, and Ivory Coast) without presenting the Committees on 
     Appropriations with a viable plan to meet the current and 
     future costs of such commitments. All but the Cyprus mission 
     were approved by the Security Council and are underway and 
     incurring costs. The Secretary of State testified that in 
     such instances the Administration would request supplemental 
     appropriations to cover these costs. The conferees expect 
     that such a supplemental appropriation request will provide 
     for the full UN peacekeeping assessments.
       The conference agreement includes language, as proposed by 
     the Senate, regarding the adjustment of the rate at which the 
     United States pays for the cost of United Nations 
     peacekeeping missions.
       The conference agreement includes, by reference, language 
     in the House report regarding UN peacekeeping in the Western 
     Sahara; UN peacekeeping reform; benchmarks for mission 
     performance and termination; UN peacekeeping in the 
     Democratic Republic of the Congo; and the Office of Internal 
     Oversight Services. The conference agreement includes, by 
     reference, language in the Senate report regarding 
     peacekeeping reports. The allocation of funds under this 
     account to specific missions shall be subject to the 
     reprogramming requirements in section 605 of this Act.
       The conferees support the work of the Special Court for 
     Sierra Leone, and expect the United Nations Mission in Sierra 
     Leone to provide support, as necessary, to the Court. The 
     conferees urge the Department to work with the Court and 
     other nations to ensure the expeditious prosecution of 
     indicted persons.

                       International Commissions


 international boundary and water commission, united states and mexico

       The conference agreement includes a total of $32,554,000 
     for the International Boundary and Water Commission, United 
     States and Mexico (IBWC). The total amount provided includes 
     $27,244,000 for Salaries and Expenses and $5,310,000 for 
     Construction. The conference agreement includes language 
     authorizing not to exceed $6,000 for representation expenses.


                         Salaries and Expenses

       The conference agreement for the Salaries and Expenses 
     account includes $27,244,000, instead of $26,800,000 as 
     proposed by the House and $27,689,000 as proposed by the 
     Senate.

[[Page H10472]]

     The conference agreement includes, by reference, language in 
     the House report regarding the use of surplus operations and 
     maintenance funding through reprogramming.


                              Construction

       The conference agreement includes $5,310,000 in new direct 
     appropriations under this heading, instead of $4,475,000 as 
     proposed by the House and $6,146,000 as proposed by the 
     Senate.
       The conference agreement includes $1,750,000 for the Rio 
     Grande Canalization Project and $1,000,000 for the Lower Rio 
     Grande Flood Project/Levee Rehabilitation.
       The conferees encourage the IBWC to attempt, if possible, 
     to achieve greater secondary treatment of Mexican sewage 
     within current funding levels under this account. Any plan 
     that assumes a significant increase in appropriations under 
     this heading in future years is not feasible given resource 
     restraints and competing priorities.
       Any additional obligations under this heading within the 
     total spending level cited above, including any new project 
     starts, shall be subject to the reprogramming process 
     described in section 605 of this Act.


              American Sections, International Commissions

       The conference agreement includes a total of $9,594,000 
     under this heading, instead of $9,356,000 as proposed by the 
     House, and $10,546,000 as proposed by the Senate. This amount 
     includes $1,248,000 for the International Boundary 
     Commission; $6,298,000 for the International Joint 
     Commission, including $200,000 for efforts concerning the Red 
     River Basin, and $1,019,000 for the fifth and final year of 
     the water regulation plan governing Lake Ontario and the St. 
     Lawrence River; and $2,049,000 for the Border Environment 
     Cooperation Commission.


                  International Fisheries Commissions

       The conference agreement includes $21,982,000 under this 
     heading, the same amount as proposed by the Senate, instead 
     of $19,097,000 as proposed by the House. The conference 
     agreement includes $3,000,000 for the Pacific Salmon 
     Commission, $2,100,000 for the Inter-American Tropical Tuna 
     Commission, $1,800,000 for the International Pacific Halibut 
     Commission, $177,000 for the North Pacific Marine Science 
     Organization, and $12,964,000 for the Great Lakes Fishery 
     Commission, of which not less than $845,000 is for lampricide 
     in Lake Champlain. House language regarding Asian Carp is 
     included by reference. The conferees expect the Department to 
     allocate the balance of funds in the conference agreement, 
     and, through the regular reprogramming process, any 
     additional funds that may become available, to priority 
     commissions.
       The conferees expect the Department to take immediate 
     action to evaluate and prioritize United States participation 
     in, and funding for, international fisheries commissions. In 
     a climate of limited resources the conferees continue to 
     insist that the Department operate within appropriated 
     amounts, prioritize as necessary among commissions according 
     to policy goals, take steps as necessary to withdraw from 
     lower priority commissions, and refrain from entering into 
     new commitments.

                                 Other


                     Payment to the Asia Foundation

       The conference agreement includes $13,000,000 under this 
     heading, the same amount as proposed by the House. No funding 
     was proposed by the Senate.


               Center for Middle Eastern-Western Dialogue

       The conference agreement includes $7,000,000 under this 
     heading to be deposited in the International Center for 
     Middle Eastern-Western Dialogue Trust for the perpetual 
     operations of the Center in Istanbul, Turkey. Of the amounts 
     provided $250,000 is for the steering committee, chaired by 
     the Council of American Overseas Research Centers (CAORC), 
     for the operations of the Center.


                 Eisenhower Exchange Fellowship Program

       The conference agreement includes an appropriation for 
     fiscal year 2005 of interest and earnings from the Eisenhower 
     Exchange Fellowship Program Trust Fund, expected to total 
     $500,000. The conference agreement includes, by reference, 
     language in the House report regarding geographical 
     priorities and the selection of fellows.


                    Israeli Arab Scholarship Program

       The conference agreement includes an appropriation for 
     fiscal year 2005 of interest and earnings of the Israeli Arab 
     Scholarship Endowment Fund, expected to total $375,000.


                            East-West Center

       The conference agreement includes $19,500,000 under this 
     heading, as proposed by the Senate, instead of $5,000,000 as 
     proposed by the House.


                    National Endowment for Democracy

       The conference agreement includes $60,000,000 for the 
     National Endowment for Democracy (NED), instead of 
     $40,579,000 as proposed by the House and $50,000,000 as 
     proposed by the Senate.
       The conferees strongly encourage both the NED and the four 
     core institutes to focus available funding on the Middle East 
     region, continuing work on electoral processes and political 
     party development. The conferees commend the institutes for 
     their contribution to the recent presidential election in 
     Afghanistan and support similar work in future parliamentary 
     elections.
       The conference agreement adopts, by reference, House report 
     language reaffirming NED's duty to ensure that all sponsored 
     activities adhere to core NED principles and requiring a 
     report on NED activities in Venezuela.
       The conference agreement includes $1,000,000 for a grant to 
     support the creation of the Fern L. Holland Democracy 
     Institute in Africa, as outlined in the House report. The 
     conferees remain concerned that there is a lack of 
     effectiveness and cohesion among the groups advocating for 
     awareness and action on behalf of the victims of human rights 
     abuses and the persecuted. The conferees provide $500,000 to 
     be made available for programs designed specifically to 
     promote basic human rights of ethnic minorities, including 
     their right to maintain and exercise their culture, religion, 
     and language, free from discrimination.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 International Broadcasting Operations

       The conference agreement includes $591,000,000 to carry out 
     United States International Broadcasting Operations for 
     fiscal year 2005, instead of $601,740,000 as proposed by the 
     House and $552,240,000 as proposed by the Senate. The 
     conference agreement includes $64,969,000 for efforts to 
     provide people of Arab and Muslim countries with accurate 
     information about U.S. policies and values. The conferees 
     provided initial start-up costs for a television program 
     stream specifically tailored for the Iraqi audience in Public 
     Law 108-106. The conferees expect the Broadcasting Board of 
     Governors to provide quarterly status reports detailing the 
     efforts to develop quality news and entertainment programs 
     for the Arab and Muslim world.
       The conference agreement adopts, by reference, House 
     language regarding broadcasting to Africa, language service 
     reviews and research, and anti-jamming efforts.
       The conferees remain concerned about a potential blurring 
     of the distinction between the international broadcasting 
     conducted by the Broadcasting Board of Governors and that 
     conducted by the Defense Department. While the conferees 
     continue to strongly support all necessary efforts to provide 
     for national security, close collaboration with the Defense 
     Department may foster misunderstanding among foreign 
     audiences as to the principles and goals of BBG broadcasting. 
     The BBG shall continue to notify the Committees in writing of 
     any projects or programs to be undertaken with the Defense 
     Department within 7 days of the beginning of such activities. 
     The report should include a description of services provided 
     and any financial arrangements between the entities.
       Security of Radio Free Europe/Radio Liberty Headquarters.--
     During fiscal year 2004, the RFE/RL was directed to work with 
     the Department of State's Bureau of Overseas Buildings 
     Operations to develop a comprehensive site and cost 
     assessment for relocation of the RFE/RL headquarters in 
     Prague, the Czech Republic. The conferees are concerned that 
     RFE/RL has informed the Committees on Appropriations that 
     RFE/RL intends to sign a pre-lease contract. The conferees 
     believe it would be premature for BBG and RFE/RL to proceed 
     without a thorough explanation as to how specific relocation 
     costs, as outlined in the report, will be absorbed in future 
     years. The conferees direct BBG and RFE/RL to compile and 
     submit a strategic funding plan for the intended relocation 
     process no later than February 1, 2005. Until the long-term 
     maintenance cost of a new building has been contemplated and 
     endorsed by the BBG, no additional funds shall be provided to 
     secure a site for relocation. The conferees expect funding 
     decisions on the relocation to occur expeditiously given the 
     expressed concern for the security of employees of RFE/RL.
       The conferees direct the BBG to report on Al Hurra's 
     coverage, audience, reception, and public response in the 
     Arabic-speaking world. The report shall include the findings 
     of an independent and validated public opinion poll.
       The conference agreement includes language designating 
     $27,629,000 for Broadcasting to Cuba.
       The conferees continue to support Radio Free Asia's 
     broadcasting efforts in China, Tibet, Burma, Vietnam, North 
     Korea, Laos, and Cambodia and VOA's efforts in North Korea. 
     The conference agreement includes funding to continue daily 
     Uyghur broadcasts.
       The conferees expect the BBG to provide a spending plan to 
     the Committees on Appropriations by no later than April 11, 
     2005.


                   Broadcasting Capital Improvements

       The conference agreement includes $8,560,000 for 
     broadcasting capital improvements, as proposed by both the 
     House and Senate.
       The conferees expect the Board to keep the Committees on 
     Appropriations informed on the status of its efforts to 
     acquire additional transmission capabilities in the Middle 
     East, including Egypt.

       General Provisions--Department of State and Related Agency

       The conference agreement includes section 401, permitting 
     the use of funds for allowances, differentials and 
     transportation.
       The conference agreement includes section 402 dealing with 
     transfer authority.
       The conference agreement includes section 403 prohibiting 
     the use of funds by the Department of State or the 
     Broadcasting Board of Governors to provide certain assistance 
     to the Palestinian Broadcasting Corporation.
       The conference agreement includes section 404 clarifying 
     the responsibilities of the Senior Policy Operating Group on 
     Trafficking in

[[Page H10473]]

     Persons. The conferees understand that the Operating Group 
     has been actively meeting and performing its designated 
     functions since enactment of Section 406 of division B of 
     Public Law 108-7. The conferees agree that all anti-
     trafficking policies, grants and grant policies shall be 
     covered by the provisions of Section 406 of division B of 
     Public Law 108-7. The conference agreement also includes 
     language clarifying that the Senior Policy Operating Group 
     and its chairman are the coordinating body (and official) 
     accountable for Federal anti-trafficking policies, grants and 
     grant policies. The language also makes clear that the 
     coordinating responsibilities of the Operating Group are not 
     intended to supercede the decision making authority of the 
     constituent members of the Task Force to Monitor and Combat 
     Trafficking in Persons, to whom Operating Group members 
     continue to report. The Operating Group is, and was intended 
     to serve as, the forum for interagency coordination of anti-
     trafficking policies, even as final decisions regarding any 
     such policies are necessarily vested with the President and 
     the senior officials who comprise the Task Force. The 
     conferees agree that the Senior Operating Group and its chair 
     have successfully performed the coordinating functions 
     assigned to them.
       The conference agreement includes section 405 concerning 
     the Department's counterterrorism rewards program.
       The conference agreement includes section 406 regarding the 
     recording of place of birth on certain passport applications.
       The conference agreement includes section 407 requiring the 
     provision of certain information to the Committees on 
     Appropriations.
       The conference agreement includes section 408 establishing 
     and describing the functions of the Office of the Coordinator 
     for Reconstruction and Stabilization.
       The conference agreement includes section 409 requiring the 
     Secretary of State to review staffing at all overseas posts.
       The conference agreement includes section 410 waiving 
     certain authorization requirements.
       The conference agreement includes section 411 adjusting the 
     United States assessments for the United Nations Peacekeeping 
     Missions.
       The conference agreement includes section 412 updating and 
     conforming the Senior Foreign Service pay system.
       The conference agreement includes section 413 clarifying 
     the Department's authority to enter into settlements of 
     claims.

                       TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission


                         salaries and expenses

       The conference agreement includes $1,187,000 for the 
     Antitrust Modernization Commission, instead of $1,200,000 as 
     proposed by the House. The Senate did not fund this 
     Commission.

      Commission for the Preservation of America's Heritage Abroad


                         salaries and expenses

       The conference agreement includes $499,000 for the 
     Commission for the Preservation of America's Heritage Abroad 
     as proposed by the House, instead of $491,000 as proposed by 
     the Senate. The conference agreement will allow the 
     Commission to fund its administrative expenses through 
     appropriated funds while relying on other sources of funding 
     for actual purchase and restoration of property.
       The conference agreement includes, by reference, language 
     in the House report under this heading.

                       Commission on Civil Rights


                         salaries and expenses

       The conference agreement includes $9,096,000 for the 
     salaries and expenses of the Commission on Civil Rights, as 
     proposed by both the House and Senate.
       The conferees recommend language as included in previous 
     years, which provides: (1) $50,000 to employ consultants; (2) 
     a limitation of four full-time positions under schedule C of 
     the Excepted Service, exclusive of one special assistant for 
     each Commissioner; and (3) a prohibition against reimbursing 
     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

       The conference agreement includes $3,000,000 for the 
     Commission on International Religious Freedom, as proposed by 
     the House. The Senate did not provide funding for this 
     Commission. The conference agreement includes language 
     providing authority for the Commission to procure temporary 
     services for a study on the right to freedom of religion in 
     North Korea.
       The conference agreement includes, by reference, language 
     in the House report under this heading.

            Commission on Security and Cooperation in Europe


                         salaries and expenses

       The conference agreement includes $1,831,000 for the 
     Commission on Security and Cooperation in Europe as proposed 
     by the House, instead of $1,598,000 as proposed by the 
     Senate.
       The conference agreement includes, by reference, language 
     in the House report under this heading.

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


                         salaries and expenses

       The conference agreement includes $1,900,000 for the 
     Congressional-Executive Commission on the People's Republic 
     of China as proposed by the House, instead of $1,781,000 as 
     proposed by the Senate. The amount provided includes $100,000 
     for the Political Prisoner Database as proposed by the House.
       The conference agreement includes, by reference, language 
     in the House report under this heading.

                Equal Employment Opportunity Commission


                         salaries and expenses

       The conference agreement includes $331,228,000 for the 
     salaries and expenses of the Equal Employment Opportunity 
     Commission (EEOC) for fiscal year 2005, instead of 
     $334,944,000 as proposed by the House and $327,511,000 as 
     proposed by the Senate.
       The conference agreement adopts the House report language 
     regarding the Alternative Dispute Resolution program, 
     litigation support and outreach, and the New Freedom 
     Initiative to remove barriers faced by people with 
     disabilities. The conference agreement includes language 
     regarding staffing levels in the field.
       The conference agreement includes language prohibiting the 
     Commission from taking further action to implement workforce 
     repositioning, restructuring, or reorganization unless the 
     Committees on Appropriations have been notified in advance of 
     such proposals, in accordance with the reprogramming 
     procedures under section 605 of this Act. In this regard, the 
     conference agreement includes the House report language 
     regarding a spending plan. The conference agreement also 
     adopts the House report language regarding the submission of 
     quarterly status reports on projected and actual spending 
     levels, by function, for repositioning, and the continued 
     submission of quarterly reports on agency spending and 
     staffing levels.
       The conferees again encourage the EEOC to use the 
     experience the Fair Employment Practices Agencies (FEPAs) 
     have in mediation as the Commission continues to expand its 
     Alternative Dispute Resolution programs. The conference 
     agreement also includes language similar to that included in 
     previous Appropriations Acts allowing non-monetary awards to 
     private citizens. Finally, the conference agreement provides 
     up to $2,500 for official reception and representation 
     expenses.

                   Federal Communications Commission


                         salaries and expenses

       The conference agreement includes $281,098,000 for the 
     salaries and expenses of the Federal Communications 
     Commission (FCC) for fiscal year 2005, instead of 
     $279,851,000 as proposed by the House and $282,346,000 as 
     proposed by the Senate. Of the amounts provided, $280,098,000 
     is to be derived from offsetting fee collections, resulting 
     in a net direct appropriation of $1,000,000.
       The conference agreement includes, by reference, language 
     in the House report regarding travel payments and public 
     notice requirements for broadcast applications. The 
     conference agreement includes, by reference, language 
     included in the Senate report on broadcast television 
     standards.
       The conference agreement allows the FCC to spend up to 
     $85,000,000 to administer the spectrum auctions program. The 
     conference agreement incorporates, by reference, House report 
     language regarding the FCC's accounting system.
       The conferees are aware that members of the armed services 
     and their families make extensive use of prepaid phone cards 
     to stay in contact. The FCC is considering subjecting these 
     cards to increased regulation. The conferees direct the FCC 
     not to take any action that would directly or indirectly have 
     the effect of raising the rates charged to military personnel 
     or their families for telephone calls placed using prepaid 
     phone cards.
       Within amounts provided for on-going life cycle replacement 
     of technical equipment in fiscal year 2005, the conferees 
     encourage the FCC to follow through on its plan to modernize 
     its Radio Frequency Radiation monitoring equipment by 
     purchasing Selective Radiation Meter (SRM) units and 
     anticipates that future budget requests will address 
     replacement of outdated equipment.

                        Federal Trade Commission


                         salaries and expenses

       The conference agreement includes $205,430,000 for the 
     Federal Trade Commission (FTC), instead of $203,430,000 as 
     proposed by the House and $207,730,000 as proposed by the 
     Senate. Of the amounts provided, $101,000,000 is derived from 
     Hart-Scott-Rodino premerger filing fees, $21,901,000 is 
     derived from Do-Not-Call fees, and $82,529,000 is derived 
     from discretionary appropriations. The amount provided fully 
     supports the budget request.
       The conference agreement adopts by reference the Senate 
     report language concerning the exposure of children to 
     violent entertainment and on the Do-Not-Call program. The 
     conference agreement also adopts by reference the Senate 
     report language requiring a report on illegal pressure 
     tactics applied to American fishermen who oppose mandatory 
     country of origin labeling for seafood.
       The conference agreement continues language that was 
     included in the fiscal year 2004 bill regarding enforcement 
     of certain provisions of the Federal Deposit Insurance Act.

[[Page H10474]]

                            Help Commission


                         salaries and expenses

       The conference agreement includes $1,000,000 for necessary 
     expenses of the Helping to Enhance the Livelihood of People 
     (HELP) Around the Globe Commission.

                       Legal Services Corporation


               payment to the legal services corporation

       The conference agreement includes $335,282,000 for the 
     payment to the Legal Services Corporation, as proposed by the 
     House, instead of $335,000,000 as proposed by the Senate. The 
     conference agreement includes $1,833,000 to offset funding 
     losses that have resulted from recent census-based 
     reallocations. In addition to the amounts provided through 
     the formula-based field grant program, the conferees direct 
     LSC to distribute the additional $1,833,000 to the ten states 
     that suffered the greatest losses from the census 
     reallocation, in order to restore them to the funding level 
     they would have received under the Senate bill.


                        administrative provision

       The conference agreement includes bill language to continue 
     the terms and conditions included under this section in 
     previous Appropriations Acts.

                        Marine Mammal Commission


                         salaries and expenses

       The conference agreement includes $1,890,000 for the 
     necessary expenses of the Marine Mammal Commission, as 
     proposed by both the House and Senate.

           National Veterans Business Development Corporation

       The conference agreement includes $2,000,000 for the 
     National Veterans Business Development Corporation as 
     proposed by the House and the Senate. The conference report 
     includes, by reference, House report language encouraging the 
     Corporation to make its operations self-sustaining.

                   Securities and Exchange Commission


                         salaries and expenses

       The conference agreement includes $913,000,000 for the 
     Securities and Exchange Commission, as proposed by the House 
     and Senate.
       Staffing.--In fiscal year 2003, the Commission received 
     funding for 840 new positions to protect investors and 
     implement the Sarbanes-Oxley Act. The conferees understand 
     that the Commission has had difficulty hiring accountants and 
     examiners and direct the Commission to continue to work to 
     fill all of the previously funded 840 positions as well as 
     the 106 newly funded positions as quickly as possible and to 
     provide the Committees on Appropriations with quarterly 
     staffing reports. By April 15, 2005, the SEC shall report to 
     the Committees on any proposals, including legislative 
     changes, that may further the SEC's ability to hire to 
     authorized levels and to retain quality employees.
       The conference agreement adopts by reference the Senate 
     report language concerning pay parity, enforcement, and 
     information technology. The conference agreement adopts by 
     reference the Senate report language requiring a monthly 
     report to the Senate Appropriations Committee listing the 
     exercise of stock options by corporate officers and 
     directors. The conference agreement includes language 
     requiring a report to the Senate Appropriations Committee 
     justifying the recent rule that directors of mutual funds be 
     independent.
       Within 90 days of enactment of this Act, the SEC shall 
     provide a report to the Senate Appropriations Committee 
     analyzing the impact upon individual and institutional 
     investors and competing securities markets of the so-called 
     ``trade through'' provisions of the proposed SEC Regulation 
     New Market Structure (NMS). In formulating its report, the 
     SEC should examine whether and how the adoption of the 
     ``trade through'' provisions would affect investors' ability 
     to select the market where their securities trades will be 
     carried out. The report shall also examine the interaction of 
     automated and non-automated orders under Regulation NMS and 
     the impact this would have on individual and institutional 
     investors.
       The conferees are pleased that the SEC has recently 
     established an Office of Global Security Risk within the 
     Division of Corporation Finance. The SEC should inform the 
     investment community of the existence and relevance of the 
     new Office through the following actions: (1) announce the 
     establishment of the Office on the SEC website; (2) issue a 
     press release or send a letter to leading U.S. investment 
     community members alerting them to the establishment of the 
     Office; (3) convene a conference to address the various 
     dimensions of global security risk and appropriate ways that 
     the investment community might respond to it; and (4) 
     establish an effective global security risk disclosure 
     process. The conferees expect the SEC to continue to provide 
     quarterly reports on the Office's activities.

                     Small Business Administration

       The conference agreement provides a total of $579,516,000 
     for the five appropriations accounts of the Small Business 
     Administration (SBA). Detailed guidance for the five SBA 
     appropriation accounts is contained in the following 
     paragraphs.


                         salaries and expenses

       The conference agreement includes $322,335,000 for the 
     salaries and expenses account of the SBA instead of 
     $315,362,000 as proposed by the House and $357,684,000 as 
     proposed by the Senate. Of the amount provided under this 
     heading, $186,772,000 is for operating expenses of the SBA. 
     In addition, a total of $134,903,000 from other SBA accounts 
     may be transferred to and merged with the salaries and 
     expenses account resulting in a total availability of 
     $321,675,000. The additional amount consists of $126,653,000 
     from the Business Loans Program account and $8,250,000 from 
     the Disaster Loans Program account for the administrative 
     expenses related to those accounts.
       The conference agreement includes the full amount requested 
     for Low Documentation Processing Centers and the conferees 
     expect the SBA to continue to help small businesses adapt to 
     a paperless procurement environment.
       The conferees adopt by reference the House report language 
     concerning the loan monitoring system. The conferees adopt by 
     reference the requirement to provide a report on the e-gov 
     program and the agency's efforts to increase efficiency and 
     improve customer service.
       Non-Credit Programs.--The conference agreement includes the 
     following for the non- credit programs of the SBA:

National Ombudsman.............................................$500,000
Advocacy Research.............................................1,100,000
Veterans Programs...............................................750,000
7(j) Technical Assistance Programs............................1,500,000
Small Business Development Centers...........................89,000,000
SCORE.........................................................5,000,000
Women's Business Centers.....................................12,500,000
Women's Business Council........................................750,000
Native American Outreach......................................1,000,000
Drug-free Workplace Program...................................1,000,000
Microloan Technical Assistance...............................14,000,000
PRIME Technical Assistance....................................5,000,000
HUBZones......................................................1,979,000
US Export Assistance..........................................1,484,000
                                                       ________________
                                                       
    Total, non-credit programs..............................135,563,000

       The SBA shall not reduce these non-credit programs to fund 
     operating costs. The conferees adopt by reference the House 
     and Senate report language regarding Native American 
     Outreach. The conferees adopt by reference the Senate report 
     language regarding the Small Disadvantaged Business Program. 
     The conferees adopt by reference the House and Senate report 
     language regarding Small Business Development Centers 
     (SBDCs), including the House direction to work with the 
     manufacturing sector and continue to support the defense 
     transition program at no less than the fiscal year 2004 
     level. The conferees adopt by reference the Senate report 
     language concerning HUBZones.
       Of the amounts provided for the SBDC program, $500,000 
     shall be available for the South Carolina Women's Business 
     Center (WBC).
       The conference agreement includes language allowing WBCs in 
     sustainability status to continue to receive grants and 
     designates 48 percent of the total WBC funding for centers in 
     sustainability status.


                      office of inspector general

       The conference agreement includes $13,014,000 for the 
     Office of Inspector General of the Small Business 
     Administration as proposed by the Senate instead of 
     $14,500,000 as proposed by the House. The conference 
     agreement includes language allowing $500,000 to be 
     transferred to this account from the Disaster Loans Program 
     for oversight costs related to that program. The conferees 
     adopt by reference the Senate report language regarding 
     reorganization.


                 surety bond guarantees revolving fund

       The conference agreement includes $2,900,000 under this 
     account, instead of $11,400,000 as provided by the Senate and 
     $9,900,000 as provided by the House.


                     business loans program account

       The conference agreement includes $128,108,000 under this 
     account, consisting of $1,455,000 for subsidies for direct 
     business loans and $126,653,000 for administrative expenses 
     related to business loan programs. The amount provided for 
     administrative expenses may be transferred to and merged with 
     the appropriation for SBA salaries and expenses to cover the 
     common overhead expenses associated with business loans. The 
     conferees agree that, in the event of an economic downturn, 
     the policy of zero subsidy for the 7(a) program shall be 
     revisited.


                     disaster loans program account

       The conference agreement includes $113,159,000 for the 
     Disaster Loans Program Account, instead of $195,887,000 as 
     proposed by the House and $178,909,000 as proposed by the 
     Senate. The conference agreement includes no new budget 
     authority for the subsidy costs of disaster loans but 
     includes $113,159,000 for administrative expenses of the 
     disaster loan program.
       Within the $113,159,000 provided for administrative 
     expenses, $500,000 is available for the Office of Inspector 
     General, $104,409,000 is available for direct administrative 
     expenses of loan making and servicing, and $8,250,000 is 
     available to be transferred to the Salaries and Expenses 
     account for indirect costs of the program.
       The conferees understand that the emergency appropriations 
     provided in response to natural disasters at the end of 
     fiscal year 2004 may exceed the actual need for loans to 
     affected businesses and individuals. The conferees expect 
     that the surplus of subsidy

[[Page H10475]]

     budget authority from emergency appropriations will be 
     sufficient to cover an average annual loan program level. For 
     this reason, the conference agreement does not provide an 
     additional subsidy appropriation for fiscal year 2005. The 
     conferees expect the SBA to continue to request regular 
     discretionary appropriations to cover an average annual 
     disaster loan program level in future budget requests. The 
     conferees request that the SBA provide a monthly status 
     report on disaster loan activity to the Committees on 
     Appropriations.
       By April 15, 2005, the SBA should also provide to the 
     Committees on Appropriations a report describing various 
     methodologies for calculating annual estimates of disaster 
     loan volume. The report should explain the current rolling 
     historical average methodology and also present other 
     reasonable options to determine requirements in light of the 
     recent years of low disaster activity. In addition, the 
     report should include information on various methodologies to 
     project loan volume once a disaster declaration has occurred.

        Administrative Provision--Small Business Administration

       The conference agreement includes bill language allowing 
     transfers between accounts.

                        State Justice Institute


                         salaries and expenses

       The conference agreement provides $2,613,000 for the State 
     Justice Institute (SJI), instead of $2,227,000 as proposed by 
     the House and $3,000,000 as proposed by the Senate. The 
     conference agreement incorporates by reference the House 
     report language regarding the Office of Justice Programs and 
     sources of non-Federal funding.

      united States-China Economic and Security Review Commission


                         salaries and expenses

       The conference agreement includes $3,000,000 as proposed by 
     the House for the necessary expenses of the United States-
     China Economic and Security Review Commission, instead of 
     $2,300,000 as proposed by the Senate. This level includes not 
     more than $5,000 for the purpose of official representation. 
     The conference agreement includes language making funding 
     available until expended, as proposed by the Senate. The 
     conference agreement also includes $1,000,000 for the 
     expansion of the Commission's research programs and enhanced 
     outreach efforts, as proposed by the House.
       The conference agreement incorporates, by reference, the 
     Senate report language directing the Commission to conduct 
     certain research and provide a report no later than May 1, 
     2005.

                    United States Institute of Peace


                           operating expenses

       The conference agreement includes $23,000,000 for the 
     United States Institute of Peace. Within the amounts 
     provided, including prior year funding, the Institute may use 
     such funds as necessary for advance architectural work and 
     planning related to a new headquarters facility.
       In addition, the conferees direct the Institute to create a 
     task force to study the United Nations' efforts to meet the 
     goals of its charter as signed in June of 1945. This study 
     should address obstacles to achieving such goals, especially 
     the goal of maintaining international peace and security and 
     the promotion of universal respect for and observance of 
     human rights and fundamental freedoms. The conferees are 
     deeply troubled by the inaction of the United Nations on many 
     fronts, especially in regard to the genocide in Darfur, 
     Sudan, and the allegations of corruption regarding the United 
     Nations Oil-For-Food program. The task force should consist 
     of experts from the following public policy forums: American 
     Enterprise Institute, Brookings Institution, Council on 
     Foreign Relations, Center for Strategic and International 
     Studies, Hoover Institution, and Heritage Foundation. The 
     conferees anticipate the task force would not include more 
     than 12 members. The conferees expect the results of the 
     study to be presented to the Committees on Appropriations 
     within 180 days of the enactment of this Act.

           United States Senat-China Interparliamentary Group


                         salaries and expenses

       The conference agreement includes an appropriation of 
     $100,000 for the salaries and expenses of the United States 
     Senate-China Interparliamentary Group as proposed by the 
     Senate. Funding for the Interparliamentary Group was not 
     included in the House bill.

                      TITLE VI--GENERAL PROVISIONS


                        (including rescissions)

       The conference agreement includes the following General 
     Provisions:
       Sec 601. The conference agreement includes section 601 
     regarding the use of appropriations for publicity and 
     propaganda purposes.
       Sec. 602. The conference agreement includes section 602 
     regarding the availability of appropriations for obligation 
     beyond the current fiscal year.
       Sec. 603. The conference agreement includes section 603 
     regarding the use of funds for consulting purposes.
       Sec. 604. The conference agreement includes section 604 
     providing that should any provision of the Act be held to be 
     invalid, the remainder of the Act would not be affected.
       Sec. 605. The conference agreement includes section 605 
     regarding the policy by which funding available to the 
     agencies funded under this Act may be reprogrammed for other 
     purposes.
       Sec. 606. The conference agreement includes section 606 
     regarding the construction, repair, or modification of 
     National Oceanic and Atmospheric Administration vessels in 
     overseas shipyards.
       Sec. 607. The conference agreement includes section 607 
     prohibiting funds in the bill from being used to implement, 
     administer, or enforce any guidelines of the Equal Employment 
     Opportunity Commission (EEOC) similar to proposed guidelines 
     covering harassment based on religion published by the EEOC 
     in October 1993.
       Sec. 608. The conference agreement includes section 608 
     regarding the purchase of American made products.
       Sec. 609. The conference agreement includes section 609 
     prohibiting the use of funds for any United Nations 
     peacekeeping mission that involves U.S. Armed Forces under 
     the command or operational control of a foreign national 
     unless the President certifies that the involvement is in the 
     national security interest.
       Sec. 610. The conference agreement includes section 610 
     that requires agencies to provide quarterly reports to the 
     Committees on Appropriations regarding unobligated balances.
       Sec. 611. The conference agreement includes section 611 
     that prohibits use of funds to expand the U.S. diplomatic 
     presence in Vietnam beyond the level in effect July 11, 1995, 
     unless the President makes a certification that several 
     conditions have been met regarding Vietnam's cooperation with 
     the United States on POW/MIA issues.
       Sec. 612. The conference agreement includes section 612 
     requiring agencies and departments funded in this Act to 
     absorb any necessary costs related to downsizing or 
     consolidation within the amounts provided to the agency or 
     department.
       Sec. 613. The conference agreement includes section 613 
     regarding the sale or export of tobacco or tobacco products.
       Sec. 614. The conference agreement includes section 614 
     extending the prohibition on the use of funds to issue a visa 
     to any alien involved in extrajudicial and political killings 
     in Haiti, including exemption and reporting requirements.
       Sec. 615. The conference agreement includes section 615 
     that prohibits a user fee from being charged for background 
     checks conducted pursuant to the Brady Handgun Control Act of 
     1993, and prohibits implementation of a background check 
     system which does not require or result in destruction of 
     certain information.
       Sec. 616. The conference agreement includes section 616 
     regarding amounts available under the Crime Victims Fund.
       Sec. 617. The conference agreement includes section 617 
     prohibiting the use of Department of Justice funds for 
     programs that discriminate against, denigrate, or otherwise 
     undermine the religious beliefs of students participating in 
     such programs.
       Sec. 618. The conference agreement includes section 618 
     prohibiting the use of funds appropriated or otherwise made 
     available to the Department of State to process visas for 
     citizens of countries that the Secretary of Homeland Security 
     has determined deny or delay accepting the return of deported 
     citizens.
       Sec. 619. The conference agreement includes section 619 
     providing additional amounts for the Small Business 
     Administration.
       Sec. 620. The conference agreement includes section 620 
     regarding the Small Business Administration Disaster Loans 
     Program.
       Sec. 621. The conference agreement includes section 621 
     regarding transfers of funds.
       Sec. 622. The conference agreement includes section 622 
     regarding the implementation of telecommuting programs.
       Sec. 623. The conference agreement includes section 623 
     regarding the negotiation or reevaluation of international 
     agreements.
       Sec. 624. The conference agreement includes section 624 
     regarding firearms tracing studies.
       Sec. 625. The conference agreement includes section 625 
     regarding international child abduction.
       Sec. 626. The conference agreement includes section 626 
     regarding patents.
       Sec. 627. The conference agreement includes section 627 
     regarding the United Nations.
       Sec. 628. The conference agreement includes section 628 
     that requires the Department of Justice, the Department of 
     Homeland Security, and the Department of State to jointly 
     submit a report.
       Sec. 629. The conference agreement includes section 629 
     regarding
       Capital Security Cost Sharing.
       Sec. 630. The conference agreement includes section 630 
     regarding Capital Security Cost Sharing.
       Sec. 631. The conference agreement includes section 631 
     requiring that the Secretary of State make a determination on 
     recent events and support the investigation and prosecution 
     of war crimes and crimes against humanity in the Darfur 
     Region of Sudan.
       Sec. 632. The conference agreement includes section 632 
     that prohibits the use of funds to support or justify the use 
     of torture.
       Sec. 633. The conference agreement includes section 633 
     that addresses the Drug Enforcement Administration's 
     diversion control program.

[[Page H10476]]

       Sec. 634. The conference agreement includes section 634 
     prohibiting the use of funds to change rules governing the 
     Universal Service Fund.
       Sec. 635. The conference agreement includes section 635 
     concerning certain unobligated balances.
       Sec. 636. The conference agreement includes section 636 
     regarding the National Veterans Business Development 
     Corporation.
       Sec. 637. The conference agreement includes section 637 
     regarding Capital Security Cost Sharing.
       Sec. 638. The conference agreement includes section 638 
     regarding Federal Communications Commission properties.
       Sec. 639. The conference agreement includes section 639 
     prohibiting certain uses of funds.
       Sec. 640. The conference agreement includes section 640 
     regarding amounts provided in this Act.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration


                          working capital fund

                              (rescission)

       The conference agreement includes a rescission of 
     $60,000,000 from unobligated balances in this account. The 
     Senate proposed a $44,000,000 rescission for this account 
     under Title VI.

                            Legal Activities


                         asset forfeiture fund

                              (rescission)

       The conference agreement includes a rescission of 
     $61,800,000 from unobligated balances in this account. The 
     Senate proposed a $30,000,000 rescission for this account 
     under Title VI.


                           justice assistance

                              (rescission)

       The conference agreement includes a rescission of 
     $1,619,000 from this account. These balances result from 
     deobligations of prior year grant funding. Amounts available 
     for the Missing Children's Program, the National White Collar 
     Crime Center and Regional Information Sharing System shall 
     not be rescinded.


               state and local law enforcement assistance

                              (rescission)

       The conference agreement includes a rescission of 
     $29,380,000 from unobligated balances in this account, 
     instead of $20,000,000 as proposed by the House. These 
     balances result from deobligations of prior year grant 
     funding. Amounts available for Tribal Courts and Indian 
     Prison Construction shall not be rescinded.


                  community oriented policing services

                              (rescission)

       The conference agreement includes a rescission of 
     $99,000,000 from unobligated balances in this account, 
     instead of $61,000,000 as proposed by the House. These 
     balances result from deobligations of prior year grant 
     funding.


                            juvenile justice

                              (rescission)

       The conference agreement includes a rescission of 
     $3,500,000 from unobligated balances in this account. These 
     balances result from deobligations of prior year grant 
     funding. Amounts available for Tribal Youth and Alcohol 
     Prevention shall not be rescinded.

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology


                     industrial technology services

                              (rescission)

       The conference agreement includes a rescission of 
     $3,900,000 from unobligated balances in this account. These 
     balances are prior year Advanced Technology Program funds.

                            RELATED AGENCIES

                   Federal Communications Commission


                         salaries and expenses

                              (rescission)

       The conference agreement includes a rescission of 
     $12,000,000 from unobligated balances under this heading. The 
     conferees agree that this rescission represents an amount 
     available from prior year excess fee collections.

                 TITLE VIII--PATENT AND TRADEMARK FEES

       The conference agreement includes language regarding patent 
     and trademark fees.

                 TITLE IX--OCEANS AND HUMAN HEALTH ACT

       The conference agreement includes language regarding the 
     oceans and human health.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2004 amount, the 2005 
     budget estimates, and the House and Senate bills for 2005 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2004.......$42,242,023
Budget estimates of new (obligational) authority, fiscal year43,216,594
House bill, fiscal year 2005.................................43,483,066
Senate bill, fiscal year 2005................................43,467,214
Conference agreement, fiscal year 2005.......................43,681,207
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2004......+1,439,184
  Budget estimates of new (obligational) authority, fiscal year+464,613
  House bill, fiscal year 2005.................................+198,141
  Senate bill, fiscal year 2005................................+213,993

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

                 TITLE I--DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs and activities of the Corps of 
     Engineers. Additional items of the conference agreement are 
     discussed below. House report 108-554 is presumed to have 
     effect unless contradicted by this statement of the managers.


                 Continuing contracts and reprogramming

       Construction of a single water resource project requires 
     tremendous flexibility. Water resource projects are 
     constructed in physically challenging locations. By their 
     nature, these projects involve large mobilization costs and 
     great uncertainties. The Corps of Engineers has been tasked 
     with providing hundreds of water infrastructure projects in 
     challenging locations throughout the country. Historically, 
     the Corps has done an outstanding job of managing these great 
     water resource projects and has provided the water 
     infrastructure that has greatly contributed to our economic 
     security.
       The conferees recognize that one of the greatest tools that 
     the Corps of Engineers has for managing its nationwide water 
     resources infrastructure program is the ability to award 
     multiyear continuing contracts. When an agency is managing, 
     literally, hundreds of construction projects throughout the 
     country, problems are inevitable. These can range from flood, 
     to drought, to funding shortfalls, to unanticipated hazardous 
     wastes encountered in the construction site, discovery of 
     unanticipated cultural resources. Any one of these items can 
     bring a project to a temporary halt or slow construction. By 
     the same token, projects can be accelerated due to mild 
     winters or below average flows on a river allowing a longer 
     construction season and more work to be done and more funds 
     to be utilized.
       Continuing contracts allow the Corps to award large 
     construction elements of a project to take advantage of the 
     economies of scale available to construction contractors. 
     Allowing these large construction elements to be managed over 
     several years without requiring contracts to be fully funded 
     before construction begins affords the Corps the ability to 
     more efficiently manage multiple construction contracts. 
     Multiyear funding, and the ability to reprogram funds, are 
     tools that have allowed the Corps to maximize scarce 
     resources to try to do as much as possible with the resources 
     available to them; they also left the Corps open to charges 
     that it has put contractors in charge of managing its funds.
       The conferees have expressed concerns in the past that 
     Corps of Engineers construction projects may have used the 
     continuing contracts clause and the ability to reprogram 
     funds to award some construction contracts that may not have 
     been fiscally prudent, in light of current budget realities. 
     However, many of these construction contracts were awarded 
     when surplus funds were available allowing reprogramming of 
     funds to make up for budget shortfalls. This process has 
     resulted in most surplus funds being expended, leaving the 
     Corps with very little flexibility to cover the financial 
     obligations of the construction contracts. This has resulted 
     in an increased number of reprogrammings necessary to satisfy 
     as many of the Corps' financial obligations as possible.
       The conferees believe that the Corps has made great strides 
     in resolving these financial issues by applying more 
     stringent controls on financial obligations allowed on 
     multiyear contracts and will allow the Corps to continue to 
     resolve this situation. However, the conferees caution the 
     Corps that it must regain control of all aspects of program 
     execution and execute the program appropriated to it. The use 
     of continuing contracts and reprogramming of funds is a 
     privilege afforded by this conference--a privilege that can 
     be revoked. The House and Senate Appropriations Committees 
     will continue to monitor this situation and require the Corps 
     to provide quarterly written updates to the Committees on its 
     efforts to better manage continuing contracts and to award 
     contracts better suited to responsible management.
       Due to the increased number of reprogrammings that are 
     being undertaken by the Corps, the conferees believe new 
     guidelines are needed to help monitor reprogramming of funds. 
     The conferees recognize that the increase in reprogrammings 
     is not entirely the fault of the Corps of Engineers. However, 
     reprogramming guidelines have not been examined in many 
     years, and the conferees believe that it would be prudent to 
     reexamine this privilege. Therefore, the conferees are 
     providing the following guidelines:
       Reprogramming Authorities.--The conferees require the Corps 
     to inform the Committees

[[Page H10477]]

     promptly and fully when a change in program execution and 
     funding is required during the fiscal year. The following 
     guidance is provided for Corps Civil Works programs and 
     activities funded in the Energy and Water Development 
     Appropriations Act.
       Definition.--A reprogramming includes the reallocation of 
     funds from one activity to another within an appropriation, 
     or any significant departure from a program, project, or 
     activity described in the agency's budget justifications 
     presented to and approved by Congress. For construction 
     projects, a reprogramming constitutes the reallocation of 
     funds from one construction project or a significant change 
     in the scope of an approved project.
       General Criteria for Reprogramming.--Reprogramming is 
     allowed only within an appropriation, with the exception, as 
     now exists, that Flood Control and Coastal Emergency may be 
     augmented when necessary from other Corps Civil Works 
     appropriations. Reprogramming is allowed into only previously 
     appropriated activities or those identified in a bill as 
     ``within available funds.'' Reprogrammings should not be 
     employed to initiate new programs (unless specifically 
     approved by both House and Senate Appropriations Committees) 
     or to change program, project, or activity allocation in the 
     Act or report. In cases where unforeseen events or conditions 
     are deemed to require such changes, proposals shall be 
     submitted in advance to the House and Senate Appropriations 
     Committees and be fully explained and justified.


                         reprogramming guidance

       General Investigations.--Reprogramming a cumulative total 
     of up to 25 percent of the appropriated funding level between 
     studies or programs under this heading without approval of 
     either House of Congress, is permitted. However, the Chief of 
     Engineers shall provide a quarterly report to both House and 
     Senate Appropriations Committees of all reprogrammings in 
     excess of $250,000 but less than $500,000 for individual 
     studies or programs. Approval of both House and Senate 
     Appropriations Committees is required for cumulative 
     reprogrammings in excess of $500,000 for individual studies 
     or programs. Restoration of prior year savings and slippage 
     shall not count toward the cumulative total. The conferees do 
     not object to reprogramming up to $50,000 to any continuing 
     study or program that did not receive an appropriation or 
     where the percentage limit is less than $50,000. All funds 
     used to source reprogrammings described above should be 
     surplus to current year needs for that effort.
       Construction General.--Reprogramming a cumulative total of 
     up to 15 percent of the appropriated funding level between 
     projects or programs under this heading without approval of 
     either House of Congress, is permitted. However, the Chief of 
     Engineers shall provide a quarterly report to both House and 
     Senate Appropriations Committees of all reprogrammings in 
     excess of $4,000,000 but less than $7,000,000 for individual 
     projects or programs. Approval of both House and Senate 
     Appropriations Committees is required for cumulative 
     reprogrammings in excess of $7,000,000 for individual 
     projects or programs. Restoration of prior year savings and 
     slippage shall not count toward the cumulative total. The 
     conferees do not object to reprogramming up to $300,000 to 
     any continuing project or program that did not receive an 
     appropriation or where the percentage limit is less than 
     $300,000. All funds used to source reprogrammings described 
     above should be surplus to current year needs for that 
     effort.
       Operation and Maintenance.--Unlimited reprogramming 
     authority is granted in order for the Corps to be able to 
     respond to emergencies. The Chief of Engineers must notify 
     the House and Senate Appropriations Committees as soon as 
     practicable of these emergency situations. For all other 
     reprogrammings, a cumulative total of up to 50 percent of the 
     appropriated funding level between projects or programs under 
     this heading without approval of either House of Congress, is 
     permitted. However, the Chief of Engineers shall provide a 
     quarterly report to both House and Senate Appropriations 
     Committees of all reprogrammings in excess of $5,000,000 but 
     less than $10,000,000 for individual projects or programs. 
     Approval of both House and Senate Appropriations Committees 
     is required for cumulative reprogrammings in excess of 
     $10,000,000 for individual projects or programs. Restoration 
     of prior year savings and slippage shall not count toward the 
     cumulative total. The conferees do not object to 
     reprogramming up to $300,000 to any continuing project or 
     program that did not receive an appropriation or where the 
     percentage limit is less than $300,000. All funds used to 
     source reprogrammings described above should be surplus to 
     current year needs for that effort.
       Mississippi River and Tributaries.--The Corps should follow 
     the same reprogramming guidelines for the General 
     Investigations, Construction, and Operation and Maintenance 
     portions of the Mississippi River and Tributaries Account as 
     listed above.


                         general investigations

       The conference agreement appropriates $144,500,000 for 
     General Investigations.
       Floodplain Management Services.--The conferees have 
     provided $6,813,000 for the Floodplain Management Services 
     program, including $776,000 to complete the Geographic 
     Information System for East Baton Rouge, Louisiana; $200,000 
     for a Blind Brook, City of Rye, New York, hydrological 
     analysis; and $1,000,000 for the Hurricane preparedness 
     Studies for the State of Hawaii and the U.S. Territories in 
     the Pacific and the Caribbean.
       Coastal Field Data Collection.--The conference agreement 
     provides $4,875,000 for the Coastal Field Data Collection 
     program. Funds are provided in the amount of $1,000,000 for 
     the Southern California Beach Process Study, not less than 
     $1,000,000 for continuation of the Coastal Data Information 
     Program, and $1,000,000 for the State of Hawaii, the U.S. 
     Territories in the Pacific and Caribbean, and $1,000,000 for 
     the Pacific Island Ocean Typhoon Experiment [PILOT].
       Research and Development.--Within the funds provided for 
     the Corps of Engineers Research and Development Program, 
     $2,000,000 is provided for innovative technology 
     demonstrations for urban flooding and channel restoration. 
     These demonstrations shall be conducted in close coordination 
     and cooperation with the Urban Water Research Program of the 
     Desert Research Institute of Nevada. In addition, within the 
     funds provided for the Corps of Engineers Research and 
     Development Program $500,000 is provided to undertake and 
     fund a demonstration project utilizing the Rapid 
     Environmental Decision Support Environment software to fill 
     current technology gaps in the GIS-based approaches with 
     respect to post-natural disaster analysis. The conferees have 
     also included $1,000,000 to continue work in the area of 
     Submerged Aquatic Vegetation or ``seagrasses'' and 
     restoration efforts in the Chesapeake Bay, Maryland and 
     Virginia.
       Upper Trinity River Basin, Texas.--The conference report 
     provides additional funding to proceed with Planning, 
     Engineering and Design and continue preparation and 
     coordination of an Environmental Impact Statement associated 
     with the locally-preferred alternative for the Central City 
     River Segment of the Trinity River Vision Master Plan dated 
     April 2003.
       Connecticut River Ecosystem Restoration, Vermont and New 
     Hampshire.--The conference has provided $50,000 to initiate 
     feasibility studies for the West and Ashuelot Rivers.
       Other Coordination Programs.--The conferees have provided 
     $4,300,000 for the Other Coordination Programs. Within the 
     funds provided, $500,000 is to continue work associated with 
     the Lake Tahoe Federal Interagency Partnership.
       Planning Assistance to States.--The amount provided for the 
     Planning Assistances to States Program includes $100,000 for 
     the Arkansas River Corridor Master Plan; $100,0000 to 
     continue the Ingham County, Michigan, Geographic 
     Information System Study; $100,000 to finish the Arkansas 
     River Corridor Master Plan, Oklahoma; $100,000 to initiate 
     geotechnical investigations of a proposed damsite near 
     Mangum, Oklahoma; $250,000 to initiate a groundwater study 
     for Greene County, Missouri; $134,000 to complete the 
     Memphis Riverfront Development, Tennessee, study; $200,000 
     for Central Oahu, Hawaii; $500,000 for Lake Champlain, 
     Vermont; $500,000 for remote sensing in New Mexico; 
     $150,000 for Lake Rogers, North Carolina; and $150,000 to 
     conduct an evaluation of recreation supply and demand in 
     New Castle County, Delaware. Also included is $250,000 to 
     continue a New Jersey Marine Fish Evaluation Study. The 
     Corps of Engineers is urged to consider using the 
     Fisheries Conservation Trust, formerly known as the Save 
     the Fish Foundation, to carry out this investigation. 
     Within funds provided for this program, the Corps is 
     directed to work with the Chagrin River Land Conservancy 
     to develop strategies for preserving, and acquisition of 
     funding for preservation of the properties known as Wilde 
     Fields and Mayer Preserve in Cuyahoga County, Ohio.
       The conferees are aware of the potential benefits of 
     incorporating modular plastic belting technology into fish 
     screen devices. Accordingly, the conferees urge the Corps to 
     consider deployment of this technology in the full range of 
     viable fish screen configurations, including submersible 
     traveling screens. Furthermore, the conferees look forward to 
     reviewing the agency's assessment of the technology as 
     compared to other available fish screen devices.


                         construction, general

       The conference agreement appropriates $1,796,089,000 for 
     Construction, General.
       Red River Below Denison Dam, Arkansas, Louisiana, Oklahoma, 
     and Texas.--The conferees have provided $750,000 for levee 
     rehabilitation in Arkansas and Louisiana.
       American River Watershed (Folsom Dam Mini-Raise), 
     California.--Within funds provided for the American River 
     Watershed (Folsom Dam Mini-Raise), California, project, the 
     Corps is directed to continue design of the Folsom Dam 
     replacement road and permanent bridge to assure their 
     completion at the earliest possible date consistent with the 
     pace of the Mini-Raise project as a whole.
       The conferees include language directing the Corps of 
     Engineers to expend its full capability, up to $5,000,000, to 
     advance the permanent bridge to replace Folsom Bridge Dam 
     Road, Folsom, California, as authorized by the Energy and 
     Water Development Appropriations Act, 2004 (P.L. 108-137) 
     with all remaining funds devoted to the Mini-Raise. The 
     conferees are aware of reports that there have been attempts 
     to place obstacles in the way of this work, and insist that 
     it be allowed to proceed, unimpeded.
       Florida Keys Water Quality Improvements, Florida.--The 
     conferees have provided $2,250,000 for the implementation of 
     wastewater and stormwater improvements and believe these 
     efforts should be carried out in

[[Page H10478]]

     coordination with the ongoing Everglades restoration work.
       Olmsted Locks and Dam, Ohio River, Illinois & Kentucky.--
     None of the funds provided for the Olmsted Locks and Dam 
     Project are to be used to reimburse the Claims and Judgment 
     Fund.
       J. Bennett Johnston Waterway, Louisiana.--The conferees 
     have provided $13,000,000 for construction of navigation 
     channel refinement features, land purchases and development 
     for mitigation of project impacts, and construction of 
     project recreation features and appurtenant features.
       Chesapeake Bay Environmental Restoration and Protection 
     Program, Maryland and Virginia.--The conference 
     recommendation includes $1,500,000 for this project. Within 
     the funds provided, $400,000 is provided to continue 
     environmental studies of non-native oysters.
       The conferees expect the Corps, in conducting the 
     Environmental Impact Statement [EIS] for introducing non-
     native oyster species into the Chesapeake Bay, to consider 
     all alternatives, including restoration of native oyster 
     species. The conferees also expect that the EIS will address 
     the research gaps identified in the National Research Council 
     report titled ``Non-native Oysters in the Chesapeake Bay'' 
     and the Chesapeake Bay Program Scientific and Technical 
     Advisory Committee report on the same subject.
       Rural Montana, Montana.--The conferees have provided 
     $2,000,000 for the Rural Montana project. Within the funds 
     provided the Corps is directed to give consideration to 
     projects at Belgrade, Manhattan, Livingston, Butte, Helena, 
     and Drummond, Montana. Other communities that meet the 
     program criteria should be considered as funding allows.
       Rural Nevada, Nevada.--The conferees have provided 
     $20,000,000 for the Rural Nevada project. Within the funds 
     provided the Corps is directed to give consideration to 
     projects at Boulder City, Lyon County (Carson River Regional 
     Water System), Gerlach, Incline Village, Lawton-Verdi, 
     Esmeralda County, Churchill County, West Wendover, 
     Searchlight, Yerington, Virgin Valley Water District, 
     Lovelock, Carson City, Hemenway Valley Wastewater treatment 
     and Huffaker Hills Reservoir Water Conservation Nevada. Other 
     communities that meet the program criteria should be 
     considered as funding allows.
       Tropicana and Flamingo Washes, Nevada.--The conferees have 
     provided $24,000,000 to continue construction of this flood 
     control project. The conference recommendation includes 
     $3,000,000 for work performed in accordance with Section 211 
     of Public Law 104-303.
       Central New Mexico, New Mexico.--The conference has 
     included $5,000,000 for this project which includes funding 
     to continue the Black Mesa project begun in fiscal year 2004.
       Middle Rio Grande Flood Protection, New Mexico.--The 
     conferees have included $300,000 to continue the Belen, 
     Mountainview, and Isleta General Reevaluation Report.
       Fire Island Inlet to Montauk Point, New York.--The 
     conferees have included additional funding for the 
     continuation of the reformulation study.
       Ohio Environmental Infrastructure, Ohio.--The bill contains 
     $22,000,000 for the Ohio Environmental Infrastructure program 
     authorized by section 594 of the Water Resources Development 
     Act of 1999. The amount provided includes: $15,000 for the 
     Jackson County water line project; $100,000 for the Morgan 
     County, Bishopville, water project; $475,000 for the Morgan 
     County, McConnelsville, storm water project; $1,000,000 for 
     the Muskingum County, Zanesville, wastewater treatment 
     facility; $25,000 for the Vinton County, Arbaugh/Hope water 
     line extension; $350,000 for the Buckeye Lake, water line 
     project; $500,000 for the Hancock County, Village of 
     Janera, wastewater collection system; $1,000,000 for the 
     Village of West Jefferson, water treatment facility; 
     $1,000,000 for the City of Louisville, protection for 
     wastewater treatment plant; $2,000,000 for the Stark 
     County, Zimber Ditch project; $500,000 for the Noble 
     County, sewer system; $500,000 for the Youngstown, Orchard 
     Meadow Combined Sewer Overflow project; $500,000 for the 
     Lake County, Concord Township sanitary sewer line 
     improvement; $100,000 for the Lake County, Perry Township, 
     Shepard Road waterline extension; $900,000 for the Lake 
     County, Village of Perry, Sanitary sewer system; 
     $1,000,000 for the Toledo Combined Sewer Overflow project; 
     $1,000,000 for the Tech Town Dayton Technology Campus 
     water and sewer project; $2,500,000 for the University of 
     Dayton, Brown and Stewart water and sewer project; 
     $640,000 for the Clinton County, Clinton Massie School 
     District sewer project; $1,500,000 for the Springfield 
     Applied Research and Technology Park water and sewer 
     project; $700,000 for the Clark County Southwest Regional 
     Waste Water Treatment Plant expansion; $500,000 for Clark 
     County, Village of Donnelsville sewer system project; 
     $1,350,000 for the Fayette County, Village of 
     Bloomingberg, Waste Water Treatment Plant; $100,000 for 
     the Pickaway County, Harrison and Madison Township water 
     and sewer project; $150,000 for the Village of Corning 
     water and sewer project; $1,880,000 for the Scioto County, 
     Minford Wastewater Treatment Facility; and $250,000 for 
     the City of Dayton, Northeast Quadrant water and sewer 
     infrastructure.
       Columbia River Treaty Fishing Sites, Oregon and 
     Washington.--The conferees have included $700,000 for 
     facilities at White Salmon, WA.
       Elk Creek Lake, Oregon.--Funds provided in this Act and 
     funds previously appropriated for the Elk Creek Lake, Oregon, 
     project are available to plan and implement long-term 
     management measures at the project to maintain the project in 
     an uncompleted state, including design and construction of a 
     permanent trap- and-haul facility to replace the existing, 
     interim facility. Funds may not be used for any further work 
     on the Corps of Engineers proposal to remove a section of the 
     dam for fish passage.
       Cheyenne River Sioux Tribe, Lower Brule Sioux, South 
     Dakota.--The conference notes that Title IV of the Water 
     Resources Development Act of 1999, as amended, authorizes 
     funding to pay administrative expenses, implementation of 
     terrestrial wildlife plans, activities associated with land 
     transferred or to be transferred, and annual expenses for 
     operating recreational areas. The conferees have included 
     $5,750,000 for this effort. Within the funds provided, the 
     conference directs that not more than $1,000,000 shall be 
     provided for administrative expenses, and that the Corps is 
     to distribute the remaining funds as directed by Title IV to 
     the State of South Dakota, the Cheyenne River Sioux Tribe and 
     the Lower Brule Sioux Tribe.
       Rural Utah, Utah.--The conference has provided $1,000,000 
     for this project and encourages the Corps to proceed with 
     those projects which are eligible and are prepared to move 
     forward.
       Columbia River Fish Mitigation, Avian Predation, Columbia/
     Snake River Basin, Washington, Oregon, and Idaho.--The 
     conferees are aware of the need to investigate the effect of 
     avian predation on the survival of listed salmon and 
     steelhead in the Columbia/Snake River Basin and directs the 
     Secretary to provide up to $750,000, as needed, from the 
     Columbia River Fish Mitigation project for this purpose. The 
     conference expects the Corps of Engineers to coordinate with 
     the Secretary of Commerce and the Secretary of the Interior 
     to develop an implementation plan and initiate actions to 
     reduce avian predation where such actions are determined to 
     be biologically and cost effective.
       Aquatic Plant Control Program.--The conferees have included 
     $4,500,000 for the Aquatic Plant Control program's base 
     research and development activities. In an effort to maximize 
     limited funding for eradication and harvesting, the 
     conference strongly recommends that these efforts be 
     undertaken only where a local sponsor agrees to provide 50 
     percent of the cost of the work. Within the funds provided, 
     $300,000 is for a cost shared effort with the State of South 
     Carolina and $400,000 is for a cost shared effort with the 
     State of Vermont and $100,000 is for the control of aquatic 
     nuisance vegetation in the Potomac and Tributaries, Virginia, 
     Maryland, and District of Columbia. The conference urges the 
     Corps to establish a cost shared program with the State of 
     Hawaii.
       Beneficial Uses of Dredged Material.--The conference 
     recommendation includes $6,000,000. Within the funds provided 
     $3,000,000 is for Morehead City Harbor, NC.
       Dam Safety and Seepage/Stability Correction Program.--The 
     conference recommendation includes $10,500,000 for the 
     program. Within the funds provided, $3,000,000 is provided 
     for the Corps to complete work on Waterbury Dam in Vermont.
       Shoreline Erosion Control and Development and 
     Demonstration.--The conference recommendation includes 
     $7,000,000. Within the funds provided $400,000 is provided 
     for Sacred Falls, Hawaii.
       Continuing Authorities Program (CAP).--The conference 
     departs from its usual practice in the presentation of CAP 
     projects chosen for funding. In previous conference reports, 
     CAP funding for individual projects was presented in an 
     unstructured text form. For fiscal year 2005, in order to 
     increase uniformity and simplify use of the report, CAP 
     funding will be shown in a table, with information limited to 
     identification of the CAP authority under which the project 
     is authorized, the name of the project, and the amount of 
     funding provided.
       The conferees are aware that many projects selected for 
     funding under the Continuing Authorities Program have not 
     received any funds due to overwhelming demand and limited 
     funding authority within the Continuing Authorities Program. 
     The conference directs that such projects should receive 
     priority consideration for any available such funds, in 
     fiscal 2005, and in the future.
       The continuing project authorities listed below, allow the 
     Corps great flexibility to respond to various, limited-scope, 
     water resource problems facing communities throughout the 
     Nation. This program has proven to be remarkably successful 
     in providing a quick response to serious local problems. 
     These problems range from flood control and navigation to 
     bank stabilization and environmental restoration. The 
     conferees have provided funds in excess of the budget request 
     for virtually all of these accounts. As a general rule, once 
     a project has received funds for the initial phases of any of 
     these authorities, the project will continue to be funded as 
     long as it proves to be environmentally sound, technically 
     feasible, and economically justified, as applicable. With 
     this in mind, the conference has chosen to limit explicit 
     direction of these project authorities.
       The conferees are aware that there are funding requirements 
     for ongoing, continuing authorities projects that may not be 
     accommodated within the funds provided for each program. It 
     is not the conference's intent that ongoing projects be 
     terminated. If

[[Page H10479]]

 additional funds are needed to keep ongoing work in any program on 
     schedule, the conference urges the Corps to reprogram the 
     necessary funds.
       Small Flood Control Projects (Section 205).--Funding for 
     the Zimber Ditch, Stark County, Ohio project is now provided 
     under the Ohio Environmental Infrastructure program. The 
     conference is informed that $700,000 in funding was provided 
     for Butler Lake, Illinois, in fiscal year 2004, most of which 
     has not been expended, and directs that, if true, the Corps 
     of Engineers utilize funding provided to initiate 
     construction on an expedited basis.
       Tribal Partnership Program.--The conferees acknowledge the 
     serious impacts of coastal erosion and flooding due to 
     continued climate change in Alaska. The conference expects 
     the Corps to continue its work in this area and has included 
     a total of $4,000,000, of which $2,000,000 is to combat 
     erosion in Alaska.
       A field hearing was held in Anchorage, Alaska on June 29 
     and 30, 2004, on the impacts of severe erosion and flooding 
     on Alaska Native villages.
       There is no Federal or State agency to coordinate and 
     assist these communities in the relocation or in the interim 
     provide preventative measures to slow the effects of the 
     erosion and flooding. The conference finds there is a need 
     for an Alaska erosion baseline study to coordinate and plan 
     the appropriate responses and assistance for Alaska villages 
     in the most need and to provide an overall assessment on the 
     priority of which villages should receive assistance. 
     Therefore, the conference has provided the $2,000,000 for 
     this study.
       In addition, the conferees have also included $150,000 for 
     Idaho; $150,000 for Nevada to initiate cultural resource 
     restoration on historic Washoe lands; and $150,000 for New 
     Mexico to further the tribal assistance efforts by the Corps 
     in these States.


                   mississippi river and tributaries

       Atchafalaya Basin, Louisiana.--The conference has included 
     $1,253,000 for the continued levee enlargement construction 
     work.
       Yazoo Basin, Mississippi, Yazoo Backwater Project (Pumping 
     plant and Nonstructural Features), Mississippi.--The 
     conference has provided $12,000,000 and directive legislative 
     language to maintain the schedule to complete the design, to 
     initiate the pump supply contract, and to continue the real 
     estate activities.


                       operation and maintenance

       Mobile Harbor, Alabama.--The conferees have included an 
     additional $1,000,000 to continue the Garrows Bend 
     environmental restoration.
       Tennessee--Tombigbee Waterway, Alabama & Mississippi.-- The 
     conference has included an additional $650,000 to perform 
     additional maintenance dredging. Of the funds provided, up to 
     $300,000 may be used for aquatic plant control activities.
       Anchorage Harbor, Alaska.--The conferees have included an 
     additional $2,000,000 for maintenance dredging of the harbor.
       Chena River Lakes, Alaska.--The conferees have included an 
     additional $775,000 for the additional deferred maintenance 
     work of the Chena River Lakes project.
       Nome Harbor, Alaska.--The conference has included an 
     additional $1,000,000 for additional maintenance dredging of 
     the harbor.
       Cherry Creek, Chatfield, and Trinidad Lakes, Colorado.--The 
     conferees have included an additional $1,549,000 for 
     continued repairs at these three lakes. This action in no way 
     is intended to alter the Corps of Engineers' lease and 
     property accountability policies. It is the conference's 
     understanding that the State of Colorado has agreed to cost 
     share this project on a 50-50 basis. It is also the 
     understanding of the conferees that the Secretary is not to 
     assume, nor share in the future of the operation and 
     maintenance of these recreation facilities. Of the funds 
     provided, the Corps is directed to conduct a reallocation 
     study for Chatfield Reservoir project.
       Intracoastal Waterway, Delaware River to Chesapeake Bay, 
     Delaware and Maryland.--The conference recommendation 
     includes $14,400,000 for this project. Within the funds 
     provided, $500,000 is included for maintenance costs of the 
     SR-1 Bridge and $100,000 for plans and specifications for the 
     Summit Bridge approaches.
       Apalachiacola, Chattahoochee and Flint Rivers, Georgia, 
     Alabama, and Florida.--The conference has included an 
     additional $5,231,000, which includes annual dredging of the 
     river channel, annual operations and maintenance of the 
     George W. Andrews Lock, spot dredging of shoals, continuation 
     of slough mouth restoration, and routine operations and 
     maintenance of the project.
       Dworshak Dam and Reservoir, Idaho.--The conferees have 
     included an additional $500,000 for site improvements and 
     environmental compliance efforts.
       Snake River Dredging, Idaho, Oregon, and Washington.--The 
     conferees have recommended $250,000 for dredging completion 
     of the Programmatic Dredged Material Management Plan/
     Supplemental Environmental Impact Statement and for 
     maintenance dredging on the Snake River.
       Ohio River Locks and Dams, Kentucky, Illinois, Indiana, and 
     Ohio.-- Within the funds provided, the Corps of Engineers is 
     directed to utilize up to $2,500,000 in cooperation with 
     Operation Respond, a non-profit organization, to implement a 
     demonstration project collecting and integrating imagery of a 
     selected segment of the Ohio Basin, gathering data from 
     Federal and non-Federal interests, developing and testing 
     software primarily for the use of emergency responders, and 
     for stabilization measures for the Emery Lane bank failure at 
     Indianapolis, Indiana.
       Wolf Creek Dam, Lake Cumberland, Kentucky.--Additional 
     funding includes $500,000 for parking improvements at Lee's 
     Ford Marina, as well as additional funding for powerhouse-
     related repairs.
       Mississippi River Between Missouri River and Minneapolis 
     (MVR Portion), Illinois.--The conference recommendation 
     includes $43,473,000. Within the funds provided, $1,000,000 
     is for continuation of the rehab of Lock and Dam 11.
       Delaware River, Philadelphia to the Sea, New Jersey, 
     Pennsylvania, and Delaware.--The conferees have included an 
     additional $1,450,000 for completion of the Pea Patch Island 
     project.
       Council Grove Lake, Kansas.--The conference has included 
     additional funding for the repair and upgrade of public use 
     facilities.
       Wilson Lake, Kansas.--The conference has provided 
     additional funding for the Corps to conduct a reallocation 
     study.
       Barren River Lake, Kentucky.--The conferees have provided 
     additional funding for the repair and upgrade of public use 
     facilities.
       J. Bennett Johnston Waterway, Louisiana.--The conference 
     has included additional funding for bank stabilization 
     repairs, dredging entrances to oxbow lakes, routine operation 
     and maintenance activities, annual dredging requirements, and 
     backlog maintenance.
       Fort Peck Dam, Montana.--The conferees have included 
     additional funds to complete the on-going construction work 
     related to the site.
       Cochiti Lake, New Mexico.--The conferees have provided 
     additional funds for the continuation of studies that were 
     initiated in fiscal year 2004, which include the proposed 
     operational changes and gate automation and to begin the 
     relocation of the Al Black area.
       Garrison Dam and Lake Sakakawea, North Dakota.--The 
     conference has provided additional funds for mosquito control 
     and for deferred maintenance activities. The conference is 
     aware that low lake levels on Lake Sakakawea, North Dakota 
     have made the current marina located at Fort Stevenson 
     unusable and expects the Army Corps to use funds within this 
     account to relocate this marina to Garrison Bay.
       Norfolk Harbor, Craney Island, Virginia.--The conference 
     has provided additional funds in order to raise the 
     containment dikes to provide the capacity needed for the 
     Norfolk Harbor Deepening project.
       Connecticut River Flood Control Dams, Vermont.--$250,000 
     has been provided for fish passage facilities at these 
     projects.
       Columbia & Lower Willamette River Below Vancouver, 
     Washington and Portland, Oregon.--The conference 
     recommendation includes $250,000 for the Astoria Boat Basin.
       Regional Sediment Management Demonstration Program.--The 
     conferees have provided $2,500,000 for this program. Within 
     the funds provided, $500,000 is for the southeast coast of 
     Oahu, Hawaii and $1,000,000 is for the Littoral Drift 
     Restoration Program, Washington.


        formerly utilized sites remedial action program (fusrap)

       The conferees provide $165,000,000 for the Formerly 
     Utilized Sites Remedial Action Program (FUSRAP). The 
     additional funds are to be used to accelerate cleanup of 
     existing FUSRAP sites and to address potential new sites that 
     may qualify as eligible FUSRAP sites, such as the former 
     Sylvania nuclear fuel site located in Hicksville, New York.


      office of the assistant secretary of the army (civil works)

       The conferees provide $4,000,000 for the salaries and 
     expenses of the Office of the Assistant Secretary of the Army 
     (Civil Works). This office had previously been funded under 
     the Operation and Maintenance, Army, appropriation.

                 General Provisions--Corps of Engineers

       Sec. 101. The conference report includes language regarding 
     credits and reimbursements.
       Sec. 102. The conference report includes language regarding 
     Tuscarawas County, Ohio.
       Sec. 103. The conference report includes language about 
     divesting civil works functions.
       Sec. 104. The conference report includes language regarding 
     Alamagordo, New
       Mexico.
       Sec. 105. The conference report includes language regarding 
     Stark County, Ohio.
       Sec. 106. The conference report includes language regarding 
     the St. Georges Bridge in Delaware.
       Sec. 107. The conference report includes language regarding 
     Lake Cumberland,
       Kentucky.
       Sec. 108. The conference report includes language regarding 
     the Lake Tahoe
       Basin in California and Nevada.
       Sec. 109. The conference report includes language regarding 
     the Lake Tahoe
       Watershed in California and Nevada.
       Sec. 110. The conference report includes language regarding 
     the Prado Dam in California.
       Sec. 111. The conference report includes language regarding 
     the Black Warrior-
       Tombigbee Rivers in Alabama.
       Sec. 112 and Sec. 113. The conference report includes 
     language regarding the submittal of Chief of Engineers 
     reports.

[[Page H10480]]

       Sec. 114. The conference report includes language regarding 
     coastal wetlands conservation funding.
       Sec. 115. The conference report includes language regarding 
     Lake Sakakawea in North Dakota.
       Sec. 116. The conference report includes language regarding 
     Central City in Fort Worth, Texas.
       Sec. 117. The conference report includes language regarding 
     Alaska erosion.
       Sec. 118. The conference report includes language regarding 
     Cook Inlet, Alaska.
       Sec. 119. The conference report includes language regarding 
     Northern Wisconsin.
       Sec. 120. The conference report includes language regarding 
     St. Croix Falls,
       Wisconsin.
       Sec. 121. The conference report includes language regarding 
     Burns Harbor,
       Indiana.
       Sec. 122. The conference report includes language regarding 
     Duck River,
       Alabama.
       Sec. 123. The conference report includes language regarding 
     Yakutat, Alaska.

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[[Page H10539]]

                  TITLE II--DEPARTMENT OF THE INTERIOR

                Central Utah Project Completion Account

       The conference agreement includes $48,009,000 for fiscal 
     year 2005 to carry out the provisions of the Central Utah 
     Project Completion Act. An appropriation of $30,806,000 has 
     been provided for Central Utah project construction; 
     $15,469,000 for fish, wildlife, and recreation, mitigation 
     and conservation. The conference recommendation provides 
     $1,734,000 for program administration and oversight.

                         Bureau of Reclamation


                      Water and Related Resources

       An appropriation of $859,481,000 is provided by the 
     conferees for Water and Related Resources.


                       Building and Site Security

       Security Costs and Allocations.--Following the attacks on 
     September 11, 2001, the Bureau of Reclamation strengthened 
     security at Federal dams and similar facilities and has 
     undertaken but not completed extensive risk assessments for 
     over 400 units throughout the West. Many of these are multi-
     purpose facilities providing flood control, water storage for 
     contract irrigators, municipal and industrial water supplies, 
     power generation, recreation and environmental mitigation 
     benefits. The conference understands that beginning in fiscal 
     year 2005, Reclamation will no longer make a distinction 
     between pre-September 11, 2001, security costs and post-
     September 11, 2001, security costs. The conference recognizes 
     that the security posture of Reclamation will likely not 
     approach pre-September 11, 2001, levels for many years, if 
     ever. The conference recognizes that project beneficiaries 
     benefit from this enhanced security. However, the conference 
     remains concerned about the reimbursability of increased 
     security costs for Reclamation projects. Therefore, 
     Reclamation shall provide a report to the conference, no 
     later than, May 1, 2005, with a breakout of planned 
     reimbursable and non-reimbursable security costs by project, 
     by region. The conference directs the Commissioner not to 
     begin the reimbursement process until the Congress provides 
     direct instruction to do so.
       Within the funds provided for the Central Valley Project, 
     Colorado Front Work and Levee System, AZ. The conference has 
     included additional funds to continue activities for water 
     management reservoirs to be constructed along the All 
     American Canal.
       Central Valley Project.--A total of $7,500,000 has been 
     provided under various divisions of the Central Valley 
     Project in support of the California Bay-Delta Restoration. A 
     description of the activities for which funds have been added 
     follows.

                         Central Valley Project


                      ENVIRONMENTAL WATER ACCOUNT

       Miscellaneous Project Programs.--$1,000,000 is provided to 
     acquire water and groundwater storage.


                   PLANNING AND MANAGEMENT ACTIVITIES

       Delta Division Oversight.--$500,000 is provided to continue 
     coordination, administration, planning, performance tracking 
     and science activities in coordination with CALFED Program 
     Implementation Plan.


                                STORAGE

       Delta Division.--$1,000,000 is provided for Reclamation to 
     continue participating in planning and study activities 
     associated with enlarging Los Vaqueros reservoir.
       Sacramento River Division.--$1,000,000 is provided to 
     continue planning and study activities for Sites reservoir.
       Shasta Division.--$1,000,000 is provided to continue 
     evaluating the potential impacts of the proposed Shasta 
     raise.


                               CONVEYANCE

       Delta Division.--$1,000,000 is provided for the Tracy Test 
     Fish facility.
       Miscellaneous Project Programs.--$1,000,000 is provided for 
     the continuation of feasibility levels studies and technical 
     assistance to the State of California; $1,000,000 for the 
     Bureau for the administration of storage, conveyance, water 
     use efficiency, ecosystem restoration, science and water 
     transfer.
       Central Valley Project, Friant Division, California.--The 
     conferees have provided an additional $1,000,000 for the 
     Bureau of Reclamation to continue the Upper San Joaquin River 
     Basin Storage investigation.
       Middle Rio Grande Project, New Mexico.--The conferees are 
     pleased with the increased progress of on-the-ground 
     activities resulting from implementation of the Executive 
     Committee of the Endangered Species Collaborative program. Of 
     the total $6,150,000 provided for this effort, the Bureau of 
     Reclamation is to fund the following activities: $2,000,000 
     for habitat restoration; $275,000 for water and minnow 
     management improvement; $2,000,000 for water acquisition; 
     $500,000 for science and monitoring; $750,000 for biological 
     opinion monitoring; and $625,000 for program management. 
     Prior to obligation of funds, the Bureau is to submit the 
     funding levels for each category, accompanied by a detailed 
     spending plan, to the House and Senate Appropriations 
     Committees for approval. The Bureau will also submit to 
     the Committees, concurrent with the President's funding 
     request to Congress, a detailed spending plan for the 2006 
     fiscal year. The cost-share requirements for this program 
     remain 75 percent Federal/25 percent non-Federal. Within 
     the funds provided, the Bureau is directed to begin work 
     on the models for the Silvery Minnow sanctuary.
       Middle Rio Grande Project, Middle Rio Grande Levees, New 
     Mexico.--The conference has provided an additional $5,000,000 
     for the continued repair of the Middle Rio Grande levees, on 
     which work began in fiscal year 2003.
       San Juan River Basin Investigations Program, New Mexico.--
     The conference has included additional funds for the 
     Commissioner to begin the evaluation and initial work 
     regarding the San Juan Chama, New Mexico, title transfer.
       Oklahoma Investigations Project, Oklahoma.--The conferees 
     have provided additional funds for the Bureau of Reclamation 
     to continue studying ways to improve management of the 
     Arbuckle-Simpson aquifer.
       Klamath Project, Oregon and California.--The conferees 
     recommend additional funds for the Klamath Project water bank 
     program. From within available funds, the conferees direct 
     that up to $1,000,000 be used for water quality multi-probe 
     and flow measurement instrumentation.
       Mni Wiconi Project, South Dakota.--The conference agreement 
     provides $25,282,000 for this project. Within the funds 
     provided, up to $160,000 may be used to replace water trucks 
     for the Oglala Sioux Tribe. Reclamation and its tribal 
     partners are cautioned that these water trucks should only be 
     used for supplying water on a temporary short term critical 
     need basis to areas that are part of the authorized Mni 
     Wiconi project but are not yet served by the project. As more 
     of the project is completed, the conference expects this 
     water hauling operation to diminish. The Rosebud Sioux Rural 
     Water System is authorized to utilize funds provided for the 
     operation and maintenance of the Mni Wiconi Rural Water 
     Project to contract with the town of White River to deliver 
     water to tribal members located in White River, SD.
       Washington State Investigations Program, Washington.--The 
     conference has included additional funds for studies of the 
     West Canal reach through Ephrata and for appraisal of the 
     Odessa Subaquifer.
       Departmental Irrigation Drainage Program.--The conferees 
     have included additional funds for the Uncompahgre, Colorado 
     selenium project.
       Drought Emergency Assistance Program.--The conferees have 
     provided additional funds for drought assistance and urge the 
     agency to provide full and fair consideration of the request 
     for drought assistance from the State of Hawaii. The 
     conferees are aware of the impacts of the significant drought 
     which has lasted several years in the West, and has provided 
     $50,000 for drought assistance in an effort to mitigate some 
     effects of the drought. Of the total funds provided, $250,000 
     is for Espanola, New Mexico and $200,000 is for Chimayo, New 
     Mexico.
       Water 2025.--The dire drought the West is currently 
     experiencing, combined with an unprecedented number of water 
     users and endangered species and related requirements, make 
     water use efficiencies more critical than ever. The 
     conference has provided $19,500,000 for this initiative 
     proposed by the administration. The reduction does not 
     reflect the conference's strong support for this effort. The 
     initiative is an effort to enhance efficiency and performance 
     in water and power delivery. Ultimately, the conference 
     believes that the initiative, if successfully carried out, 
     will result in enhanced efficiency in the operation of 
     Reclamation programs and projects. Of the funds provided 
     $2,000,000 is for the Desert Research Institute to address 
     water quality and environmental issues in ways that will 
     bring industry and regulators to mutually acceptable answers. 
     The conference believes that the water resource and 
     efficiency issues, combined with the drought and endangered 
     species listings, make the Rio Grande River in New Mexico the 
     embodiment of the Water 2025 initiative. Therefore, the 
     conference has included $1,750,000 to provide for continued 
     efficiency and water improvements related to the Middle Rio 
     Grande Conservancy district, including a system evaluation, 
     siphons, flow measurement gages, gates and the automation of 
     diversions.
       In addition, the conference has included $1,000,000 for 
     work related to the Aamodt water rights settlement efforts.
       The conference strongly encourages the Bureau to consider 
     providing funding to the Rural Water Technology Alliance to 
     implement low-cost remote sensing technologies and water 
     conservation technologies in the West. The conferees have 
     also provided additional funds for the Bureau of Reclamation 
     to continue its successful alliance with the International 
     Center for Water Resources Management at Central State 
     University in Ohio, the Ohio View Consortium, and Colorado 
     State University, for the development of advanced remote 
     sensing technologies for use in operational decisionmaking to 
     deal with the current drought conditions and with future 
     constraining events. The conferees are also aware of the 
     serious water shortage issues in Central Texas. There is 
     significant potential to address these issues if salinity 
     problems in the Lake Whitney watershed could be ameliorated. 
     The Bureau is encouraged to work with local and State 
     officials as well as researchers at Baylor University to 
     address these problems.
       Science and Technology, Desalination Research and 
     Development Program.--The conferees have provided additional 
     funds for desalination efforts for research and development 
     of new, advanced technologies to create new additional water 
     supplies using desalination and related technologies. The

[[Page H10540]]

     Commissioner is directed to assess the potential use of 
     advanced water treatment technologies as a resource to create 
     new net water supplies and to evaluate project benefits, 
     economic values and environmental effects. Further, the 
     Commissioner should identify resource needs that can be met 
     through these technologies and inter-party transfers, and to 
     identify obstacles to be overcome (physical, financial, 
     institutional, and regulatory). In using the funds provided, 
     the Bureau shall pay particular attention to research and 
     development of shallow well pretreatment, brine disposal and 
     recycling, micro-filtration and ultra-filtration, and water 
     conditioning. Further, the conference continues to urge the 
     Bureau of Reclamation to place a higher priority on 
     desalination activities in future budgets given the 
     importance of sustainable water supplies to the West and to 
     other regions of the country. Of the funds provided, 
     $3,500,000 is for the continuation of the project in 
     Tularosa, New Mexico. The conference notes that, with regard 
     to the Tularosa Basin National Desalination Research Center, 
     section 7 of the Water Desalination Act of 1996 does not 
     apply to the project because it is a joint Federal effort.
       The conference has also included $3,000,000 in additional 
     funding for the WateReuse Foundation. These funds shall be 
     available to support the Foundation's research priorities.
       Wetlands Development.--The conferees have provided $500,000 
     for the Bureau of Reclamation to continue work on the East 
     Wetlands Restoration project in Yuma, Arizona.
       Title XVI, Water Reclamation and Reuse Program.--The 
     conference agreement provides $1,655,000 for the Title XVI 
     Water Reclamation and Reuse Program. Of this, $125,000 is 
     provided for the Bureau to work with the Mission Springs, 
     California, Water District to evaluate further the 
     possibilities of using recycled water for groundwater 
     recharge or other non-potable uses.
       Water Management and Conservation Program.--Within the 
     funds provided, the conferees direct that $700,000 be used to 
     continue urban water conservation programs within the service 
     area of the Metropolitan Water District of Southern 
     California and $200,000 for the Bureau to continue a cost 
     shared, industrial recirculation water efficiency effort 
     related to recirculating water use by industries in Southern 
     California to conserve water.


                Central Valley Project Restoration Fund

       The conference agreement provides $54,695,000 for the 
     Central Valley Project Restoration Fund.


                       Policy and Administration

       The conference agreement provides $58,153,000 for general 
     administrative expenses. The conferees expect the Bureau of 
     Reclamation to continue to observe underfinancing guidance 
     provided in the fiscal year 2004 Energy and Water 
     Appropriations Act.

             General Provisions--Department of the Interior

       Sec. 201. The conference report includes language regarding 
     Kesterson Reservoir in California.
       Sec. 202. The conference report includes language regarding 
     the purchase or lease of water in New Mexico.
       Sec. 203. The conference report includes language regarding 
     the Lower Colorado River Basin Development.
       Sec. 204. The conference report includes language regarding 
     Drought Emergency Assistance.
       Sec. 205. The conference report includes language regarding 
     the San Juan Chama Project in New Mexico.
       Sec. 206. The conference report includes language regarding 
     Water 2025.
       Sec. 207. The conference report includes language regarding 
     the Animas La Plata project.
       Sec. 208. The conference report includes language regarding 
     Montana water contract extensions.

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                    TITLE III--DEPARTMENT OF ENERGY

       The summary tables at the end of this title set forth the 
     conference agreement with respect to the individual 
     appropriations, programs, and activities of the Department of 
     Energy. Additional items of conference agreement are 
     discussed below.

                        Congressional Direction

       The conferees support the House language requiring the 
     Secretary to submit to the House and Senate Committees on 
     Appropriations, Subcommittee on Energy and Water Development, 
     a quarterly report on the status of all projects, reports, 
     fund transfers, and other actions directed in the House bill 
     and report for the Energy and Water Development 
     Appropriations Act for Fiscal Year 2005, and in this 
     conference agreement.

                       Five-Year Budget Planning

       The conferees agree with the House language regarding five-
     year budget planning.

                    Non-NNSA Work at NNSA Facilities

       Within 90 days of enactment, the conferees direct the 
     Secretary, working with the Administrator of the National 
     Nuclear Security Administration (NNSA), to put in place 
     written procedures for work taskings originating from non-
     NNSA program offices in DOE to NNSA laboratories that are 
     consistent with the constraints of Section 3213 of Public Law 
     106-65, as subsequently modified by Section 3157 of Public 
     Law 106-398, and follow the chain of command (i.e., through 
     the Secretary of Energy and the Administrator of the NNSA to 
     the NNSA field elements) that is clearly specified in those 
     statutes.

          Laboratory Directed Research and Development (LDRD)

       The conferees recognize the value of conducting 
     discretionary research at DOE's national laboratories. Such 
     research provides valuable benefits to the Department and to 
     other Federal agencies, and is useful for attracting and 
     retaining scientific talent.
       However, the conferees continue to have serious 
     reservations about the financial execution of this program, 
     specifically with how the Department's laboratories levy the 
     LDRD ``tax'' on work being performed for other agencies (Work 
     for Others). The conferees agree with the concerns detailed 
     in the House report dealing with LDRD and work for others. 
     Beginning with the enactment of this appropriation, DOE shall 
     not advance funds for LDRD based upon work for others, but 
     only provide the LDRD funds to the labs once the Department 
     has received the fund transfers from other agencies to pay 
     for the work.

                        Reprogramming Guidelines

       The conferees require the Department to inform the House 
     and Senate Committees on Appropriations promptly and fully 
     when a change in program execution or funding is required 
     during the fiscal year. A reprogramming includes the 
     reallocation of funds from one activity to another within an 
     appropriation, or any significant departure from a program, 
     project, or activity described in the agency's budget 
     justification as presented to and approved by Congress. For 
     construction projects, a reprogramming constitutes the 
     reallocation of funds from one construction project 
     identified in the justifications to another project or a 
     significant change in the scope of an approved project.
       A reprogramming should be made only when an unforeseen 
     situation arises, and then only if delay of the project or 
     the activity until the next appropriations year would result 
     in a detrimental impact to an agency program or priority. The 
     Department should not submit reprogrammings in the fourth 
     quarter of the fiscal year unless necessitated by an 
     unforeseeable change in external circumstances. 
     Reprogrammings may also be considered if the Department can 
     show that significant cost savings can accrue by increasing 
     funding for an activity. Mere convenience or desire should 
     not be factors for consideration.
       Reprogrammings should not be employed to initiate new 
     programs or to change program, project, or activity 
     allocations specifically denied, limited, or increased by 
     Congress in the Act or report. In cases where unforeseen 
     events or conditions are deemed to require such changes, 
     proposals shall be submitted in advance to the Committees and 
     be fully explained and justified.
       The conferees have not provided statutory language to 
     define the reprogramming guidelines, but do expect the 
     Department to follow the spirit and the letter of the 
     guidance provided in this report. The Committees have not 
     provided the Department with any internal reprogramming 
     flexibility in fiscal year 2005, unless specifically 
     identified in the House or conference reports. Any 
     reallocation of new or prior year budget authority or prior 
     year deobligations must be submitted to the Committees in 
     writing and may not be implemented prior to approval by the 
     Committees on Appropriations.

    Reductions Necessary To Accommodate Specific Program Directions

       The Department is directed to provide a report to the House 
     and Senate Committees on Appropriations by March 30, 2005, on 
     the actual application of any general reductions of funding 
     or applications of prior year balances contained in this 
     conference agreement. Such reductions are to be applied 
     proportionately against each program, project, or activity. 
     If necessary, the Department must submit a reprogramming to 
     reallocate funds if the proportional reduction unduly impacts 
     a specific program, project, or activity.

                      Small Business Procurements

       The conferees are concerned that the Department of Energy's 
     current efforts at breaking out procurement requirements for 
     small business contracts do not represent a systematic 
     approach for consideration of small business statutory goals 
     together with other legitimate acquisition objectives. The 
     conference report includes statutory language (General 
     Provisions 312 and 313) requiring the Department to undertake 
     such a systematic approach by utilizing the appropriate 
     consultative process set forth in the Federal Acquisition 
     Regulation.

                             Energy Supply

       The conference agreement provides $946,272,000 for Energy 
     Supply.


                       RENEWABLE ENERGY RESOURCES

       The conference agreement provides $389,063,000 for 
     renewable energy resources. As in fiscal year 2004, funds for 
     renewable energy resources shall remain available until 
     expended. The conferees provide $5,000,000 for the National 
     Center on Energy Management and Building Technologies and 
     direct that this project shall be subject to the cost sharing 
     requirements of a research project rather than a 
     demonstration project.
       Biomass/biofuels.--The conference agreement includes 
     $82,147,000 for biomass and biorefinery systems research and 
     development. The conference agreement includes $500,000 for 
     the Oxydiesel demonstration program in California and Nevada; 
     $500,000 for a biorefinery at the Louisiana State University 
     Agricultural Center; $500,000 for the ThermoEnergy research 
     project at the University of Nevada-Reno; $500,000 for the 
     Vermont Biomass Energy Center; $500,000 for the Vermont 
     Biofuels Initiative; $500,000 for the National Ag-Based 
     Industrial Lubricants Center at the University of Northern 
     Iowa; $500,000 for the Chariton Valley Biomass Project; 
     $250,000 for the Eastern Nevada Landscape Coalition for 
     biomass restoration and science-based restoration; $250,000 
     for the City of Wells, Nevada, Recycling for Energy 
     Conservation Project; $1,000,000 for the Center for Biomass 
     Utilization at the University of North Dakota; $500,000 for 
     the Livingston Parish Alternative Fuel Plant Construction; 
     $3,000,000 for the Consortium for Plant Biotechnology 
     Research (CPBR); $200,000 for the Alaska Wood Biomass 
     project; $3,000,000 for the Mississippi Technology Alliance 
     Alternative Energy Enterprise Program; $1,500,000 for the 
     Mississippi State University Biodiesel from Feedstocks 
     project; $2,000,000 for the Kentucky Rural Energy Supply 
     program; $1,500,000 to the South-Eastern and North-Central 
     Regional Sun Grant Centers for purposes as authorized in H.R. 
     2673, the Consolidated Appropriations Act, 2004, which 
     amended Title IX of the Farm Security and Rural Investment 
     Act of 2002, for research, extension, and educational 
     programs on biobased energy technologies and products; 
     $500,000 for the Purdue-Midwest Consortium for Sustainable 
     Biofuels; $1,000,000 for the Texas A&M Renewable Energy from 
     Animal Biowaste project; $1,500,000 for the Biotech-to-
     Ethanol Project; $2,000,000 for the National Biofuel Energy 
     Laboratory; $1,000,000 for the Research Triangle Biomass 
     project in North Carolina; $2,000,000 for sugar-based ethanol 
     biorefinery at Louisiana State University; $200,000 for the 
     SUNY-Morrisville anaerobic digester project; $3,000,000 
     through NREL for demonstration for a small-scale biomass 
     system (BioMax); $1,000,000 for research on anaerobic 
     digestion by the Ohio Agricultural Research Development 
     Center in cooperation with the City of Wooster. The 
     conference agreement provides $500,000 for alternative fuel 
     source study in Alabama, $1,500,000 is provided for a 
     biorefinery and hydrogen fuel cell research in Georgia.
       The conferees believe that the Regional Biomass Energy 
     Program (RBEP) has been a successful partnership and provide 
     $4,000,000 for product development and State and Regional 
     partnership activities.
       Geothermal.--The conference agreement includes $25,800,000 
     for geothermal activities, the same as the budget request. 
     Geopowering the West is funded at current year levels. The 
     Department is directed to maintain funding for university 
     research at the fiscal year 2004 funding level. The 
     conference agreement includes $500,000 for the Full Circle 
     Project in Lake County, California; $1,000,000 for geothermal 
     research at the University of Nevada-Reno; $500,000 for the 
     Tuscarora Geothermal Project; $300,000 for the Klamath and 
     Lake Counties Geothermal-Agricultural Industrial Park in 
     Oregon; $750,000 for the Geothermal Mill Redevelopment 
     project in Massachusetts; and $196,000 for the University of 
     Texas Permian Basin Center for Energy and Economic 
     Diversification for geothermal research.
       Hydrogen.--The conference agreement includes $95,325,000 
     for hydrogen activities. No funds are provided for the 
     proposed effort on hydrogen education as these efforts are 
     premature. The conference agreement includes $2,000,000 for 
     the Fuel Cell Mine Loader and Prototype Locomotive; 
     $1,000,000 for the Hawaii Hydrogen Center for Development and 
     Deployment of Distributed Energy Systems; $5,000,000 for the 
     University of Nevada-Las Vegas renewable hydrogen fueling 
     station system; $3,000,000 for the University of Nevada-Las 
     Vegas for hydrogen storage and fuel cells; $100,000 for the 
     Zero Emission Bus Demonstration Program Evaluation; 
     $1,000,000 for the hydrogen fuel cell project for the 
     Regional Transportation Commission

[[Page H10553]]

     of Washoe County, Nevada; $1,100,000 for the Ohio Distributed 
     Hydrogen Project; $2,000,000 for the Hydrogen Regional 
     Infrastructure Program; $2,000,000 for the University of 
     South Carolina Clean Energy Research program; $1,000,000 for 
     the University of Toledo/Bowling Green Fuel Cell Research 
     project; $5,000,000 for the California Hydrogen 
     Infrastructure Project, including $1,000,000 for validation 
     efforts within the Lake Tahoe basin; $500,000 for Startech 
     plasma conversion technology; $3,000,000 for fuel cell 
     research at the University of South Florida; $3,000,000 for 
     the Edison Materials Technology Center to develop improved 
     materials to support the hydrogen economy; and $2,000,000 for 
     the Florida Hydrogen Initiative; $5,000,000 should be used to 
     support a competitive solicitation for solid oxide fuel cell 
     research under a cost-shared program to look at the 
     application of solid oxide electrochemical technology for co-
     production of hydrogen and electricity and also for storage 
     of electricity through closed and open system regenerative 
     fuel cells.
       The conferees strongly support the FreedomCar and Hydrogen 
     Fuel initiatives.
       Hydropower.--The conference agreement provides $5,000,000 
     for hydropower. As directed previously, the Department should 
     focus its efforts on completing a limited program of 
     testing and demonstration of new turbine technologies and 
     then transfer these technologies to other Federal agencies 
     and private sector firms for deployment. The proposed 
     increase for advanced hydropower technology should be 
     funded by the agencies that own and operate the Federal 
     hydropower facilities, not by the Department of Energy.
       Solar Energy.--The conference agreement includes 
     $86,533,000 for solar energy programs. As in prior fiscal 
     years, the conferees have combined the concentrating solar 
     power, photovoltaic energy systems, and solar building 
     technology subprograms into a single program for solar 
     energy, with the control level at the solar energy program 
     account level. The Southeast and Southwest photovoltaic 
     stations are to be funded at current year levels and the 
     conferees direct the Department to continue to support the 
     public-private Million Solar Roofs program. The conferees 
     include $6,000,000 from within available funds for 
     concentrating solar power. The conference agreement includes 
     $200,000 for Photovoltaic panels for the Mark Twain House and 
     Museum; $750,000 for the Solar Technology Center at the 
     University of Nevada-Las Vegas; $1,500,000 for Photonics 
     Research and Development at the University of Nevada-Las 
     Vegas; $4,500,000 for the evaluation of solar-powered thermo-
     chemical production of hydrogen for the University of Nevada-
     Las Vegas; $400,000 for the University of Louisville 
     Sustainable Buildings project; $1,500,000 for the Conductive 
     Coatings for Solar Cells project; and $250,000 for the Town 
     of Yucca Valley solar energy project (CA).
       Wind.--The conference agreement includes $41,600,000 for 
     wind programs. The conference agreement includes $500,000 for 
     the North Dakota Hydrogen Wind Pilot Project; $500,000 for 
     the Great Plains Wind Energy Transmission Development 
     Project; $1,500,000 for the Alaska Wind Energy project; 
     $500,000 for the Renewable Energy for Rural Economic 
     Development Program, Utah State University (UT); $500,000 for 
     the Iowa Lakes Community College wind turbine project; and 
     $525,000 for the St. Francis University (PA) wind farm 
     project.
       Intergovernmental Activities.--The conference agreement 
     includes $17,000,000 for renewable support and 
     implementation. This amount includes $6,500,000 for the 
     international renewable energy program, including $2,000,000 
     for the International Utility Electricity Partnership (IUEP), 
     $5,500,000 for tribal energy, and $5,000,000 for the 
     Renewable Energy Production Incentive (REPI). The conference 
     agreement includes $1,000,000 for the Pyramid Lake Paiute 
     Tribe Renewable Energy Park; $1,000,000 for the Council of 
     Renewable Energy Resource Tribes (CERT); and $600,000 for the 
     Clean Energy Technology Exports (CETE) initiative. The funds 
     for CETE are provided to the Office of International Energy 
     Market Development in the Department of Energy to carry out a 
     program in support of the multi-Agency Clean Energy 
     Technology Exports Initiative.
       Renewable Support and Implementation.--The conference 
     agreement provides $4,967,000, including $1,967,000 for 
     departmental energy management and $3,000,000 to continue the 
     efforts of the National Renewable Energy Laboratory (NREL) to 
     develop renewable energy resources uniquely suited to the 
     Southwestern United States through its virtual site office in 
     Nevada.
       National Climate Change Technology Initiative.--The 
     conferees provide no funds for this initiative.
       Facilities and Infrastructure.--The conference agreement 
     provides the requested amount of $4,800,000 for the National 
     Renewable Energy Laboratory (NREL) and includes an additional 
     $6,680,000 for construction of the new Science and Technology 
     facility at NREL (project 02-E-001).
       Program Direction.--The conference agreement includes 
     $19,211,000 for program direction.


               Electricity Transmission and Distribution

       The conference agreement provides $121,155,000 for 
     Electricity Transmission and Distribution. The conference 
     agreement includes $5,000,000 to accelerate the operation of 
     the national SCADA testbed at the Idaho National Laboratory. 
     The conferees provide $5,500,000 for the GridWorks initiative 
     and $6,500,000 for the GridWise initiative, which includes an 
     additional $1,500,000 in GridWise for the Northwest Regional 
     Demonstration project. The conference agreement includes: 
     $750,000 for the Electric Utility Transmission and 
     Distribution Line Engineering Project; $325,000 for the 
     Pacific Northwest Bi-National Regional Energy Planning 
     Initiative (AK); $3,000,000 for the Western Environmental 
     Technology Office; $2,000,000 for the University of Missouri 
     at Rolla electric transmission program; $1,000,000 for the 
     Smart Energy Management Control Systems project in Alabama; 
     $1,500,000 for the Northwest Indiana Electric Infrastructure 
     project; $1,500,000 for the University of Notre Dame for 
     research on ionic fluids for power distribution; $1,500,000 
     for the Center for Grid Modernization (PA); $1,000,000 for 
     the Large Scale Energy Center in Michigan; $750,000 for 
     research on advanced ceramic engines and materials for energy 
     applications; $1,000,000 for the National Center for Reliable 
     Electric Power Transmission to develop high power silicon-
     carbide based power electronics systems (AR); $2,000,000 to 
     continue development of the bi-polar Ni-Mh wafer cell battery 
     storage system; $1,500,000 for the Iowa Stored Energy Plant 
     using an underground aquifer; $2,000,000 for research, 
     development, and demonstration of advanced thermal energy 
     storage technology integrated with renewable thermal energy 
     technology; $5,000,000 for a Florida state-wide university 
     research initiative on electric power infrastructure and 
     security; $3,000,000 for research into lead carbon acid 
     asymmetric supercapacitors; and $400,000 for Dine Power in 
     New Mexico. The conference agreement provides $500,000 for 
     alternative fuel source study in Alabama.
       The conference agreement includes $10,500,000 for the 
     National Energy Technology Laboratory (NETL) for energy 
     assurance technology and electric grid modeling activities, 
     including $3,000,000 for program direction, travel, and other 
     related direct and indirect expenses. An additional 
     $5,000,000 shall be for NETL to continue the planning, 
     design, and construction of an energy information training 
     facility at Camp Dawson. An additional $4,000,000 shall be 
     available to continue physical improvements at the facility.
       The conferees agree that the Office of Energy Assurance 
     should be closed and that the functions of that office should 
     be merged with the functions of the Office of Electricity 
     Transmission and Distribution.


                             NUCLEAR ENERGY

       The conference agreement provides a total of $513,271,000 
     for Nuclear Energy. The Office of Nuclear Energy, Science and 
     Technology is the lead office with landlord responsibilities 
     for the Idaho site. Because this site provides considerable 
     support to defense activities and naval nuclear reactors, 
     $114,347,000 of costs are allocated to other defense 
     activities and $10,000,000 is allocated to Naval Reactors. 
     Both programs are in the 050 budget function.
       The conferees commend the State of South Carolina for 
     recently creating one of the first new graduate nuclear 
     engineering programs in the last 20 years. The conferees 
     provide $1,500,000 from available funds to support this 
     effort. The conferees also support the efforts of the 
     University of Nevada-Las Vegas to launch a graduate nuclear 
     engineering program and instruct the Department to support 
     this worthy effort.
       University reactor fuel assistance and support.--The 
     conference agreement includes $24,000,000.
       Research and development.--The conference agreement 
     provides $172,000,000 for nuclear energy research and 
     development activities. The conference agreement includes 
     $2,500,000 for nuclear energy plant optimization (NEPO) to 
     address the affects of aging on material in nuclear plants, 
     $2,500,000 for the nuclear energy research initiative (NERI), 
     $50,000,000 for Nuclear Power 2010, $40,000,000 for the 
     Generation IV nuclear energy systems initiative, $9,000,000 
     for the nuclear hydrogen initiative, and $68,000,000 for the 
     Advanced Fuel Cycle Initiative (AFCI). These NERI funds are 
     in addition to funds included in the request for other 
     nuclear research and development items.
       For Nuclear Power 2010, the conferees direct the Department 
     to focus the resources on the demonstration of the regulatory 
     licensing processes of 10 CFR Part 52 for early site permits, 
     design certifications, and combined construction and 
     operating licenses. This is to be cost-shared with industrial 
     and governmental entities.
       Within the funding for Generation IV, the conferees direct 
     that $25,000,000 be used for the Next Generation Nuclear 
     Plant (NGNP) project. The conferees expect the Department to 
     submit a budget in fiscal year 2006 that is consistent with 
     the goal of demonstrating hydrogen production and electricity 
     generation by 2015 at the Idaho National Laboratory.
       Within the Nuclear Hydrogen Initiative, the conferees 
     provide $4,000,000 to the UNLV Research Foundation to 
     continue research and development of high temperature heat 
     exchangers and chemical processing equipment to permit 
     demonstration of nuclear-powered production of hydrogen from 
     water.
       Within the Advanced Fuel Cycle Initiative, the conferees 
     direct $7,000,000 to the UNLV Research Foundation for 
     continued research; of this amount, $3,000,000 is provided 
     for collaborative studies of ``deep burn'' fuel cycles in 
     advanced nuclear reactor designs. Also

[[Page H10554]]

     within available funds, $3,000,000 is provided for the Idaho 
     Accelerator Center and $7,000,000 is provided to develop a 
     Nuclear Energy Materials Test Station at the Los Alamos 
     Neutron Science Center to advance the technology needed to 
     support the materials and fuel experiments required by the 
     Advanced Fuel Cycle and for the exploration of Generation IV 
     fast neutron spectrum systems.
       Radiological Facilities Management.--The Office of Nuclear 
     Energy, Science and Technology operates a variety of 
     facilities and equipment to support the needs of space, 
     defense, and medical customers who obtain radiological 
     materials from the Department of Energy on a reimbursable 
     basis. The conference agreement provides $69,110,000 for this 
     work.
       Space and defense power systems infrastructure.--The 
     conference agreement includes $33,800,000 to maintain the 
     infrastructure necessary to support future national security 
     needs and National Aeronautics and Space Administration 
     missions.
       Medical isotopes infrastructure.--The conference agreement 
     includes $21,194,000 for the medical isotope program and 
     $13,616,000 for construction of facility modifications for U-
     233 disposition at Oak Ridge National Laboratory.
       Idaho Facilities Management.--The conference agreement 
     provides $121,527,000 for Idaho National Laboratory 
     operations and infrastructure. This funding covers activities 
     previously funded separately in budget lines for ANL-West and 
     INEEL. The conference agreement provides the requested amount 
     of $1,523,000 for project 99-E-200, at the Test Reactor Area. 
     Within available funds, $10,000,000 is provided for capital 
     improvements and operational upgrades to the Advanced Test 
     Reactor. Of these funds, $8,000,000 is designated for capital 
     improvements, including the ATR Gas Loop and $2,000,000 is 
     provided for operational systems and upgrades. The conferees 
     provide $5,000,000 for critical infrastructure upgrades at 
     Argonne National Laboratory-West.
       Idaho Sitewide Safeguards and Security.--The conference 
     agreement provides $58,103,000 for Idaho sitewide safeguards 
     and security.
       Spent Nuclear Fuel Management.--The conferees direct the 
     Office of Nuclear Energy, Science and Technology to assume 
     the responsibilities that were proposed for transfer to the 
     Office of Civilian Radioactive Waste Management. The 
     conference recommendation provides the requested amount of 
     funding, $6,723,000. Within available funds, $1,500,000 is 
     provided to inspect and repackage the spent fuel stored at 
     the Lynchburg Technology Center in Virginia.
       Program direction.--The conference agreement includes 
     $60,285,000 for program direction.


             ENVIRONMENT, SAFETY, AND HEALTH (Non-Defense)

       The conference agreement provides $28,000,000 for non-
     defense environment, safety and health activities, which 
     includes $20,000,000 for program direction. The conference 
     agreement includes the transfer of $700,000 to the 
     Occupational Health and Safety Administration (OSHA) for the 
     costs of OSHA regulation of worker health and safety at DOE's 
     non-nuclear facilities not covered under the Atomic Energy 
     Act.


               OFFICE OF LEGACY MANAGEMENT (Non-Defense)

       The conference agreement provides $31,130,000 for the 
     Office of Legacy Management, the same as the budget request.


                NON-DEFENSE SITE ACCELERATION COMPLETION

       The conference agreement provides $151,850,000 for Non-
     Defense Site Acceleration.
       2006 Accelerated Completions.--The conference agreement 
     provides $45,435,000, the same as the budget request.
       2012 Accelerated Completions.--The conference agreement 
     provides $98,191,000, the same as the budget request.
       2035 Accelerated Completions.--The conference agreement 
     provides $8,224,000 for 2035 Accelerated Completions. The 
     Conferees' recommendation includes the requested $7,773,000 
     to accelerate remediation of the former Atlas Mill Site in 
     Moab, Utah.


                   NON-DEFENSE ENVIRONMENTAL SERVICES

       The conference agreement provides $291,296,000 for non-
     defense environmental services.
       Community and regulatory support.--The conference agreement 
     provides $90,000, the same as the budget request.
       Environmental cleanup projects.--The conference agreement 
     provides $46,083,000, the same as the budget request.
       Non-closure environmental activities.--The conference 
     agreement provides $245,123,000, the same as the budget 
     request. The conferees provide $100,000,000 for the Depleted 
     Uranium Hexafluoride Conversion Project, Paducah, Kentucky 
     and Portsmouth, Ohio (project 02-U-101), including an 
     additional $7,400,000 to ensure that conversion and 
     disposition of the accumulated DUF6 is carried out as soon as 
     is safely possible.


      URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND

       The conference agreement provides $499,007,000 for 
     activities funded from the Uranium Enrichment Decontamination 
     and Decommissioning Fund.
       The Conferees' recommendation provides a total of 
     $112,178,000 for activities related to the Paducah Gaseous 
     Diffusion Plant. The Conferees provide $19,421,000 in 
     additional funds to accelerate characterization and disposal 
     of legacy waste stored at the plant, including 50,000 tons of 
     scrap metal and 41,000 drums of low-level waste at the 
     Paducah Gaseous Diffusion Plant. The conferees provide 
     $80,000,000 for uranium and thorium reimbursements.
       The Conferees reiterate the fiscal year 2004 conference 
     guidance regarding the barter arrangement.

                                Science

       The Science account funds the Department's work on high 
     energy physics, nuclear physics, biological and environmental 
     sciences, basic energy sciences, advanced scientific 
     computing, maintenance of the laboratories' physical 
     infrastructure, fusion energy sciences, safeguards and 
     security, science workforce development, and science program 
     direction. The conference agreement provides $3,628,902,000. 
     The conferees encourage the Department to request sufficient 
     funds for the Office of Science in fiscal year 2006 to 
     operate user facilities for as much time as possible, to 
     enhance user support, and to upgrade essential equipment at 
     the Department's Science user facilities.
       The conferees reiterate their support for broader 
     participation by universities in DOE's research programs, 
     including existing user facilities and potential new user 
     facilities. The conferees are aware of the Office of 
     Science's strategy for future facilities. Where existing 
     facilities provide capabilities critical to a new user 
     facility, co-location is appropriate; where this is not the 
     case, the location of new user facilities should be openly 
     competed. Regardless of location, broad participation in 
     design by staff from national laboratories, user faculty from 
     colleges, universities, and industrial investigators and 
     groups should be sought. All of these user groups must have 
     access to these capabilities on a competitive basis.
       High energy physics.--The conference agreement provides 
     $741,629,000 for high energy physics research. The control 
     level is at the High Energy Physics level. The conferees 
     encourage the Department to proceed with the Dark Energy 
     Mission even if the primary science of the mission and 
     mission development must be pursued by the Department so as 
     to avoid schedule delays resulting from implementing the 
     mission jointly with NASA. International cooperation and 
     appropriate launch arrangements should be pursued where 
     appropriate. The conferees recognize that an excellent and 
     energized science team has been assembled for this exciting 
     mission. Within available funds, the conferees redirect 
     $5,000,000 from the Science Laboratories Infrastrucuture 
     construction funds at the Stanford Linear Accelerator Center 
     MEL-001 Subproject 36 to the High Energy Physics account for 
     the research program at SLAC.
       Nuclear physics.--The conference agreement provides 
     $408,040,000 for nuclear physics. An additional $5,000,000 is 
     provided to continue research and development and initiate 
     concept design activities for the Rare Isotope Accelerator, 
     and an additional $7,000,000 is provided to increase 
     utilization of the user facilities in the Nuclear Physics 
     program.
       Biological and environmental research.--The conference 
     agreement includes $576,590,000 for biological and 
     environmental research. The conference agreement provides an 
     additional $10,000,000 to initiate Project Engineering and 
     Design for the proposed new facility for the production and 
     characterization of proteins and molecular tags. The 
     Conferees do not agree with the Department's strategy of 
     restricting competition for such a facility to only the DOE 
     national laboratories. The Department should present in the 
     fiscal year 2006 budget request an alternate procurement 
     strategy for this and future Genomes to Life (GTL) facilities 
     that will maximize rather than limit competition and will 
     allow universities and other entities to compete with DOE 
     national laboratories for these new GTL facilities. The 
     Department is encouraged to consult with NASA, which for 
     decades has conducted competitions for the development of 
     research instrumentation among universities, NASA, DOE, and 
     other government laboratories, and other entities including 
     for-profit corporations.
       The conference agreement includes $2,000,000 for a science 
     building at Waubonsee Community College in Illinois; 
     $1,000,000 for digital playback hardware and software for 
     Recording for the blind and dyslexic; $600,000 for All 
     Children's Hospital in Florida; $300,000 for Eckerd College 
     in Florida; $2,000,000 for Applied Research and Technology 
     Park electrical and communication infrastructure improvements 
     in Springfield, Ohio; $250,000 for a Multiple Sclerosis, 
     Alzheimer's, Parkinson's, Lou Gehrig's Imaging System at the 
     Cleveland Clinic in Ohio; $125,000 for Duchenne Muscular 
     Dystrophy research-related equipment at Children's National 
     Medical Center in the District of Columbia; $125,000 for 
     Duchenne Muscular Dystrophy research-related equipment at the 
     University of Washington-Seattle; $500,000 for the Northeast 
     Regional Cancer Center in Scranton, Pennsylvania; $250,000 
     for Ohio State University for environmental research in 
     cooperation with Earth University; $125,000 for the 
     University of Akron, Ohio, Polymer Center; $125,000 for the 
     Ohio Northern University, Ada, Ohio, Science and Pharmacy 
     Building; $250,000 for the Alabama A&M University; $600,000 
     for University of Texas at Arlington optical medical imaging 
     equipment; $1,000,000 for the Missouri Alternative and 
     Renewable Energy Technology

[[Page H10555]]

     Center, Crowder College; $600,000 for the San Antonio, Texas, 
     Cancer Research and Therapy Center; $250,000 for the 
     University of South Alabama Cancer Center; $1,250,000 for the 
     Virginia Commonwealth University Massey Cancer Center; 
     $250,000 for the Saint Francis Hospital, Delaware, Cardiac 
     Catheterization Lab; $450,000 for the Jacksonville University 
     Environmental Science Center; $600,000 for the Houston, 
     Texas, Alliance for Nanohealth; $250,000 for the Virginia 
     Science Museum; $1,000,000 for the Polly Ryon Memorial 
     Hospital, Texas; $250,000 for the St. Thomas University 
     Minority Science Center, Miami, Florida; $500,000 for Project 
     Intellicare, Roseville, California; $250,000 for the Virginia 
     Polytechnic Institute Center for High-Performance Learning 
     Environment; $500,000 for Georgia State University; $700,000 
     for the Michigan Research Institute for life science 
     research: $700,000 for the University of Arizona Environment 
     and Natural Resources Phase II Facility; $250,000 for the 
     Children's Hospital of Illinois ambulatory care project; 
     $700,000 for the Loma Linda University, California, Medical 
     Center synchrotron expansion; $250,000 for the University of 
     Dubuque, Iowa, Environmental Science Center; $250,000 for the 
     Ball State University, Indiana, Bioenergetics Research 
     Initiative; $600,000 for the Clearfield Area School District, 
     Pennsylvania, Energy Initiative; $500,000 for Digital 
     Cardiology equipment at Children's Hospital and Research 
     Center, Oakland, California; $750,000 for the National 
     Childhood Cancer Foundation; $250,000 for the Roswell Park 
     Cancer Institute, New York, Center for Genetics and 
     Pharmacology; $250,000 for Bucknell University, Pennsylvania, 
     Materials Science Laboratory; $1,000,000 for the Science 
     Center at Mystic Seaport, Connecticut; $250,000 for the 
     Saratoga Hospital, New York, radiation therapy center; 
     $600,000 for the San Joaquin Community Hospital, Bakersfield, 
     California; $700,000 for the Syracuse University, New York, 
     Environmental Systems Center; $600,000 for the University of 
     Tennessee Sim Center; and $250,000 for the St. Mary's 
     Hospital, Kankakee, Illinois.
       The conference agreement includes $575,000 for the Derby 
     Center for Science and Mathematics at Lyon College in 
     Arkansas; $1,000,000 for the Rush Presbyterian St. Lukes 
     Medical Center in Illinois; $1,000,000 for Medical Research 
     and Robotics at the University of Southern California; 
     $750,000 for the Advanced Building Efficiency Testbed at 
     Carnegie Mellon University; $1,000,000 for DePaul University 
     Biological Sciences; $500,000 for the Philadelphia 
     Educational Advancement Alliance; $750,000 for Northwestern 
     University Institute of Bioengineering and Nanoscience in 
     Medicine; $500,000 for the Rensselaer Polytechnical Institute 
     Center for Bioscience; $750,000 for St. Peter's Biotechnical 
     Research in New Jersey; $160,000 for the Berkshire 
     Environmental Center in Massachusetts; $500,000 for the 
     Center for the Environment at the University of 
     Massachusetts; $1,000,000 for technical upgrades at St. 
     Joseph Hospital in Arizona; $515,000 for the Center for 
     Science at the University of San Francisco in California; 
     $1,000,000 for Augsburg College in Minnesota; $1,000,000 for 
     the Bronx Community Center for Sustainable Energy; $500,000 
     for Marquette General Hospital in Marquette, Michigan; 
     $1,500,000 for the Illinois Indiana Super-Grid Program 
     connecting Argonne National Laboratory and Purdue and Notre 
     Dame Universities; $1,000,000 for the Purdue Calumet Water 
     Environmental Institute; $1,000,000 for the Multi-Discipline 
     Engineering Institute at Notre Dame in Indiana; and 
     $1,000,000 for the Energy Efficiency Project at Valparaiso 
     University in Indiana.
       The conference agreement provides $11,000,000 for the 
     Mental Illness and Neuroscience Discovery Institute in New 
     Mexico; $1,800,000 for Military Spirit in New Mexico; 
     $2,000,000 for the Academic Center Sustainable Design Project 
     at St. Francis College, New York; $3,000,000 for the 
     University of Louisville Pediatric Clinical Proteomic Center; 
     $2,000,000 for the University of Louisville Institute for 
     Advanced Materials; $2,000,000 for the Advanced Bioreactor 
     located in Butte, Montana; $1,200,000 to expand the Center 
     for Integrated and Applied Environmental Toxicology at the 
     University of Southern Maine; $500,000 for the University of 
     Tennessee Cancer Institute; and $500,000 for St. Jude 
     Children's Research Hospital in Tennessee.
       The conference agreement includes $250,000 for the Huntsman 
     Cancer Institute; $500,000 for the Mega-Voltage Cargo Imaging 
     Development Applications for the Nevada Test Site; $500,000 
     for the California Hospital Medical Center PET /CT Fusion 
     Imaging System; $500,000 for the Luci Curci Cancer Center 
     Linear Accelerator; $500,000 for Project Intellicare in 
     California; $750,000 for the University Medical Center in Las 
     Vegas, Nevada; $500,000 for the Southern California Water 
     Education Center; $500,000 for Live Cell Molecular Imaging 
     System at the University of Connecticut; $500,000 for the 
     St. Francis Hospital Wilmington, Delaware, MRI and Cardiac 
     Catherization Laboratory; $500,000 for the University of 
     Delaware for the Delaware Biology Institute; $500,000 for 
     the University of Nevada-Las Vegas School of Public 
     Health; $250,000 for the Latino Development and Technology 
     Center; $250,000 for the Swedish American Health Systems; 
     $250,000 for DePaul University Chemistry Lab Renovation 
     Project; $250,000 for the Edward Hospital Cancer Center; 
     $500,000 for the Mary Bird Perkins Cancer Center; $500,000 
     for the Morgan State University Center for Environmental 
     Toxicology; $500,000 for the Suburban Hospital in 
     Montgomery County, Maryland; $500,000 for the University 
     of Massachusetts at Boston Multidisciplinary Research 
     Facility and Library; $500,000 for the Martha's Vineyard 
     Hospital; $750,000 for the Nevada Cancer Institute; 
     $500,000 for the Mercy Hospital Grayling, Michigan Rural 
     Healthcare Advancement Initiative; $750,000 for the Health 
     Sciences Complex at Creighton University; $500,000 for the 
     Hackensack University Medical Center Women and Children's 
     Pavilion; $500,000 for the Kennedy Health System Linear 
     Accelerator; $750,000 for the University of Buffalo Center 
     of Excellence in Bioinformatics; $500,000 for the Hospital 
     for Special Surgery National Center for Musculoskeletal 
     Research; $500,000 for the New University in New York 
     City; $500,000 for the Radiochemistry research facility at 
     the University of Nevada-Las Vegas; $250,000 for the 
     Hauptman-Woodward Medical Research Institute; $1,000,000 
     for the Vermont Institute of Natural Science; and $750,000 
     for the Tahoe Center for Environmental Services.
       Molecular Medicine.--The conferees continue to support 
     research that brings together PET imaging, systems biology 
     and nanotechnology to develop new molecular imaging probes. 
     These probes should provide a biological diagnosis of disease 
     that it informative of the molecular basis of disease and 
     specific for guiding the development of new molecular 
     therapies.
       The conferees are concerned about consequence mitigation 
     activities and public health impacts associated with the 
     threat of any radiological event and strongly encourage the 
     Department to develop therapeutic radiological 
     countermeasures to protect against exposure to the effects of 
     ionizing radiation. The conferees are aware of the potential 
     of inositol radiation and encourages the Department to 
     support research of this emerging technology. The conferees 
     recommend that the Department fund medical therapy research 
     and other treatment options to protect the public health 
     against radiation exposure.
       The conferees strongly support the Department's efforts to 
     maintain the scientific infrastructure of the Nation's 
     structural biology assets, and encourage the Department to 
     work to address the needs within the broader community. The 
     Department should continue to work constructively with the 
     non- profit entity operating the X4A and X4C beamlines to 
     fund state-of-the-art detectors, goniometers, and automated 
     sample changing equipment, using available funds.
       Basic energy sciences.--The conference agreement includes 
     $1,113,530,000 for Basic Energy Sciences. The conference 
     agreement includes $628,228,000 for materials sciences and 
     engineering research, and $253,422,000 for chemical sciences, 
     geosciences, and energy biosciences. For purposes of 
     reprogramming during fiscal year 2005, the Department may 
     allocate funding among all operating accounts within Basic 
     Energy Sciences. The conference agreement also provides the 
     request of $7,673,000 for the Experimental Program to 
     Stimulate Competitive Research (EPSCoR).
       Advanced scientific computing research.--The conference 
     agreement includes $234,340,000 for advanced scientific 
     computing research (ASCR), an increase of $30,000,000 over 
     the budget request, with not more than $25,000,000 devoted to 
     hardware. The conferees support the House Report language on 
     ASCR.
       Science laboratories infrastructure.--The conference 
     agreement provides $42,336,000 for science laboratories 
     infrastructure, including an additional $5,000,000 to correct 
     safety deficiencies at Science laboratories, and $6,100,000 
     additional for excess facilities disposal.
       The conference agreement provides the requested amounts of 
     $1,766,000 for infrastructure support, $5,079,000 for Oak 
     Ridge landlord costs, and $24,391,000 for construction of 
     various infrastructure projects (MEL-001). Of this increase, 
     $5,000,000 additional is provided to continue infrastructure 
     subproject 18 under MEL-001 to support continuing activities 
     at the Pacific Northwest National Laboratory to replace the 
     infrastructure being displaced by the closure of the 300 Area 
     at the Hanford site.
       Fusion energy sciences.--The conference agreement includes 
     $276,110,000 for fusion energy sciences, an increase of 
     $12,000,000 over the budget request. The additional 
     $12,000,000 is to be used to increase the utilization of 
     existing large and small experiments; further work in 
     inertial fusion technology; take advantage of opportunities 
     in High Energy Density Physics, including research on fast 
     ignition, and large-scale scientific computing; and provide 
     for cost- effective construction and development of the 
     National Compact Stellarator Experiment. The conference notes 
     the delay in site selection for the International 
     Thermonuclear Experimental Reactor (ITER) and directs the 
     Department to reduce its planned expenditures on ITER in 
     fiscal year 2005 in consideration of this delay.
       Safeguards and security.--The conference agreement includes 
     $73,315,000 for safeguards and security activities at 
     laboratories and facilities managed by the Office of Science.
       Science workforce development.--The conference agreement 
     provides the requested amount of $7,660,000 for science 
     workforce development. The conferees encourage the Department 
     to provide funds and technical expertise for high school 
     students to participate in the For Inspiration and 
     Recognition of Science and Technology (FIRST) robotics 
     competition.

[[Page H10556]]

       Science program direction.--The conference agreement 
     includes $155,268,000 for science program direction. This 
     amount includes $89,341,000 for field offices and $65,927,000 
     for headquarters. The control level for fiscal year 2005 is 
     at the program account level of Science Program Direction.
       Funding adjustments.--The conference agreement includes an 
     offset of $5,605,000 for the safeguards and security charge 
     for reimbursable work, as proposed in the budget request. The 
     conference agreement also includes the use of $5,062,000 of 
     prior year balances.

                         Nuclear Waste Disposal

       The conference agreement provides $346,000,000 for Nuclear 
     Waste Disposal. When combined with the $231,000,000 
     appropriated from the Defense Nuclear Waste Disposal account, 
     a total of $577,000,000 will be available for program 
     activities in fiscal year 2005. The conferees have provided 
     $2,000,000 for the State of Nevada and $8,000,000 for the 
     Affected Units of Local Government (AULG) for project 
     oversight.

                      Departmental Administration


                     (Including Transfer of Funds)

       The conference agreement provides $332,866,000 for 
     Departmental Administration expenses. Including a transfer of 
     $92,440,000 from Other Defense Activities, and revenues of 
     $122,000,000, the same as estimated by the Congressional 
     Budget Office, this results in a net appropriation of 
     $118,426,000.
       Specific funding levels for each Departmental organization 
     are provided in the accompanying table.
       Reprogramming guidelines.--The conference agreement 
     provides reprogramming authority of $1,000,000 or 10 percent, 
     whichever is less, within the Departmental Administration 
     account without prior submission of a reprogramming to be 
     approved by the House and Senate Committees on 
     Appropriations. No individual program account may be 
     increased or decreased by more than this amount during the 
     fiscal year using this reprogramming authority. Congressional 
     notification within 30 days of the use of this reprogramming 
     authority is required. Transfers which would result in 
     increases or decreases in excess of $1,000,000 or 10 percent 
     to an individual program account require prior notification 
     and approval.

                    Office of the Inspector General

       The conference agreement provides $41,508,000 for the 
     Inspector General.

                    Atomic Energy Defense Activities

                National Nuclear Security Administration

                           Weapons Activities


                     (Including Transfer of Funds)

       The National Nuclear Security Administration (NNSA), a 
     semi-autonomous agency within the Department of Energy, 
     manages the Nation's nuclear weapons, nuclear 
     nonproliferation, and naval reactors activities.
       The conference agreement provides $6,526,471,000 for 
     Weapons Activities.
       Availability of funds.--The conference agreement makes 
     funds available until expended.
       Directed stockpile work (DSW).--The conference agreement 
     includes $1,316,936,000 for directed stockpile work. The 
     conference agreement provides $460,754,000 for DSW Life 
     Extension Programs. The conference agreement provides 
     $511,095,000 for DSW Stockpile Systems and $75,000,000 for 
     DSW Retired Warheads Stockpile systems. The conferees do not 
     provide $9,000,000 for advanced concepts research on new 
     weapons designs, but the same amount is made available for 
     the Reliable Replacement Warhead program to improve the 
     reliability, longevity, and certifiability of existing 
     weapons and their components. The conference agreement 
     provides $270,087,000 for DSW Stockpile services. No funds 
     have been provided for the Robust Nuclear Earth Penetrator 
     (RNEP).
       The Conferees support a degree of flexibility in executing 
     this budget by providing limited reprogramming authority 
     within Directed Stockpile Work [DSW]. The control levels for 
     the DSW program are:
       (1) Life Extension Programs;
       (2) Stockpile Systems;
       (3) Retired Warhead Stockpile Systems; and
       (4) Stockpile Services.
       Campaigns.--Funding for individual campaigns is shown on 
     the accompanying table. From within funds provided for the 
     various campaigns, $4,350,000 is provided for the University 
     Research Program in Robotics.
       For science campaigns, the conference agreement provides 
     $279,462,000. The conference agreement provides $73,973,000 
     for primary assessment technologies; $86,521,000 for dynamic 
     materials properties program and $55,371,000 for the advanced 
     radiography program. The conferees provided $63,597,000 for 
     secondary assessment technologies.
       Within available funds, the conferees provide $7,500,000 to 
     support Dynamic Materials Properties at the Nevada Test Site 
     [NTS], experiments on dynamic materials properties at the 
     Atlas facility and plutonium experiments at the Joint 
     Actinide Shock Physics Experimental facility [JASPER].
       Within available funds, the Department is directed to work 
     with the UNLV Research Foundation to organize and lead a 
     consortium of universities to design, prepare, and conduct 
     experiments on the Atlas Machine.
       Within Primary Assessment Technologies, NNSA is directed to 
     fund the Nevada Test Site [NTS] to maintain the critical 
     personnel skills and institutional viability in direct 
     support of the subcritical experiment program.
       The conference agreement provides $260,830,000 for 
     engineering campaigns. The conference agreement for the 
     enhanced surety campaign is $33,121,000. The conference 
     agreement for the weapons system engineering assessment 
     technology is $27,270,000. The conference agreement for 
     nuclear survivability is $9,460,000 and the conference 
     recommendation for enhanced surveillance campaign is 
     $99,879,000.
       Engineering campaign construction projects.---The 
     conference agreement provides $86,500,000 for Project 01-D-
     108, Microsystem and engineering science applications (MESA) 
     at Sandia, in New Mexico.
       Inertial Confinement Fusion Ignition and High Yield.--The 
     conferee agreement includes $541,034,000 for the inertial 
     confinement fusion ignition and high yield program. This 
     represents a $25,000,000 cut of the NIF project baseline. An 
     additional $46,000,000 is provided to support expanded 
     research in non-NIF related ICF research including petawatt 
     and high-energy petawatt laser development. Funding also 
     enables continued development of the beryllium shell targets 
     currently envisioned for ignition demonstrations in 2010. 
     This target, if successful, may enable advancement of the 
     2014 date for ignition specified in the budget request 
     documentation, a date which represents a 4 year slip from the 
     original goal of 2010. Since demonstration of ignition by 
     2010 was the rationale provided for construction of NIF under 
     the current baseline funding, the conference is extremely 
     concerned with suggestions of major delay in that date and 
     requires that effort focus on achieving that goal on the 
     timescale originally proposed. Until very recently, the 
     beryllium shell and fill tube design was not considered 
     viable, but it is now viewed by the program managers as the 
     best option for regaining the 2010 ignition goal. Significant 
     risks are associated with this design however, which is why 
     this target design was not considered earlier in the program. 
     To estimate the probability of success for this new target 
     design, the conference mandates that a full review of NIF 
     progress and the use and promise of this target be 
     accomplished by an outside panel of experts, the JASONs, to 
     validate the current NIF construction baseline and the 
     outlook for ignition with this target design. As part of this 
     validation, experiments should be designed and completed on 
     alternative drivers, such as LLE at the University of 
     Rochester and the Z machine at Sandia National Laboratories, 
     to increase confidence in the performance of this target. The 
     conference further requires that these experiments, as well 
     as the JASON review, be used to develop a position paper 
     authored by the NNSA Laboratory and LLE Directors by June 
     2005, discussing the promise of this target design to achieve 
     ignition on the original schedule of 2010, 4 years ahead of 
     the date specified in the current Budget. The conference is 
     also aware that the laser glass used in the Japanese GEKKO 
     program, which is identical to the optics used in the NIF 
     project, has significantly degraded in efficiency over time. 
     The conference requests the JASONs undertake a study 
     utilizing the Japanese laser optic operations as a measure to 
     determine if the NIF laser optics are performing as 
     originally estimated and what impact this will have on the 
     project, the ability to achieve ignition by 2010 and the 
     overall lifecycle costs of replacing the optics more 
     frequently. The conference provides $5,000,000 for the 
     development of advanced target fabrication and diagnostic 
     techniques required to support experiments at Omega, Z 
     machine and NIF employing advanced materials. Target 
     fabrication and manufacturing capabilities are critical in 
     fielding increasingly sophisticated experiments.
       Petawatt Lasers.--The conference recommendation includes an 
     additional $6,000,000 for university grants and other 
     support. Of this amount, $3,000,000 is provided for continued 
     development of the petawatt laser at the University of Texas 
     at Austin; $1,000,000 is provided for an optical parametric 
     chirped pulse amplifier upgrade and associated operations of 
     the short pulse laser at the University of Nevada, Reno; 
     $1,000,000 is provided to the University of Nevada, Reno to 
     continue its collaboration with Sandia National Laboratories 
     on highly diagnosed studies of exploding wire arrays and 
     implosion dynamics; and $1,000,000 is provided for research 
     using the Z- Beamlet laser at Sandia National Laboratories 
     under the Z-Petawatt Consortium that includes the University 
     of Texas at Austin, the University of California, San Diego, 
     the University of California, Davis, the University of 
     Nevada, Reno, the University of Michigan, the University of 
     Rochester, Ohio State University and the General Atomics 
     Corporation.
       Inertial Fusion Technology.--The conferees also include 
     $25,000,000 to continue development of high average power 
     lasers and supporting science and technology, the budget 
     request for the Naval Research Laboratory, and $73,469,000 
     for the University of Rochester, an increase of $28,000,000 
     over the budget request. The additional funding is provided 
     to the University of Rochester's Laboratory for Laser 
     Energetics for the OMEGA Extended Performance (EP) Facility 
     in support of the nation's stockpile stewardship program. The 
     conference recommendation includes $9,000,000 to initiate 
     double-shift operations and assessments and initial 
     development and testing of Z-pinch inertial fusion energy. 
     The conference recommendation includes $1,000,000 to the 
     University of Nevada-Reno for magnetized plasma/laser 
     interaction studies at the Nevada Terawatt Facility, using 
     the Zebra pulse

[[Page H10557]]

     power machine and the Leopard short pulse laser system.
       National Ignition Facility.--Within the funds provided, 
     $130,000,000 is for National Ignition Facility (NIF) 
     construction, Project 96-D-111.
       Advanced Simulation and Computing.--The conference 
     agreement provides $703,760,000. From within available funds 
     for advanced simulation and computing, $10,000,000 is 
     provided for the Ohio Supercomputing Center high-end computer 
     network at its Springfield, Ohio site; $2,500,000 is provided 
     to complete Phase I of the demonstration project of three-
     dimensional chip scale packaging integrated with spray 
     cooling at Pacific Northwest National Laboratory. The 
     conferees direct the University Partnerships program be 
     funded at the budget request.
       For the pit manufacturing and certification campaign, the 
     conference agreement provides $265,671,000. The conference 
     agreement provides $132,005,000 for W88 pit manufacturing and 
     $60,960,000 for W88 pit certification, the same as the budget 
     request. Providing the requested level of funding will ensure 
     that the NNSA maintains its commitment to produce a certified 
     W88 pit by 2007. The conference agreement provides 
     $13,500,000 for Pit Manufacturing Capability and $7,000,000 
     for Modern Pit Facility. The conferees agree that funding for 
     Modern Pit Facility cannot be used to select a construction 
     site in fiscal year 2005.
       For readiness campaigns, the conference agreement provides 
     $272,627,000. The conference agreement provides $45,812,000 
     for the Stockpile readiness campaign. High explosives weapons 
     operations is funded at $34,220,000. The conference agreement 
     provides $32,957,000 for the non-nuclear readiness campaign. 
     The conference agreement provides $79,788,000 for the 
     advanced design and production technologies campaign. Funding 
     for the tritium readiness campaign is the same as the budget 
     request. The Conferees are aware of the successful 
     partnership between the NNSA and the University of Nevada-Las 
     Vegas and the University of Nevada-Reno that have been 
     fostered through a series of cooperative agreements. The 
     Department is encouraged to renew these agreements at higher 
     levels as appropriate.
       Readiness in technical base and facilities.--For readiness 
     in technical base and facilities, the conference agreement 
     provides $1,121,557,000 for operations of facilities.
       Within funds provided for operations of facilities, the 
     conferees provide an additional $45,000,000 for the Pantex 
     Plant in Texas; and an additional $50,000,000 for the Y-12 
     Plant in Oak Ridge, Tennessee; and an additional $5,000,000 
     for the Kansas City Plant. For Program Readiness, the 
     conference agreement provides $106,204,000.
       Within available funds, an additional $5,000,000 is 
     provided to support the operation for the facilities at the 
     Nevada Test Sites, including the Device Assembly Facility, 
     the Joint Actinide Shock Physics Experimental facility, 
     operations associated with the Atlas relocation project, U1a 
     operations, general plant projects and other NTS support 
     facilities. Finally, the conferees provide an additional 
     $1,000,000 to the Nevada Site Office for testing and 
     enablement of water filters to mitigate consequences of 
     radionuclides in drinking water. The conference agreement 
     includes an additional $13,000,000 within the funds provided 
     for modification of the Z-Beamlett laser at the Z Pinch at 
     Sandia National Laboratory.
       For continued facility upgrades, refurbishments, operation 
     and maintenance costs associated with and for the National 
     Center for Combating Terrorism [NCCT] at the Nevada Test 
     Site, an additional $25,000,000 is provided. Within the funds 
     provided for NCCT, the conference agreement includes 
     $2,500,000 to the UNLV Research Foundation to support the 
     ongoing programs of the Institute for Security Studies 
     including research and development, training and 
     collaborative activities related to combating terrorism, 
     emergency response and consequence management. The 
     recommendation also includes, within funds provided, 
     $2,500,000 for the UNR Fire Sciences Academy.
       For Special Projects, the conference agreement provides 
     $41,500,000. Within the available funds, $3,000,000 for 
     magnetized high energy density matter research at the Nevada 
     Terawatt facility at the University of Nevada-Reno; and 
     $1,000,000 to continue the ongoing administration 
     infrastructure support grant for the UNLV Research 
     Foundation; $750,000 to the UNLV Research Foundation to 
     establish and certify a radioanalytical services laboratory 
     to support emergency management training activities and 
     actual radiological events; $10,000,000 for settlement of 
     claims for the Pajarito Plateau homesteaders pertaining to 
     acquisition of their lands and property during the Manhattan 
     Project; and $8,000,000 for Los Alamos County Schools 
     Program.
       From within available funds, $5,000,000 for National Energy 
     Technology Laboratory to use the Plasma Separation Process to 
     develop high energy isomers and isotopes for energy storage 
     and utilization. From within available funds, the conferees 
     provide $2,000,000 for the Airborne Particulate Threat 
     Assessment program; $2,000,000 for the Secure Wireless 
     Technology Program; $1,000,000 for the Total Asset Management 
     (TAMS) program; $2,000,000 for Integrated Collaborative 
     Prototyping for Y-12; and $2,000,000 for development of 
     multi-platform dosimeter Radiation Detection devices. The 
     conference provides $2,000,000 for the National Center for 
     Biodefense at George Mason University in Virginia.
       The conference agreement includes $86,965,000 for materials 
     recycle and recovery, the same as the budget request. The 
     conferees continue to be concerned about the fire station 
     support at the Nevada Test Site and are pleased by the 
     decision to use a design-build acquisition strategy for the 
     fire station and encourage completion at the earliest 
     possible time within the funding that has been provided. The 
     conference agreement also includes an additional $16,000,000 
     for the Los Alamos National Laboratory for the CMR Building 
     04-D-125.
       The conference agreement includes the budget request of 
     $17,910,000 for containers and $18,982,000 for storage.
       Construction projects.--
       Project 05-D-140, Project engineering and design (PED)--
     RTBF, various locations. The conferees provide $16,600,000, 
     an increase of $5,000,000. The additional PED funds are 
     provided to begin planning for impact-resistant bunkers for 
     additional warhead storage facilities for nuclear warheads 
     with conventional high explosives at the Pantex Plant in 
     Texas.
       Project 04-D-125, Chemistry and Metallurgy Research 
     Facility Replacement (CMRR)--LANL. The conference provides 
     $40,000,000 for the CMRR project.
       Project 01-D-124, Highly Enriched Uranium Materials 
     Facility, Y-12 National Security Complex, Oak Ridge, TN. The 
     conference provides $114,000,000, an increase of $50,000,000 
     over the budget request.
       Facilities and Infrastructure Recapitalization.--The 
     conference agreement includes $316,224,000 for the facilities 
     and infrastructure (F&I) recapitalization program.
       Secure Transportation Asset.--The conference agreement 
     provides $201,300,000 for secure transportation asset. The 
     conference agreement provides $57,427,000 for STA program 
     direction. Consistent with the new triad as outlined in the 
     Nuclear Posture Review, NNSA is working to create a 
     responsive infrastructure to deliver needed facilities at 
     lower cost and with greater speed. The conference encourages 
     NNSA to explore opportunities for third party financing where 
     appropriate.
       Nuclear Weapons Incident Response.--The conference 
     agreement provides $99,209,000 for nuclear weapons incident 
     response.
       Safeguards and Security.--The conference agreement includes 
     $757,678,000, for safeguards and security activities at 
     laboratories and facilities managed by the National Nuclear 
     Security Administration. The conferees provide an additional 
     $30,000,000 at the Y-12 plant in Tennessee to accelerate 
     security infrastructure upgrades and consolidate the facility 
     footprint. The conferees provide an additional $20,000,000 
     for the expansion of the red network at Los Alamos National 
     Laboratory to reduce the necessity for CREM.
       Funding Adjustments.--The conference agreement includes an 
     adjustment of $30,000,000 for a security charge for 
     reimbursable work, as proposed in the budget, and the use of 
     $86,000,000 in prior year balances.

                    Defense Nuclear Nonproliferation

       The conference agreement provides $1,420,397,000 for 
     Defense Nuclear Nonproliferation.
       Nonproliferation and Verification Research and 
     Development.--The conference agreement provides $225,750,000 
     for nonproliferation and verification research and 
     development. The conference agreement includes $20,000,000 
     for ground-based systems for treaty monitoring.
       The conferees provide an additional $5,000,000 within 
     Supporting Activities to support the ongoing regulatory and 
     environmental activities for 300 Area replacement at Pacific 
     Northwest National Laboratory that will allow PED to occur on 
     an accelerated schedule. The conferees direct the Office of 
     Nuclear Nonproliferation to coordinate closely with the 
     Office of Science on the transition schedule and construction 
     plans to maintain the national security capabilities resident 
     at PNNL. From within available funds, the conferees provide 
     $2,000,000 for testing of high-pressure xenon radiation 
     detectors at the Brookhaven National Laboratory Rad-Tech 
     facility for portal applications. From within the funds 
     provided, the conference recommendation includes $3,500,000 
     for the University of Nevada-Reno for the development of 
     state-of-the-art chemical, biological, and nuclear detection 
     sensors. The conference recommendation includes the 
     $2,000,000 for the UNLV research Foundation to continue to 
     establish and operate within the Institute for Security 
     Studies and applied research and technology capability in 
     support for the effort to combat terrorism. An additional 
     $500,000 is provided to support nanomaterial research related 
     to sensor applications. The conference recognizes the unique 
     mission capability the Los Alamos National Laboratory 
     possesses through work performed at Technical Area 18 [TA-18] 
     in areas of nuclear threat detection and response. In light 
     of these important national security activities, the 
     conferees direct the Secretary to perform an assessment as to 
     the LANL role in managing the future CAT III/IV mission.
       Nonproliferation and International Security.--The 
     conference agreement provides $154,000,000 for 
     nonproliferation and international security. The conferees 
     include $20,000,000 for the Global Threat Reduction 
     Initiative. The conferees provide $10,000,000 for initiatives 
     focused on removing nuclear weapons-usable materials from 
     vulnerable sites around the world. These activities are

[[Page H10558]]

     essential to prevent terrorist groups or states hostile to 
     the United States from acquiring destructive nuclear 
     capabilities. The Administrator, working with the Secretary, 
     must utilize the NNSA's strength in the inter-agency process 
     to become the lead agency for all such government activities 
     worldwide. From within available funds, the conference 
     agreement provides $150,000 to continue the collaboration 
     between Texas A&M and Russian universities on nuclear 
     facilities safety and decontamination and decommissioning 
     technologies.


                 Non-proliferation Programs with Russia

       The conferees are disappointed the Administration has 
     failed to negotiate an acceptable solution for liability to 
     allow the MOX program to move forward this year. As a result, 
     another construction season will be missed in Russia. Not 
     only does this raise serious concern from a national security 
     standpoint, but it will also have serious repercussions here 
     in the United States as a result of maintaining parity of the 
     two construction schedules. The conferees strongly urge the 
     Administration to find an acceptable solution in the near 
     term in order to successfully complete negotiations and allow 
     construction of both the Russian and United States mixed 
     oxide fuel fabrication facilities to begin.
       International Materials Protection, Control and Cooperation 
     (MPC&A).--The conference recommendation is $322,000,000 for 
     the MPC&A program, an increase of $84,000,000 over the budget 
     request. The Conferees provide additional funds for MPC&A to 
     accelerate securing nuclear warhead sites in Russia, begin 
     MPC&A upgrades at the Russian Federation serial production 
     enterprise sites and provide additional resources for the 
     Second Line of Defense program to accelerate installation 
     activities in the Baltic and Caucasus regions and other 
     critical border activities. The conference provides the 
     budget request within the Second Line of Defense program for 
     the MegaPorts initiative. An increase of $50,000,000 is 
     provided for other high priority MPC&A activities, to include 
     countries outside the FSU.
       Russian Transition Initiatives.--The conference agreement 
     provides $41,000,000, for the Initiatives for Proliferation 
     Prevention (IPP) program and the Nuclear Cities Initiative 
     (NCI).
       HEU Transparency Implementation.--The conference agreement 
     provides $20,950,000, the same as the budget request.
       Elimination of Weapons-Grade Plutonium Production.--The 
     conference agreement includes $40,097,000 for the elimination 
     of weapons-grade plutonium production program.
       Fissile Materials Disposition.--The conference agreement 
     provides $624,000,000 for fissile materials disposition, the 
     same level authorized in the fiscal year 2005 defense 
     authorization bill. Funding of $159,700,000 is provided for 
     U.S. surplus materials disposition and $64,000,000 for the 
     Russian plutonium disposition program.
       Construction Projects.--The conference recommendation 
     includes $368,000,000 for Project 99-D-143, the Mixed Oxide 
     Fuel Fabrication facility project. Funding of $32,300,000 is 
     provided for Project 99-D-141, the Pit Disassembly and 
     Conversion Facility project.
       Off-Site Source Recovery Project.--The conference agreement 
     provides $7,600,000 for Off-Site Source Recovery Project. The 
     conferees provide an additional $2,000,000 for the Nuclear 
     and Other Hazardous Materials Transportation Research Project 
     at South Carolina State University's Transportation Center.

                             Naval Reactors

       The conference agreement provides $807,900,000 for Naval 
     Reactors, an increase of $10,000,000 over the budget request. 
     The conferees agree to transfer the additional $10,000,000 to 
     the Office of Nuclear Energy to support the Idaho National 
     Laboratory's Advanced Test Reactor.

                      Office of the Administrator

       The conference agreement provides $356,200,000 for the 
     Office of the Administrator, $22,500,000 above the request.
       The conference recommendation provides $12,000, the same as 
     the budget request, for official reception and representation 
     expenses for the NNSA.
       Within the Office of the Administrator, the conferees 
     provide $22,500,000 to support the Historically Black 
     Colleges and Universities (HBCUs) scientific and technical 
     programs. The conferees concur with the House language 
     directing the HBCUs and Hispanic Serving Institutions (HSIs) 
     receive financial support in rough parity on a year-to-year 
     basis. The conference recommendation includes $2,000,000 each 
     for Wilberforce University and Central State University in 
     Wilberforce, Ohio; and $2,000,000 each for Claflin College in 
     Orangeburg, SC and Allen University in Columbia, SC; $500,000 
     each for Morris College in Sumter, SC and Benedict College in 
     Columbia, SC; and $1,000,000 for Voorhees College in Denmark, 
     SC and $2,000,000 for Morehouse College Dansby Hall Minority 
     Science Center.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                    Defense Environmental Management

       The conference agreement for Defense Environmental 
     Management totals $7,034,405,000. The conferees are aware 
     that the Department of Defense has utilized guaranteed fixed 
     price remediation (GFPR) to remediate contaminated 
     properties. The conferees note the significant cost-savings 
     experienced by the Department of Defense using GFPR, and 
     believe that the Department of Energy may be able to achieve 
     similar savings and benefits. In order to better assess the 
     opportunity for cost savings by the Department of Energy, the 
     conferees direct the Department to submit to the Committees 
     on Appropriations of the House and Senate, by May 1, 2005, a 
     report as to the feasibility of applying GFPR to remediation 
     activities undertaken or planned by the Department.

                  Defense Site Acceleration Completion

       The conference agreement for Defense Site Acceleration 
     Completion in fiscal year 2005 is $6,096,429,000.
       Accelerated Completions, 2006.--The conference agreement 
     provides $1,264,999,000. This funding supports the closure by 
     the year 2006 of the Rocky Flats, West Jefferson, Fernald, 
     Miamisburg, and Ashtabula sites, and the completion of 
     significant cleanup projects at various other sites such as 
     Melton Valley, Kansas City, and Savannah River. The 
     additional $13,200,000 is provided to accelerate low-level 
     waste shipments during fiscal year 2005 from the Miamisburg 
     Closure Project.
       Accelerated Completions, 2012.--The conference agreement 
     provides $2,150,641,000.
       Accelerated Completions, 2035.--The conference agreement 
     provides $1,904,339,000. This amount includes the requested 
     funding of $43,827,000 for construction of the Glass Waste 
     Storage Building #2 at SRS (project 04-D-408) and the 
     requested funding for the Waste Isolation Pilot Plant, the 
     Idaho Cleanup Project, the Y-12 and Oak Ridge National 
     Laboratory sites, Hanford and the Office of River Protection, 
     Savannah River, Los Alamos National Laboratory, Nevada Test 
     Site, and various other sites and facilities. From within 
     available funds, the conferees provide $2,000,000 for the 
     Hanford Tank Waste Operations Simulator (HTWOS); $2,000,000 
     for the Modular Phase Low Cost Nano-particle at Idaho 
     National Lab; and $1,000,000 for the Mid-Atlantic Recycling 
     Center for End of Life Electronics.
       Waste Incidental to Reprocessing.--The conference agreement 
     provides $162,600,000 for the Savannah River site, 
     $97,300,000 for the Idaho site and $32,050,000 for the 
     Hanford site. The conference agreement provides $26,000,000 
     for Project 05-D-405 Salt Waste Processing Facility for long 
     lead procurement activities.
       Safeguards and Security.--The conference agreement provides 
     $265,059,000, the same as the budget request.
       Technology Development and Deployment.--The conference 
     agreement provides $60,142,000. From within available funds, 
     the conferees direct the Department to use not less than 
     $10,000,000 to conduct a competitive evaluation of the 
     various advanced remediation technologies available in the 
     private sector. Within remaining available funds, the 
     conferees provide $5,000,000 to continue the five-year 
     international agreement with AEA Technology, and $7,000,000 
     to continue the five-year agreement with Florida 
     International University's Hemispheric Center for 
     Environmental Technology.
       Within available funds, the conferees provide $3,000,000 
     for Advanced Monitoring Systems Initiative at the Nevada Test 
     Site, to continue micro-sensing technology development and 
     prototype deployment of remote monitoring systems for the 
     underground test area; $2,400,000 for the Management of 
     Nevada Natural Resources with Remote Sensing Systems program; 
     $1,000,000 for nanotube research and development at the 
     Materials Reliability Center at the University Research 
     Programs in Robotics. The Department is directed to renew its 
     cooperative agreements with the University of Nevada-Las 
     Vegas and the University of Nevada-Reno.
       Within available funds, $3,000,000 is provided to continue 
     the development of an electrochemical system utilizing 
     ceramic ionic transport membranes for the recycling and 
     disposal of radioactive sodium ion waste. The conference also 
     provides $4,000,000 for work on the subsurface science 
     research institute by Idaho National Laboratory and the 
     Inland Northwest Research Alliance institutions. The 
     Department shall continue its support of the Tribal Colleges 
     Initiative grant, involving Crownpoint Institute of 
     Technology, Dine College, and Southwestern Indian Polytechnic 
     Institute, to develop high-quality environmental programs at 
     tribal colleges.

                     Defense Environmental Services

       The conference recommendation for Defense Environmental 
     Services in fiscal year 2005 is $937,976,000.
       Community and Regulatory Support.--The conference agreement 
     is $60,547,000. From within available funds, $500,000 shall 
     be used to support the Energy and Environmental Hispanic 
     Community Participation project of the Self Reliance 
     Foundation needed to increase Hispanic community 
     understanding of and participation in environmental 
     management initiatives of the Department.
       Federal Contribution to Uranium Enrichment Decontamination 
     and Decommissioning Fund.--The Energy Policy Act of 1992, 
     Public Law 102-486, created the Uranium Enrichment 
     Decontamination and Decommissioning Fund to pay for the cost 
     of cleanup of the gaseous diffusion facilities located in Oak 
     Ridge, Tennessee; Paducah, Kentucky; and Portsmouth, Ohio. 
     The conference agreement includes the budget request of 
     $463,000,000 for the Federal contribution to the Uranium 
     Enrichment Decontamination and Decommissioning Fund.

[[Page H10559]]

       Non-Closure Environmental Activities.--The conference 
     agreement is $146,038,000. Within available funds, the 
     conference agreement directs the Department to provide 
     $10,000,000 for the Hazardous Waste Worker Training Program 
     and $8,000,000 for the Volpentest Hazardous Materials 
     Management and Emergency Response (HAMMER) training and 
     education center.
       The conference agreement includes $2,000,000 for the Desert 
     Research Institute's Environmental Monitoring Program; 
     $750,000 for the University of Nevada-Reno to conduct 
     research in the areas of materials evaluation, fundamental 
     studies on nuclear degradation mechanisms, alternate 
     materials and design, and computational and analytical 
     modeling; $1,000,000 for the Nye County Groundwater 
     Evaluation Program; $2,000,000 for the Defense and Security 
     Research Center; $1,000,000 for the Amargosa Valley Science 
     and Technology Park; $1,000,000 for the Hazardous Material 
     Truck Tracking Facility; and $1,000,000 for the Research 
     Foundation at the University of Nevada-Las Vegas to assess 
     earthquake hazards and seismic risk in Southern Nevada; 
     $100,000 for the Perchlorate Characterization study for the 
     City of Simi Valley; and $6,000,000 for the Western 
     Environmental Technology Office.
       Spent Nuclear Fuel Management.--The Department proposed to 
     transfer responsibility for the management and operation of 
     the DOE national spent fuel program, the foreign research 
     reactor spent nuclear fuel acceptance program, and the 
     management of chemical processing plant 666 at Idaho from the 
     Office of Environmental Management to the Office of Civilian 
     Radioactive Waste Management. The conference agreement 
     includes the requested amounts of $8,217,000 for the DOE 
     national spent fuel program, $8,055,000 for management of 
     chemical processing plant 666, and $1,060,000 for associated 
     program direction costs. It is the conferees' expectation 
     that these activities will continue to be managed at the 
     Idaho site.
       Program Direction.--The conference agreement for program 
     direction is $271,059,000, the same as the budget request.
       Funding adjustments.--The conference agreement includes an 
     offset of $143,000 the same as the budget request, for the 
     security costs associated with reimbursable work. The 
     conference agreement includes the use of $2,000,000 of prior 
     year balances.

                        Other Defense Activities

       The conference agreement provides $692,691,000 for Other 
     Defense Activities.


                     Energy Security and Assurance

       The conference agreement funds these programs under the 
     Office of Electricity Transmission and Distribution.


                           Office of Security

       The conference agreement provides $298,506,000. 
     $193,904,000 is provided for nuclear safeguards and security; 
     $49,880,000 is provided for security investigations; and 
     $54,722,000 is provided for program direction.


            Independent Oversight and Performance Assurance

       The conference agreement provides $24,669,000, the same as 
     the budget request, for the independent oversight and 
     performance assurance program.


                Environment, Safety and Health (Defense)

       The conference agreement provides $129,519,000 for defense-
     related environment, safety and health activities, including 
     $20,414,000 for program direction. The conferees disagree 
     with the Administration's decision to cut funding for the 
     Radiation Effects Research Foundation. Within available 
     funds, the conference agreement provides $14,000,000, an 
     increase of $10,000,000 above the request for the Foundation. 
     This funding is critical in carrying out the scientific work, 
     which the United States has funded since 1947, to study the 
     health effects associated with the atomic blasts above 
     Hiroshima and Nagasaki.
       The conference agreement includes $2,000,000 for the 
     Marshall Island program to meet the core health and 
     environmental monitoring mission in order to reassure the 
     communities of safe habitation and resettlement. The 
     conference agreement also includes $5,000,000 to continue the 
     DOE Worker Records Digitization project in Nevada. These 
     funds are to be administered by the Nevada Site Office. The 
     conferees provide $4,100,000 for the medical monitoring at 
     the gaseous diffusion plants at Paducah, Kentucky, 
     Portsmouth, Ohio, and Oak Ridge, Tennessee. The conferees 
     support the continued use of helical low-dose CAT scanning 
     for early lung cancer detection in workers with elevated 
     risks of lung cancer. The conferees direct the Department to 
     establish an employee field resource center in the State of 
     New York.
       Former Worker Medical Screening.--The conference agreement 
     includes $300,000 within the Former Workers Health Program 
     for the Iowa Army Ammunition Plant for ongoing assistance in 
     collecting requisite medical records and completing claims 
     forms for workers and retirees and $250,000 for the on-going 
     beryllium screening and outreach program for workers employed 
     at vendors in the Worcester, Massachusetts, area who supplied 
     beryllium to the Atomic Energy Commission.
       The conferees support and are pleased with the Department's 
     efforts to expand the Voluntary Protection Program and other 
     voluntary cooperative programs. The conference agreement 
     includes $790,000 for the University of Washington's Former 
     Hanford Production Workers Medical Screening Program and to 
     initiate medical screening for current tank farm workers 
     consistent with the July 2004 NIOSH Health Hazard Evaluation 
     Report.
       Energy Employees Compensation Initiative.--The conferees 
     note the transfer of responsibility for processing the 
     Subtitle D claims from the Department of Energy to the 
     Department of Labor.


                           legacy management

       The conferees support the established mission of the office 
     of legacy management to manage the long-term stewardship 
     responsibilities at the Department's cleanup sites. The 
     conference agreement provides a total of $46,895,000 for the 
     office of legacy management of which $13,201,000 is provided 
     for program direction. Within available funds, the conferees 
     provide $8,000,000, to remain available until expended, for 
     planning, design, construction, and land acquisition, if 
     necessary, to establish a records management facility 
     centrally located near sites transferring into Legacy 
     Management status, and in close proximity to the Office of 
     Legacy Management's records management capability. The 
     conferees urge the Department to accelerate these activities 
     with the goal of such a facility being operational by early 
     fiscal year 2007. From within available funds, the conference 
     agreement provides $1,200,000 to complete transition of the 
     STAR Center in Pinellas County, Florida and $4,000,000 for 
     the final payment, subject to the existing requirement for 
     matching funds, to the Miamisburg Mound Community Improvement 
     Corporation. From available funds, $500,000 is provided to 
     establish a Local Stakeholder Post-Closure organization in 
     the State of Colorado.


                funding for defense activities in Idaho

       The conference agreement provides $114,347,000 for defense-
     related activities at the Idaho National Laboratory (INL) and 
     associated Idaho cleanup sites.


                 Defense Related Administrative Support

       The conference agreement provides $92,440,000 as proposed 
     by the House for national security programs administrative 
     support.


                     Office of Hearings and Appeals

       The conference agreement provides $4,318,000 for the Office 
     of Hearings and Appeals, the same as the budget request.


                      Office of Future Liabilities

       The conferees do not support the creation of a redundant 
     Departmental office to address the planning function for long 
     term environmental cleanup liabilities. The conference 
     agreement provides no funds for the Office of Future 
     Liabilities.

                     Defense Nuclear Waste Disposal

       The conference agreement provides $231,000,000 for the 
     defense contribution to the nuclear waste repository program. 
     The Conferees are aware that the Department formally 
     approved, in 1995, the right of the Affected Units of Local 
     Government and the State of Nevada to retain interest earned 
     on unexpended balances in their oversight accounts. The 
     conferees reaffirm that this policy reflects the intent of 
     Congress and should be maintained by the Department.

                    POWER MARKETING ADMINISTRATIONS

      Operation and Maintenance, Southeastern Power Administration

       The conference agreement includes $5,200,000, the same as 
     the budget request, for the Southeastern Power 
     Administration. The conference agreement provides $34,000,000 
     for purchase power and wheeling in fiscal year 2005.

      Operation and Maintenance, Southwestern Power Administration

       The conference agreement includes $29,352,000, the same as 
     the budget request, for the Southwestern Power 
     Administration. The conference agreement provides $2,900,000 
     for purchase power and wheeling in fiscal year 2005. The 
     conference recommendation also provides authority for 
     Southwestern to accept advances from non-Federal entities to 
     provide interconnections to Southwestern's transmission 
     system.

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

       The conference agreement provides $173,100,000, for Western 
     Area Power Administration. The conference agreement provides 
     $227,600,000 for purchase power and wheeling in fiscal year 
     2005. Within available funds, the conference recommendation 
     includes $6,000,000 for Topock-Davis-Mead Transmission Line 
     Upgrades to provide additional transmission capacity by using 
     aluminum matrix composite conductor technology.
       Utah Mitigation and Conservation Fund.--The conference 
     report does not contain the change in law sought by the 
     Administration concerning the transfer of this fund from the 
     Secretary of Energy to the Secretary of the Interior.
       Within available funds, $500,000 is provided on a non-
     reimbursable basis for a transmission study on the placement 
     of 500 MW of wind energy in North Dakota and South Dakota.

           Falcon and Amistad Operating and Maintenance Fund

       The conference agreement includes $2,827,000, the same as 
     the budget request, for the Falcon and Amistad Operating and 
     Maintenance Fund.

[[Page H10560]]

                  Federal Energy Regulatory Commission


                         salaries and expenses

       The conference agreement includes $210,000,000 for the 
     Federal Energy Regulatory Commission (FERC). Revenues for 
     FERC are set at an amount equal to the budget authority, 
     resulting in a net appropriation of $0.
       On March 24, 2004, FERC issued a declaratory order 
     asserting exclusive jurisdiction over the approval and siting 
     of liquefied natural gas (LNG) terminals. FERC concluded that 
     LNG terminals are engaged in foreign commerce and, as such, 
     fall clearly within the authority granted to the FERC under 
     Section 3 of the Natural Gas Act of 1938. The conferees agree 
     on this point and disagree with the position of at least one 
     State government agency that it should be the authority 
     responsible for LNG terminal siting within its boundaries, 
     rather than the FERC.
       The Natural Gas Act clearly preempts States on matters of 
     approving and siting natural gas infrastructure associated 
     with interstate and foreign commerce. These facilities need 
     one clear process for review, approval, and siting decisions. 
     Because LNG terminals affect both interstate and foreign 
     commerce, LNG facility development requires a process that 
     also looks at the national public interest, and not just the 
     interests of one State.
       The conferees recognize that, as a matter of energy supply, 
     the nation will need to expand its LNG infrastructure over 
     the decades to come to satisfy natural gas demand. Any 
     dispute of LNG siting jurisdictional authority now will be 
     counterproductive to meeting our natural gas needs in the 
     future.

                General Provisions--Department of Energy

       Sec. 301. The conference agreement includes language 
     regarding contract competition.
       Sec. 302. The conference agreement includes a provision 
     that none of the funds may be used to prepare or implement 
     workforce restructuring plans or provide enhanced severance 
     payments and other benefits and community assistance grants 
     for Federal employees of the Department of Energy under 
     section 3161 of the National Defense Authorization Act of 
     Fiscal Year 1993, Public Law 102-484. This provision has been 
     carried in previous Energy and Water Development 
     Appropriations Acts.
       Sec. 303. The conference agreement includes a provision 
     that none of the funds may be used to augment funds made 
     available for obligation for severance payments and other 
     benefits and community assistance grants unless the 
     Department of Energy submits a reprogramming request subject 
     to approval by the appropriate Congressional committees. This 
     provision has been carried in previous Energy and Water 
     Development Appropriations Acts.
       Sec. 304. The conference agreement includes a provision 
     that none of the funds may be used to prepare or initiate 
     Requests for Proposals for a program if that program has not 
     been funded by Congress in the current fiscal year. This 
     provision also precludes the Department from initiating 
     activities for new programs which have been proposed in the 
     budget request, but which have not yet been funded by 
     Congress. This provision has been carried in previous Energy 
     and Water Development Appropriations Acts.


                   (Transfers of Unexpended Balances)

       Sec. 305. The conference agreement includes a provision 
     that permits the transfer and merger of unexpended balances 
     of prior appropriations with appropriation accounts 
     established in this bill. This provision has been carried in 
     previous Energy and Water Development Appropriations Acts.
       Sec. 306. The conference agreement includes a provision 
     prohibiting the Bonneville Power Administration from 
     performing energy efficiency services outside the legally 
     defined Bonneville service territory unless the Administrator 
     certifies in advance that such services are not available 
     from private sector businesses. This provision has been 
     carried in previous Energy and Water Development 
     Appropriations Acts.
       Sec. 307. The conference agreement includes a provision 
     establishing certain notice and competition requirements for 
     Department of Energy user facilities. This provision has been 
     carried in previous Energy and Water Development 
     Appropriations Acts.
       Sec. 308. The conference agreement includes a provision 
     allowing the Administrator of the National Nuclear Security 
     Administration to authorize certain nuclear weapons 
     production plants, including the Nevada Test Site, to use not 
     more than 2 percent of available funds for research, 
     development and demonstration activities. This provision has 
     been carried in previous Energy and Water Development 
     Appropriations Acts.
       Sec. 309. The conference agreement includes a provision 
     which would authorize intelligence activities of the 
     Department of Energy for purposes of section 504 of the 
     National Security Act of 1947 until enactment of the 
     Intelligence Authorization Act for fiscal year 2005.
       Sec. 310. The conference agreement includes a provision 
     that requires that waste characterization at WIPP be limited 
     to determining that the waste is not ignitable, corrosive, or 
     reactive. This confirmation will be performed using 
     radiography or visual examination of a representative 
     subpopulation of the waste. The language directs the 
     Department of Energy to seek a modification to the WIPP 
     Hazardous Waste Facility Permit to implement the provisions 
     of this section.
       Sec. 311. The conference agreement includes language 
     regarding disposition of depleted Uranium Hexafluoride.
       Sec. 312. The conference agreement includes a provision 
     regarding the use of funds in this Act for some procurement 
     actions by the Department of Energy.
       Sec. 313. The conference agreement includes a provision 
     prohibiting the use of funds in this Act for procurements to 
     increase the dollar value of prime contracts awarded directly 
     by the Department to small business.
       Sec. 314. The conference agreement includes a provision 
     limiting the types of waste that can be disposed of in the 
     Waste Isolation Pilot Plant in New Mexico. None of the funds 
     may be used to dispose of transuranic waste in excess of 20 
     percent plutonium by weight for the aggregate of any material 
     category. At the Rocky Flats site, this provision includes 
     ash residues; salt residues; wet residues; direct repackage 
     residues; and 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''. This provision has been 
     carried in previous Energy and Water Development 
     Appropriations Acts.


                       CONFERENCE RECOMMENDATIONS

       The conference agreement's detailed funding recommendations 
     for programs in title III are contained in the following 
     table.

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                     TITLE IV--INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       The conference agreement provides $66,000,000 for the 
     Appalachian Regional Commission. Within available funds, the 
     conferees direct the Commission to provide $1,000,000 to 
     facilitate construction of the Farmers' Ethanol biorefinery 
     and supporting infrastructure in Perry County, Ohio. The 
     conferees support the Appalachian-Turkish Trade Project to 
     promote trade and investment opportunities.

                Defense Nuclear Facilities Safety Board


                         Salaries and Expenses

       The conference agreement provides $20,268,000 for the 
     Defense Nuclear Facilities Safety Board, the same as the 
     request.

                        Delta Regional Authority


                         Salaries and Expenses

       The conference agreement appropriates $6,048,000 for the 
     Delta Regional Authority. The conferees direct the Authority 
     to submit to the House and Senate Committees on 
     Appropriations quarterly financial reports providing detailed 
     accounting data on the expenditures of funds during fiscal 
     year 2005. The conferees also expect the Authority to submit 
     a detailed budget justification for the fiscal year 2006 
     budget.

                           Denali Commission

       The conference agreement appropriates $67,000,000 for the 
     Denali Commission. The conferees renew the direction to the 
     Commission to submit a detailed budget justification for 
     fiscal year 2006.

                     Nuclear Regulatory Commission


                         Salaries and Expenses

       The conference agreement includes $662,777,000, to be 
     offset by revenues of $534,354,000, for a net appropriation 
     of $128,423,000. This reflects the statutory language adopted 
     by the conference in fiscal year 2001 to reduce the fee 
     recovery requirement to 90 percent in fiscal year 2005.
       In fiscal year 2004, the conferees directed the Nuclear 
     Regulatory Commission to contract with the National Academy 
     of Sciences for a study of spent nuclear fuel storage at 
     commercial reactor sites. The National Academy completed this 
     study and found a number of areas in which the NRC could 
     improve its modeling of the risks to spent fuel storage and 
     the mitigation of such risks. The conferees expect the NRC to 
     take the necessary steps to improve its analyses, including 
     the preparation of site-specific models, and to work with the 
     utilities to ensure timely application of this information to 
     mitigate risks.

                      Office of Inspector General

       The conference agreement includes $7,518,000, to be offset 
     by revenues of $6,766,200, for a net appropriation of 
     $751,800. This reflects the statutory language adopted by the 
     conference in fiscal year 2001 to reduce the fee recovery 
     requirement to 90 percent in fiscal year 2005.

                  Nuclear Waste Technical Review Board


                         Salaries and Expenses

       The conference agreement provides $3,177,000, the same as 
     the budget request.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The conference agreement includes language 
     directing that none of the funds appropriated in this Act may 
     be used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress except to communicate to 
     Members of Congress.
       Sec. 502. The conference agreement includes language 
     regarding the transfer of funds made available in this Act to 
     other departments or agencies of the federal government.
       Sec. 503. The conference agreement includes language 
     regarding the public release of documents concerning energy 
     markets.
       Sec. 504. The conference agreement includes language 
     regarding the extension of the prohibition of oil and gas 
     drilling in the Great Lakes through 2007.
       Sec. 505. The conference agreement includes language 
     authorizing the Secretary of the Army to transfer and advance 
     funds to the Administrator of the Bonneville Power 
     Administration to carry out activities in connection with 
     Section 2406 of the Energy Policy Act of 1992.
       Sec. 506. The conference agreement includes language 
     concerning the voting methods for the Delta Regional 
     Authority.

                                TITLE VI

       The conference agreement includes language changing the 
     composition, operation, and duties of the Board of Directors 
     of the Tennessee Valley Authority.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2004 amount, the 2005 
     budget estimates, and the House and Senate bills for 2005 
     follow:

                       [In thousands of dollars]

New budget (obligation) authority, fiscal year 2004.........$27,756,375
Budget estimates of new (obligational) authority, fiscal year28,470,382
House bill, fiscal year 2005.................................28,525,000
Senate bill, fiscal year 2005.........................................0
Conference agreement, fiscal year 2005.......................29,020,000
Conference agreement compared with:
  New budget (obligation) authority, fiscal year 2004........+1,263,625
  Budget estimates of new (obligational) authority, fiscal year+549,618
  House bill, fiscal year 2005.................................+495,000
  Senate bill, fiscal year 2005.............................+29,020,000

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

       The statement of the managers remains silent on provisions 
     that were in both the House and Senate bills that remain 
     unchanged by this conference agreement, except as noted in 
     this statement of the managers. The House and Senate report 
     language that is not changed by the conference is approved by 
     the committee of conference. The statement of the managers, 
     while repeating some report language for emphasis, does not 
     intend to negate the language referred to above unless 
     expressly provided herein.

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

       The conference agreement appropriates $59,800,000 for the 
     subsidy appropriation instead of $125,700,000 as proposed by 
     the House and $115,700,000 as proposed by the Senate. The 
     managers expect that there will be no reduction in Export-
     Import Bank activity levels due to the extraordinarily high 
     level of carryover balances in fiscal year 2005, which total 
     approximately $444,000,000.
       The conference agreement appropriates $73,200,000 for 
     administrative expenses for the Export-Import Bank as 
     included in the House bill and Senate amendment.
       The conference agreement does not include a first-time 
     appropriation for an Office of Inspector General. The 
     managers note that the Export-Import Bank already has an 
     audit committee and other regimes in place, including 
     independent auditors that provide financial oversight to its 
     operations.
       The conference agreement includes Senate language that 
     requires the Export-Import Bank to provide a report on the 
     economic effect of an ethanol dehydration plant in Trinidad 
     and Tobago within 30 days of enactment of this Act. The 
     conference agreement does not include Senate language that 
     would have required prior consultation with the Senate 
     Finance Committee and the Committees on Appropriations prior 
     to extending credit support to establish or expand the 
     production of indigenous products by a beneficiary country 
     pursuant to section 423 of the Tax Reform Act of 1986. The 
     managers are concerned by the precedent this provision may 
     establish within the Act, and believe this matter is better 
     addressed by the relevant authorizing committees.

                Overseas Private Investment Corporation

       The managers direct the President of OPIC to continue 
     current policy and consult with the Committees on 
     Appropriations before any future financing for 
     nongovernmental organizations or private and voluntary 
     organizations is approved.
       The conference agreement includes Senate language that 
     allows OPIC to operate in Iraq for fiscal year 2005. The 
     House bill did not address this matter.

                      Trade and Development Agency

       The conference agreement appropriates $51,500,000 for the 
     Trade and Development Agency (TDA) as proposed by the House 
     instead of $49,000,000 as proposed by the Senate. The 
     managers have provided $1,500,000 for TDA to conduct a 
     development and training program to assist countries with 
     meeting their obligations for international aviation security 
     and safety standards.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

           United States Agency for International Development


                Child Survival and Health Programs Fund

       The conference agreement appropriates $1,550,000,000 for 
     the Child Survival and Health Programs Fund as proposed by 
     the Senate instead of $1,648,500,000 as proposed by the 
     House. The managers make funding in this account available 
     until September 30, 2006, as proposed by the House, rather 
     than September 30, 2007, as proposed by the Senate.
       As in previous years, the conference agreement includes 
     language allocating the Child Survival and Health Programs 
     Fund among six program categories. For child survival and 
     maternal health, including vaccine-preventable diseases such 
     as polio, the conference agreement allocates $345,000,000 as 
     proposed by the Senate instead of $330,000,000 as allocated 
     by the House. For vulnerable children (not including children 
     affected by HIV/AIDS), the conference agreement allocates 
     $30,000,000 as proposed by the Senate instead of $28,000,000 
     as allocated by the House. For HIV/AIDS, including children 
     orphaned by HIV/AIDS and otherwise affected by the disease, 
     the conference agreement allocates $350,000,000 instead of 
     $330,000,000 as allocated by the House or $600,000,000 as 
     allocated by the Senate. For other infectious diseases, 
     including TB and malaria, the conference agreement allocates 
     $200,000,000 as proposed by the Senate instead of 
     $185,000,000 as allocated by the House. For reproductive 
     health/family planning, the conference agreement allocates 
     $375,000,000 as allocated by the Senate; and for the Global 
     Fund to

[[Page H10577]]

     Fight AIDS, Tuberculosis and Malaria (Global Fund), the 
     conference agreement allocates $250,000,000 as proposed by 
     the Senate (not including $150,000,000 of emergency funding) 
     instead of $400,000,000 as allocated by the House. The 
     allocation for the Global Fund also includes $87,800,000 in 
     prior year funds, bringing the total allocation to 
     $337,800,000.
       The managers expect that any change proposed subsequent to 
     the allocation as directed in bill language will be subject 
     to the requirements of section 515 of this Act. A definition 
     of program categories and their components can be found on 
     pages 9 through 11 of House Report 107-142 and under the 
     heading ``Family Planning/Reproductive Health'' on page 12 of 
     Senate Report 107-58.
       The conference agreement includes a total of $337,800,000 
     for the Global Fund. The managers note that other donors have 
     not contributed adequate matching funding to make available 
     all of the potential United States fiscal year 2004 
     contribution to the Fund of $547,000,000. The managers have 
     carried over the amount that could not be made available, 
     $87,800,000, for inclusion in the fiscal year 2005 Global 
     Fund contribution. Absent this action by the Congress, these 
     funds would have been used for purposes other than a 
     contribution to the Global Fund.
       The managers provide that up to 5 percent of funds made 
     available for a United States contribution to the Global Fund 
     may be made available to USAID for technical assistance 
     related to Global Fund activities, similar to a House 
     provision. Priority should be given to assistance that speeds 
     the distribution of Global Fund grants and improves the 
     accountability and efficiency of their use, rather than 
     increases the pipeline of undisbursed funding.
       As in previous years, the managers specify that funding for 
     family planning/reproductive health should also be spent in 
     areas where population growth threatens biodiversity or 
     endangered species, as recommended by the Senate. The House 
     bill did not address this matter.
       The conference agreement includes $30,000,000 to support 
     research on and the development of microbicides as a means 
     for combating HIV/AIDS, instead of $32,000,000 as proposed by 
     the Senate. The House bill did not address this matter. The 
     managers endorse Senate report language recommending up to 
     $2,000,000 for the International Partnership for 
     Microbicides.
       The conference agreement includes $27,000,000 for the 
     International AIDS Vaccine Initiative, instead of $28,000,000 
     as proposed by the Senate. The House bill addressed this 
     matter under the heading ``Global HIV/AIDS Initiative''.
       The managers do not include a provision providing funds 
     under this heading for the Joint UN Programme on HIV/AIDS 
     (UNAIDS), as proposed by the Senate. Instead, the managers 
     provide such funds from the heading ``Global HIV/AIDS 
     Initiative''.
       To simplify accounting and improve transparency, no funding 
     is appropriated in this account for HIV/AIDS programs in the 
     15 Emergency Plan for AIDS Relief ``focus'' countries. 
     Funding for the ``focus'' countries is appropriated under the 
     heading ``Global HIV/AIDS Initiative''.
       The managers note that, of the funding pledged thus far by 
     the Global Fund to recipient countries, approximately 56 
     percent would be for HIV/AIDS interventions, 31 percent for 
     malaria interventions, and 13 percent for tuberculosis (TB) 
     or combined TB/AIDS interventions. The managers have used 
     these percentages to estimate the portion of the United 
     States contributions to the Global Fund that is likely to be 
     attributed for each disease. The narrative for HIV/AIDS 
     funding is under the heading ``Global HIV/AIDS Initiative''.
       The conference agreement provides a total of $132,500,000 
     for TB assistance. Of this amount, $80,000,000 is funded 
     through the ``other infectious diseases'' allocation in this 
     account, an estimated $8,500,000 from other bilateral 
     accounts, and $44,000,000 through the contribution to the 
     Global Fund.
       For malaria, the conference agreement provides a total of 
     $203,700,000. Of this amount, it is expected that 
     $104,700,000 of the contribution to the Global Fund will fund 
     malaria programs, $90,000,000 is funded through the ``other 
     infectious diseases'' allocation in this account, and an 
     estimated $9,000,000 is provided from other bilateral 
     accounts.
       The managers note with concern the reductions made in the 
     fiscal year 2005 budget request for a number of African 
     countries. The conference agreement contains funding levels 
     for both ``Child Survival and Health Programs Fund'' and 
     ``Development Assistance'' that significantly exceed the 
     amounts requested. The managers therefore expect USAID to 
     restore cuts in African country allocations in those accounts 
     to their fiscal year 2004 levels, consistent with proper 
     programmatic considerations. The managers expect that the 
     Committees on Appropriations will be fully consulted prior to 
     the release of section 653(a) allocations for fiscal year 
     2005.
       The managers endorse House report language urging USAID to 
     increase its support for obstetric fistula prevention and 
     repair. The managers also intend that $32,000,000 be made 
     available to support the multilateral campaign to combat 
     polio.
       The managers note the policy and technical analysis and 
     educational programs of the Global Health Council and 
     recommend funding for the Council for such activities in 
     fiscal year 2005.
       The managers direct USAID to provide the Committees with a 
     detailed report not later than March 31, 2005, on the 
     programs, projects, and activities undertaken by the Child 
     Survival and Health Programs Fund during fiscal year 2004.
       The managers note the growing demand for health-related 
     research and development from this and other accounts in this 
     Act. Therefore, the managers request USAID to provide a 
     report not later than 180 days after enactment of this Act 
     describing efforts made to coordinate USAID's health-related 
     research and development activities with those of the 
     Department of Health and Human Services, the Department of 
     Defense, and other agencies as appropriate. The report should 
     focus on the research, development, and application cycle and 
     outline USAID's appropriate role in that process. The report 
     should also include amounts spent by USAID for research and 
     development, with a breakdown by health issue or disease, 
     recipient, and stage of research or development funded. The 
     managers request USAID to consult regularly with the 
     Committees while developing this report.
       Funds appropriated for the Child Survival and Health 
     Programs Fund are appropriated for programs, projects and 
     activities. Funds for administrative expenses to manage Child 
     Survival and Health Programs Fund activities are provided in 
     a separate USAID Operating Expenses account, with two 
     exceptions included in the conference agreement: authority 
     for USAID's central and regional bureaus to use up to 
     $250,000 from program funds for Operating Expense-funded 
     personnel to better monitor and provide oversight of the 
     Child Survival and Health Programs Fund, and section 522, 
     which includes authority to use up to $13,500,000 to 
     reimburse other government agencies and private institutions 
     for professional services.


                         Development Assistance

       The conference agreement appropriates $1,460,000,000 for 
     ``Development Assistance'' as proposed by the Senate instead 
     of $1,429,000,000 as proposed by the House.
       The conference agreement includes $194,000,000 for trade 
     capacity building under this heading, the same as the level 
     in the House bill. The Senate amendment did not address this 
     matter. Trade capacity building is further addressed in 
     section 570 of the general provisions.
       The managers have agreed to provide $300,000,000 for basic 
     education, including adult literacy programs, under this 
     heading. Additionally, the conference agreement addresses 
     this matter further in section 567 of the general provisions. 
     The Senate amendment addressed this matter in the general 
     provisions, not under this heading.
       The managers note that both the House and Senate reports 
     direct USAID to design and fund a $15,000,000 program in 
     Africa with the aim of eliminating school fees. The managers 
     endorse the instructions included in the House report 
     stipulating that this program address the issue of 
     eliminating school fees in a holistic manner, with attention 
     paid to increasing host country investment in education, 
     increasing parent and community involvement, and ensuring 
     sufficient infrastructure for both male and female students. 
     The managers understand that eliminating school fees, even in 
     one country, could cost hundreds of millions of dollars, and 
     that the pilot project undertaken with the funds provided 
     will necessarily be smaller in scope. The managers also 
     direct that the strategies requested in both the House and 
     Senate reports be combined and transmitted together to the 
     Committees on Appropriations no later than 180 days after 
     enactment of this Act.
       The conference agreement provides $15,000,000 for programs 
     to improve women's leadership capacity in recipient countries 
     as included in the House bill. The Senate amendment did not 
     address this matter.
       The conference agreement provides $2,000,000 for clean 
     water treatment activities in developing countries. The House 
     bill did not address this matter. The managers recommend 
     consideration of up to $2,000,000 for Water Missions 
     International assuming satisfaction of normal requirements 
     for project technical merit and financial accounting system 
     standards.
       The conference agreement includes Senate language that 
     provides $100,000,000 from all funds appropriated by this Act 
     shall be made available for drinking water supply projects 
     and related activities. The House bill did not address this 
     matter. The Committee expects USAID to report no later than 
     90 days after enactment of this Act on funding and 
     implementation of its water projects, including the number 
     and location of wells drilled, and the cost per well.
       The conference agreement does not include the Senate 
     requirement that funds for the Global Development Alliance 
     are subject to notification. However, the managers request 
     USAID to present to the Committees its financial plan for 
     continued implementation of the Global Development Alliance. 
     The House did not address this matter.
       The managers support the fertilizer-related research and 
     development being conducted by the International Fertilizer 
     Development Center (IFDC) and urge USAID to make at least 
     $4,000,000 available to IFDC, including not less than 
     $2,300,000 for its core grant, as provided under the Senate 
     amendment. The House bill did not address the matter.
       The conference agreement provides $20,000,000 for American 
     Schools and Hospitals Abroad. The Senate provided 
     $22,000,000. The House bill did not address this matter. The 
     managers endorse House report language concerning medical 
     simulation technology.

[[Page H10578]]

       The managers direct that not less than $1,000,000 be made 
     available to the U.S. Telecommunications Training Institute, 
     a nonprofit joint venture program between the public and 
     private sectors that provides tuition free communications and 
     broadcasting training to professionals around the world. The 
     Senate amendment included bill language mandating that such 
     funds be made available for this purpose. The House bill did 
     not address this matter.
       The managers understand that USAID has reached a three-
     year, $3,000,000 agreement with the International Real 
     Property Foundation (IRPF). The managers support the work of 
     the IRPF, which provides field volunteers to developing 
     countries to help make their real estate markets more open 
     and professional. The managers expect USAID to provide 
     $1,000,000 to the IRPF from funds made available under this 
     heading.
       The conference agreement includes a modified Senate 
     provision directing that ``Development Assistance'' funds 
     should be used for programs in sub-Saharan Africa to address 
     sexual and gender-based violence. The House bill did not 
     address this matter. The managers recognize the importance of 
     these programs and expect USAID to increase funding above the 
     current level.
       The managers endorse Senate report language concerning Laos 
     and expect that a total of $2,000,000 from ``Development 
     Assistance'' and the ``Child Survival and Health Programs 
     Fund'' will be used to continue ongoing programs in that 
     country. The managers continue to strongly support programs, 
     funded under the ``Nonproliferation, Anti-Terrorism, Demining 
     and Related Programs'' account, to clear unexploded ordnance 
     in Laos and expect that at least $2,500,000 will be made 
     available for this purpose in fiscal year 2005.
       The conference agreement does not include a Senate 
     provision that $8,000,000 in development assistance funds 
     should be made available for assistance to Liberia. The House 
     bill did not address this matter. However, the managers 
     believe that additional funds are urgently needed for a 
     variety of activities in Liberia, especially drug 
     rehabilitation of former combatants, and expect USAID to 
     provide $6,000,000 in development assistance funds for 
     Liberia. The managers endorse the budget request for Liberia 
     except where otherwise noted in the conference agreement or 
     statement of managers.
       The managers recommend $10,000,000 from ``Development 
     Assistance'' and ``Economic Support Fund'' to assist victims 
     of torture. The House bill did not address this matter.
       The managers support microenterprise development programs 
     for the poor, especially women, and urge USAID to achieve a 
     level of $200,000,000 for these programs in fiscal year 2005. 
     The managers also recommend $30,000,000 be available to 
     USAID's Office of Microenterprise through a central funding 
     or other appropriate mechanism for contracts, cooperative 
     agreements and grants.
       The managers also urge USAID to take steps to preserve the 
     viability of leading NGO microfinance networks and to consult 
     with the Committees on Appropriations on these measures.
       The managers strongly support the work of volunteers with 
     experience in the private sector in developing countries. In 
     that regard, the managers endorse the House report language 
     regarding the Financial Services Volunteer Corps (FSVC) and 
     the Citizens Development Corps (CDC), and Senate language 
     that endorses the International Executive Service Corps 
     (IESC). The FSVC can make an important contribution to 
     reconstruction in Iraq and Afghanistan. The managers strongly 
     support these institutions and direct the State Department 
     and USAID to seek ways to use them to full effect.
       The managers direct the State Department and USAID to 
     report to the Committees on Appropriations not later than 90 
     days after enactment of this Act on how funding made 
     available in this Act will be used by the FSVC.
       The managers endorse the list of university proposals in 
     the Senate and House reports. In addition, the managers 
     recommend consideration of proposals in support of the Norman 
     E. Borlaug International Science and Technology Fellows 
     Program, coordinated by Texas A&M University and other 
     partnering universities and agencies.
       The conference agreement does not include Senate language 
     that would direct $40,000,000 appropriated under title II of 
     this Act be made available to the Office of the Higher 
     Education Community Liaison within USAID. The managers affirm 
     the principle of rigorous competitive selection of proposals 
     on technical merit. On a highly exceptional basis, the 
     Committees may request USAID to consult them on behalf of 
     proposals deemed meritorious.


              International Disaster and Famine Assistance

       The conference agreement appropriates $370,000,000 for 
     ``International Disaster and Famine Assistance'', instead of 
     $355,500,000 as proposed by the House and $385,500,000 as 
     proposed by the Senate.
       Of this amount, $34,500,000 is made available specifically 
     for assistance for famine prevention and relief, instead of 
     $20,000,000 as proposed by the House and $50,000,000 as 
     proposed by the Senate.


                         Transition Initiatives

       The conference agreement appropriates $49,000,000 to 
     support transition to democracy and long-term development of 
     countries in crisis, instead of $47,500,000 proposed by the 
     House and $50,000,000 proposed by the Senate.


                      Development Credit Authority

                     (Including Transfer of Funds)

       The conference agreement provides $21,000,000 via transfer 
     authority for micro and small enterprise programs, urban 
     programs and other credit programs as proposed by the House 
     and the Senate. The conference agreement does not include a 
     Senate limitation of $700,000,000 on loan principal any part 
     of which is to be guaranteed. The House bill did not address 
     this matter.


                        Capital Investment Fund

       The conference agreement appropriates $59,000,000 for 
     USAID's Capital Investment Fund as proposed by the Senate, 
     instead of $64,800,000 as proposed by the House.
       The conference agreement does not include Senate language 
     that would have required the USAID Administrator to assess 
     rental assessments on other agencies in buildings constructed 
     with funds under this title. The conference agreement does 
     not include House language that would have made USAID funds 
     available for contribution to the Capital Security Cost 
     Sharing Program managed by the State Department only if all 
     other agencies that have agreed to participate in the program 
     are making their contribution. The conference agreement makes 
     available not to exceed $19,709,000 for USAID's contribution 
     to the Capital Security Cost Sharing Program.

                  Other Bilateral Economic Assistance


                         Economic Support Fund

       The conference agreement appropriates $2,482,500,000 for 
     the Economic Support Fund.
       Funds in this account are allocated in the following table 
     and, as stipulated in section 595, any change to these 
     allocations is subject to the regular reprogramming 
     procedures of the Committees on Appropriations:


                         Economic Support Fund

                [Budget Authority, dollars in thousands]

                                                   Conference Agreement
Africa:
  Africa Regional.................................................9,000
  Angola..........................................................3,000
  Burundi.........................................................3,250
  Democratic Republic of Congo....................................5,000
  Djibouti........................................................2,000
  Ethiopia........................................................5,000
  Kenya...........................................................9,000
  Liberia........................................................25,000
  Nigeria.........................................................5,000
  Regional Organizations..........................................1,000
  Safe Skies......................................................3,500
  Sierra Leone....................................................6,000
  South Africa....................................................1,000
  Sudan..........................................................20,000
  Zimbabwe........................................................2,000
  Kimberley Process...............................................1,750
  NED Democracy Programs..........................................3,500
                                                       ________________
                                                       
    Subtotal--Africa............................................105,000
                                                       ================

East Asia and the Pacific:
  ASEAN Regional....................................................750
  Burma...........................................................8,000
  Cambodia.......................................................17,000
  NED Democracy Programs..........................................4,000
  Tibet...........................................................4,250
  East Timor.....................................................22,000
  Indonesia......................................................65,000
  Mongolia.......................................................10,000
  Thailand........................................................1,000
  Philippines....................................................35,000
  Environmental Programs..........................................1,750
  Regional Security Fund............................................250
  Regional Women's Issues.........................................1,000
  South Pacific Fisheries........................................18,000
                                                       ________________
                                                       
    Subtotal--East Asia and Pacific.............................188,000
                                                       ================

Europe:
  Cyprus.........................................................13,500
  Irish Visa Program..............................................3,500
                                                       ________________
                                                       
    Subtotal--Europe.............................................17,000
                                                       ================

Near East:
  Egypt.........................................................535,000
  Israel........................................................360,000
  Jordan........................................................250,000
  Lebanon........................................................35,000
  Middle East Multilaterals.......................................2,000
  Middle East Partnership Initiative.............................75,000
  Middle East Regional Cooperation................................5,000
  Morocco........................................................20,000
  West Bank/Gaza.................................................75,000
  Yemen..........................................................15,000
  NED Muslim Democracy Programs...................................4,000
                                                       ________________
                                                       
    Subtotal--Near East.......................................1,376,000
                                                       ================

South Asia:
  Afghanistan...................................................225,000
  Bangladesh......................................................5,000
  India..........................................................15,000
  Nepal...........................................................5,000
  Pakistan......................................................300,000
  South Asia Regional.............................................1,000
  Sri Lanka......................................................10,000
                                                       ________________
                                                       
    Subtotal--South Asia........................................561,000
                                                       ================

Western Hemisphere:
  Bolivia.........................................................8,000
  Cuba............................................................9,000
  Dominican Republic..............................................3,000

[[Page H10579]]

  Ecuador........................................................13,000
  Haiti..........................................................40,000
  Guatemala.......................................................6,000
  Nicaragua.......................................................3,500
  Mexico.........................................................13,500
  Panama..........................................................3,000
  Paraguay........................................................3,000
  Peru............................................................8,000
  Peru/Ecuador Peace..............................................3,000
  Regional Anticorruption Initiatives.............................3,000
  Summit of the Americas Support..................................1,500
  Third Border Initiative.........................................9,000
  Trade capacity/CAFTA Technical Assistance......................20,000
  Venezuela.........................................................500
                                                       ________________
                                                       
    Subtotal--Western Hemisphere................................147,000
                                                       ================

Global:
  Human Rights and Democracy Fund................................37,000
  Disability Programs.............................................2,500
  OES Initiatives.................................................2,500
  Partnerships to Eliminate Sweatshops............................2,000
  Wheelchairs.....................................................5,000
  Reconciliation Programs........................................12,000
  Security and Sustainability Programs............................3,000
  Trafficking in Persons.........................................24,500
                                                       ________________
                                                       
    Subtotal--Global.............................................88,500
                                                       ================

    Total, ESF................................................2,482,500

       The conference agreement provides $360,000,000 for Israel 
     and language requiring disbursement of funds within 30 days 
     of enactment of this Act. The conference agreement provides 
     not less than $535,000,000 for Egypt as proposed by both the 
     House and Senate.
       The conference agreement includes language similar to that 
     of the Senate amendment that provides that $200,000,000 
     should be provided for Commodity Import Program assistance 
     for Egypt. The House bill did not address this matter.
       The conference agreement does not include language, 
     proposed by the Senate, that assistance be provided for Egypt 
     with the understanding that the Government of Egypt (GoE) 
     will undertake significant political reforms in addition 
     to those undertaken in previous years. The House bill did 
     not address this matter.
       The conference agreement includes language, proposed by the 
     Senate, that democracy and governance activities shall not be 
     subject to the prior approval of the GoE. The managers intend 
     this language to include nongovernmental organizations and 
     other segments of civil society that may not be registered 
     with, or officially recognized by, the GoE. However, the 
     managers understand that the GoE should be kept informed of 
     funding provided pursuant to these activities.
       The conference agreement does not include a Senate 
     provision to make funds from this account available to USAID 
     for administrative costs for regional programs in Asia and 
     the Near East regions. The House bill did not address this 
     matter.
       The conference agreement includes language similar to that 
     proposed by the House and the Senate providing that not less 
     than $13,500,000 shall be made available for assistance for 
     Cyprus.
       The conference agreement includes language that provides 
     that not less than $250,000,000 should be made available for 
     assistance for Jordan, as proposed by the House. The Senate 
     language would have mandated this level of support.
       The conference agreement includes language similar to that 
     in the House bill that provides that not less than 
     $35,000,000 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.
       The conference agreement provides $22,000,000 for 
     assistance for East Timor (Timor-Leste) as proposed by the 
     Senate. The House bill had similar language. The conference 
     agreement provides that of the funds for East Timor, 
     $1,000,000 may be made available for administrative expenses 
     of USAID, as proposed by the Senate.
       The conference agreement does not include a House provision 
     providing $50,000,000 for assistance for Haiti. The 
     conference agreement provides $85,000,000 in assistance for 
     Haiti as specified in section 549 of this Act, including 
     $40,000,000 in the Economic Support Fund.
       The managers include prior year language authorizing non-
     lethal assistance to the National Democratic Alliance of 
     Sudan to protect its civilians from attack. The Senate did 
     not address this matter.
       The conference agreement provides that $3,000,000 should be 
     made available to promote freedom of the media in Indonesia. 
     The managers expect these funds will support ongoing programs 
     and activities, including those conducted by Internews.
       The conference agreement does not include a Senate 
     provision that $2,000,000 shall be made available for 
     economic development programs conducted by Indonesian 
     universities. However, the managers expect funding should be 
     provided for this purpose.
       The managers expect USAID to provide sufficient funding for 
     democracy building activities in Indonesia, and request USAID 
     to consult with the Committees on this matter.
       The managers also expect currently unobligated funds for 
     police training in Indonesia to be fully utilized before 
     fiscal year 2005 Economic Support Fund resources are used for 
     that purpose.
       The conference agreement does not include Senate language 
     providing assistance to the Rosary Sisters Hospital in 
     Jordan. The managers understand the concerns of the 
     Government of Jordan regarding the impact this proposed 
     activity would have on the assistance program for Jordan and 
     recommend that USAID and the Department of State review a 
     proposal from the hospital for possible funding from other 
     sources within this Act. The House bill did not address this 
     matter.
       The conference agreement does not include Senate language 
     that would have authorized up to $4,500,000 for scholarship 
     programs for students from countries with significant Muslim 
     populations at accredited American institutions of higher 
     education. The House bill did not address this matter. The 
     managers note that sufficient authority exists to fund such 
     scholarships at the present time, and endorse the House 
     report language on this matter. The managers direct the 
     Department of State to review such a proposal and, based on 
     such review, to recommend, as part of the President's fiscal 
     year 2006 budget request, how such a program (including 
     elementary and secondary school students) could be most 
     effectively funded and managed by the United States 
     Government.
       The conference agreement does not include $2,500,000 for 
     technical assistance to implement the Kimberley Process 
     Certification Scheme. However, $1,750,000 should be made 
     available for this purpose, as identified in the table 
     establishing funding levels for this account.
       The conference agreement does not include Senate language 
     providing funding for environment initiatives in the East 
     Asia and Pacific region. However, $1,750,000 should be made 
     available for this purpose as indicated in the table 
     establishing funding levels for this account. The House bill 
     did not address this matter.
       The conference agreement does not include Senate provisions 
     providing specific funding levels for Kenya and Liberia. 
     Amounts for these countries are identified in the table 
     establishing funding levels for this account. The House bill 
     did not address this matter.
       The conference agreement does not include a Senate 
     provision that directed not less than $500,000 should be made 
     available for the Commission to Investigate Illegal Groups 
     and Clandestine Security Apparatus in Guatemala (CICIACS). 
     However, the managers intend that if CICIACS is established 
     not less than $500,000 should be made available to support 
     the Commission. The House bill did not address this matter.
       The conference agreement does not include Senate language 
     providing funding for the Foundation for Security and 
     Sustainability. The managers provide $3,000,000 for the 
     Foundation as identified in the table establishing funding 
     levels for this account. The House bill did not address this 
     matter.
       The conference agreements includes $5,000,000 for the 
     provisions of wheelchairs for needy persons in developing 
     countries instead of $10,000,000 as proposed by the Senate. 
     The House bill did not address this matter.


                     International Fund for Ireland

       The conference agreement appropriates $18,500,000 as 
     proposed by the House. The Senate did not address this 
     matter.


          Assistance for Eastern Europe and the Baltic States

       The conference agreement appropriates $396,600,000 instead 
     of $410,000,000 as proposed by the Senate and $375,000,000 as 
     proposed by the House.
       Funds in this account are allocated in the following table 
     and, as stipulated in section 595, any change to these 
     allocations is subject to the regular reprogramming 
     procedures of the Committees on Appropriations:


          Assistance for Eastern Europe and the Baltic States

               [Budget Authority in thousands of dollars]

                                                   Conference Agreement
Albania.........................................................$28,000
Bosnia-Herzegovina...............................................41,000
Bulgaria.........................................................27,000
Croatia..........................................................20,000
Kosovo...........................................................75,000
Macedonia........................................................34,000
Romania..........................................................27,000
Serbia...........................................................73,600
Montenegro.......................................................20,000
Regional Programs................................................51,000
                                                       ________________
                                                       
    Total AEEB..................................................396,600

       The conference agreement contains language similar to that 
     in the Senate amendment that provides that $2,000,000 should 
     be made available to enhance safety at nuclear power plants. 
     The managers understand that additional funding for this 
     purpose will not be required in subsequent fiscal years.
       The conference agreement does not include language proposed 
     by the Senate to reduce assistance for Serbia by an amount 
     equal to the amount of financial and other support that 
     Serbia has provided to Slobodan Milosevic and other indicated 
     war criminals and their families during calendar year 2004. 
     The managers request the State Department to promptly consult 
     with the Committees on the amounts, if any, Serbia has 
     provided to these individuals. The House bill did not address 
     this matter.
       The conference agreement does not include a House provision 
     requiring the Administrator of USAID to provide prior written 
     approval for grants and loans for the economic

[[Page H10580]]

     revitalization program in Bosnia and Herzegovina. The Senate 
     did not address this matter.
       The conference agreement includes House language that 
     requires separate accounts for local currencies and cash 
     transfers made available under this heading. The Senate did 
     not address this matter.
       The managers have included House language authorizing the 
     President to withhold funds for Bosnian economic 
     revitalization if Bosnia is not in compliance with article 
     III of annex 1-A of the Dayton Accords and has not terminated 
     intelligence cooperation with state sponsors of terrorism and 
     terrorist organizations.
       The managers note the language of both the House and Senate 
     reports endorsing the American Bar Association's rule of law 
     programs, and also support implementing them through 
     cooperative agreements.
       The managers recommend funding for the Russian, Eurasian, 
     and East European Research and Training Program (Title VIII) 
     at the fiscal year 2004 level. The managers also encourage 
     the use of Title VIII funds to include comparative research 
     and language training concerning Eurasian countries critical 
     in the war on terrorism.
       The managers note that USAID, the Kosovo Business Finance 
     Fund, and the American Council for International Education 
     have recently entered into a partnership to expand 
     professional educational opportunities in Kosovo. Given the 
     static or declining aid levels for Eastern Europe and 
     Eurasia, the managers encourage the State Department and 
     USAID to work with various Enterprise Funds to develop 
     further post graduate partnership programs and opportunities 
     for professional education.


    Assistance for the Independent States of the Former Soviet Union

       The conference agreement appropriates $560,000,000 as 
     proposed by the Senate, instead of $550,000,000 as proposed 
     by the House.
       Funds in this account are allocated in the following table 
     and, as stipulated in section 595, any change to these 
     allocations is subject to the regular reprogramming 
     procedures of the Committees on Appropriations:


    Assistance for the Independent States of the Former Soviet Union

              [(Budget Authority in thousands of dollars]

                                                   Conference Agreement
Armenia.........................................................$75,000
Azerbaijan.......................................................38,000
Belarus...........................................................6,500
Georgia..........................................................92,000
Kazakhstan.......................................................27,000
Kygryz Republic..................................................32,000
Moldova..........................................................17,500
Russia...........................................................90,000
Tajikistan.......................................................25,000
Turkmenistan......................................................6,000
Ukraine..........................................................70,000
Uzbekistan.......................................................36,000
Regional Programs................................................45,000
                                                       ________________
                                                       
    Total.......................................................560,000

       The conference agreement includes $3,859,000 for health and 
     other assistance needs of victims of trafficking in persons, 
     instead of $1,500,000 as proposed by the House and $8,000,000 
     as proposed by the Senate.
       The conference agreement includes language providing not 
     less than $17,500,000 for the Russian Far East, instead of 
     $20,000,000 as proposed by the Senate. The managers endorse 
     Senate report language recognizing the important 
     contributions to development activities in this region by the 
     University of Alaska.
       The conference agreement does not include a Senate 
     provision making available assistance for an emergency 
     operations center in Kazakhstan.
       The conference agreement provides that of the funds made 
     available for assistance for Ukraine, $5,000,000 should be 
     made available for nuclear reactor safety initiatives. The 
     managers expect that of this amount, $3,000,000 should be 
     provided for simulator-related projects. The Senate amendment 
     included a similar provision. The House bill did not address 
     this matter.
       The conference agreement includes not less than $55,000,000 
     for child survival, environmental and other health 
     activities, and programs to reduce the incidence of HIV/AIDS, 
     tuberculosis, and other infectious diseases. The House bill 
     would have provided $57,000,000 for these purposes. The 
     Senate amendment did not address this matter.
       The managers do not include a Senate provision specifying 
     funding for the Russia programs of the National Endowment for 
     Democracy or for democracy, human rights, and rule of law 
     programs in Belarus. The House bill did not address these 
     matters. The managers request that of the funds provided for 
     assistance for Russia, $3,500,000 should be made available to 
     the National Endowment for Democracy for democracy and human 
     rights activities in Russia, including political party 
     development programs.
       The conference agreement assumes $6,500,000 for assistance 
     for Belarus, which should be used to implement programs and 
     activities authorized under the Belarus Democracy Act of 
     2004. Funds may also be used for anti-trafficking programs 
     and programs to combat HIV/AIDS.
       The conference agreement assumes that of the funds 
     allocated for regional programs, at least $3,000,000 should 
     be provided to address ongoing humanitarian needs in Nagorno-
     Karabakh.

                          Independent Agencies


                       Inter-American Foundation

       The conference agreement appropriates $18,000,000 instead 
     of $19,000,000 as proposed by the Senate and $16,238,000 as 
     proposed by the House.


                     African Development Foundation

       The conference agreement appropriates $19,000,000 instead 
     of $20,000,000 as proposed by the Senate and $18,579,000 as 
     proposed by the House.


                              Peace Corps

       The conference agreement appropriates $320,000,000, instead 
     of $330,000,000 as proposed by the House and $310,000,000 as 
     proposed by the Senate. The managers encourage the Peace 
     Corps to consider new programs in Cambodia and elsewhere in 
     Asia, provided sufficient funds are available.


                    Millennium Challenge Corporation

       The conference agreement appropriates $1,500,000,000 for 
     the Millennium Challenge Corporation (MCC) instead of 
     $1,250,000,000 as proposed by the House and $1,120,000,000 as 
     proposed by the Senate.
       The conference agreement makes available up to $50,000,000 
     for administrative expenses instead of $30,000,000 as 
     proposed by the House. The Senate amendment did not address 
     this matter. Additionally, the managers include House 
     language providing up to 10 percent of funds for the 
     threshold countries. The Senate included similar language in 
     section 5093 of the Senate amendment.
       The conference agreement includes a number of provisions in 
     the House bill that were not addressed by the Senate 
     amendment including: Requirement for a written justification 
     before funds are made available, requesting a report on the 
     threshold country program, extension of section 605(e)(4) of 
     the Millennium Challenge Act of 2003, and requiring that the 
     MCC fully fund multi-year compacts for fiscal years 2004 and 
     2005.
       The conference agreement includes in section 534 of the 
     general provisions a provision similar to the Senate 
     amendment that amends the eligibility criteria of the MCC. 
     The managers have included a definition of the ``investments 
     in the people'' criteria that is inclusive of government 
     policies of a potentially eligible country that promote the 
     health, education, and other factors that contribute to the 
     well-being and productivity of their people, such as decent, 
     affordable housing.
       The managers direct the MCC to consult with the Committees 
     on Appropriations and other appropriate committees if the MCC 
     plans to propose an expansion of the ``investment in the 
     people'' criteria beyond the areas of health and education 
     for purposes of country eligibility. In the event of such a 
     proposed expansion, the managers direct the MCC to provide 
     this consultation not later than 21 days prior to the release 
     of the report on the criteria and methodology for determining 
     eligibility. The consultation shall include a justification, 
     including supporting documents, that the proposed expansion 
     will meet requirements and expectations of country coverage, 
     transparency and availability, objectivity and reliability, 
     an appropriate inclusion in the eligibility methodology, and 
     a link to economic growth and poverty reduction that merits 
     the provision of eligibility incentives.

                          Department of State


                       Global HIV/AIDS Initiative

       The conference agreement appropriates $1,385,000,000 for 
     the Global HIV/AIDS Initiative instead of $1,450,000,000 as 
     proposed by the Senate and $1,260,000,000 as proposed by the 
     House. The managers include a total of $2,296,300,000 for 
     HIV/AIDS, tuberculosis, and malaria, $99,300,000 over the 
     President's request and $690,145,000 over the fiscal year 
     2004 level. This figure does not include significant funding 
     anticipated to be appropriated for the Department of Health 
     and Human Services.


              HIV/AIDS, TB, and Malaria, fiscal year 2005

               (Budget Authority in thousands of dollars)

                                                   Conference Agreement
Child Survival and Health Programs Fund (CSH)...................867,800
  HIV/AIDS....................................................(350,000)
  Other Infectious Diseases (TB & malaria)....................(170,000)
  Global ATM Fund.............................................(337,800)
Global HIV/AIDS Initiative....................................1,385,000
Other bilateral accounts for HIV/AIDS, TB, malaria...............53,500
                                                       ________________
                                                       
    Total.....................................................2,296,300

       The conference agreement provides, of the $2,296,300,000 
     included for HIV/AIDS, TB, and malaria in this Act, not less 
     than $1,960,100,000 for programs for the prevention and 
     treatment of HIV/AIDS, and for care and support of those 
     infected and affected by the disease. $1,385,000,000 for HIV/
     AIDS is included in the Global HIV/AIDS Initiative account. 
     An additional $539,100,000 is funded through the Child 
     Survival and Health Programs Fund, including $189,100,000 as 
     a conservative estimate of the amount from this Act that will 
     be allocated for HIV/AIDS by the Global Fund using historic 
     Fund disbursement trends. An estimated $36,000,000 is 
     provided through other accounts, such as the Economic Support 
     Fund, International Disaster and Famine Assistance, Foreign 
     Military Financing, and regional accounts for Eastern Europe 
     and the former Soviet Union. The estimate of $1,960,100,000 
     for HIV/AIDS does not include the United States share of

[[Page H10581]]

     HIV/AIDS assistance through the World Bank Group.
       The managers note that all funding for the 15 Global HIV/
     AIDS Initiative ``focus'' countries is appropriated in this 
     account. The managers strongly encourage the Office of the 
     Global AIDS Coordinator to continue its policy of providing 
     additional funding to ``non-focus'' countries. The managers 
     also support the procurement of cost-effective commodities 
     that are appropriate for use in developing and least 
     developed countries, including rapid strip-based HIV tests 
     that address the threat of all strains of HIV, including 
     Group O.
       The conference agreement does not include a Senate 
     provision regarding capacity building for nongovernmental 
     organizations and governments. The House bill did not address 
     this matter.
       The managers request the Office of the Global AIDS 
     Coordinator to submit a report not later than 180 days 
     following enactment of this Act describing efforts to build 
     the capacity of focus-country governments and nongovernmental 
     organizations in those countries to develop and implement 
     sustainable HIV/AIDS programs. The report should detail 
     efforts, with funding allocations, to train local health care 
     personnel, including nurses, and to build the infrastructure 
     necessary for effective prevention, care and treatment 
     programs. The report should describe how these programs fit 
     into the country's national health care system and, if 
     relevant, national HIV/AIDS plan. The report should also 
     describe efforts undertaken by the Office of the Global AIDS 
     Coordinator and other parts of the Global HIV/AIDS Initiative 
     to coordinate capacity building efforts with other relevant 
     initiatives and organizations, such as the Global Fund, the 
     World Bank, and the World Health Organization. The managers 
     encourage the Office of the Global AIDS Coordinator to 
     consolidate reports requested under this title, as 
     appropriate.
       Funding for the United States contribution to the Global 
     Fund has been included in two places within the President's 
     annual budget submission: The request for USAID and the 
     request for the Department of Health and Human Services. The 
     managers request the Office of the Global AIDS Coordinator to 
     provide a detailed and consolidated description of United 
     States participation in and coordination with the Global 
     Fund. This description should include the levels of United 
     States government contributions to the Global Fund, efforts 
     to coordinate United States government and Global Fund 
     efforts in ``focus'' countries, and cost estimates of future 
     Global Fund operations, including projections of the cost of 
     grant renewals versus new grants. At a minimum, the forecast 
     should break out these estimated costs for fiscal years 2006, 
     2007, and 2008 and describe how the Administration is working 
     with the international community to garner support for the 
     Fund.
       The conference agreement does not include a Senate 
     provision making funds available for a specific HIV/AIDS 
     education and outreach program. The House bill did not 
     address this matter. The managers endorse Senate report 
     language regarding Voice for Humanity.
       The managers recommend $53,500,000 in this Act from the 
     Economic Support Fund, Foreign Military Financing, and 
     regional accounts for Eastern Europe and the Baltic States 
     and the former Soviet Union, for HIV/AIDS, TB, and malaria 
     programs. The conference agreement does not include a Senate 
     provision making available from specified regional and 
     programmatic accounts $42,000,000 for HIV/AIDS, TB, and 
     malaria programs. The House bill did not address this matter.
       The managers include not less than $27,000,000 from this 
     account for the Joint United Nations Programme on HIV/AIDS 
     (UNAIDS). The Senate amendment included funding for UNAIDS in 
     the Child Survival and Health Programs Fund, and the House 
     bill did not address this matter.
       The conference agreement does not include a House provision 
     providing $26,000,000 for the International AIDS Vaccine 
     Initiative (IAVI). The managers include funding for IAVI 
     under the heading ``Child Survival and Health Programs 
     Fund'', similar to a Senate provision.


          International Narcotics Control and Law Enforcement

       The conference agreement appropriates $328,820,000 for 
     International Narcotics Control and Law Enforcement (INCLE), 
     the same level as proposed by the House and the Senate.
       The conference agreement provides $40,000,000 for 
     assistance to Mexico and $10,500,000 for ongoing programs in 
     Africa. Additionally, the conference agreement provides 
     $10,000,000 for demand reduction programs, similar to the 
     House bill. The Senate did not address this matter.
       The conference agreement provides $3,000,000 for the 
     purchase of helicopters for Malta, as proposed by the Senate. 
     The House did not address this matter.
       The conference agreement includes a modified Senate 
     provision that makes $4,000,000 available under this heading 
     for the Philippines. The managers recognize the importance of 
     the United States-Philippines relationship and support an 
     increase in funding for the Philippines above the requested 
     level under ``Child Survival and Health Programs Fund'', 
     ``Development Assistance'', ``Anti-Terrorism Assistance'' and 
     ``International Military Education and Training''. The 
     managers expect to be consulted on assistance for the 
     Philippines not later than 60 days after enactment of this 
     Act.
       The conference agreement provides $11,900,000 for the 
     International Law Enforcement Training Academies (ILEA), and 
     the managers expect the academies, with the exception of 
     ILEA/Latin America, to be funded at the budget request. The 
     managers request the State Department to consult with the 
     Committees on plans to establish an academy in the Middle 
     East.
       The conference agreement does not include a provision 
     providing $15,000,000 for anti-trafficking programs as 
     proposed by the Senate. The managers expect that $5,000,000 
     of funds under this heading will be used for this purpose.
       The managers do not include funds for police training in 
     Indonesia under this heading and expect the State Department 
     to consult with the Committees prior to using ESF funds in 
     this or prior year Acts for these purposes. The managers 
     request the State Department to submit a report to the 
     Committees not later than 180 days after enactment of this 
     Act on current and planned police training activities in 
     Indonesia, including funding sources, obligations, and 
     expenditures.
       The conference agreement does not include $1,000,000 for 
     police training in Timor-Leste as proposed by the Senate. 
     However the managers expect that under the heading ``Economic 
     Support Fund'', of the $22,000,000 provided for Timor-Leste, 
     that not less than $1,000,000 will be used for these 
     purposes.
       The conference agreement makes available $30,300,000 for 
     administrative expenses instead of $26,117,000 as proposed by 
     the House and the Senate.
       The conference agreement does not include an amendment, 
     proposed by the Senate, providing $1,500,000 to the 
     International Foundation of Hope (IFH) for alternative crop 
     development programs in Nangarhar Province, Afghanistan. The 
     managers recognize the security threat posed by narcotics 
     production in Afghanistan and recommend the State Department 
     consider funding the IFH program.
       The conference agreement does not include a Senate 
     provision that $5,000,000 be made available to combat the 
     piracy of United States intellectual property. The managers 
     commend the work of the State Department on this issue, 
     expect $3,000,000 to be made available in fiscal year 2005, 
     and urge the State Department to request funds for this 
     purpose next year. The managers support the reporting 
     requirement concerning this program contained in the Senate 
     report.
       The managers endorse House report language on ``Anti-
     Corruption Compacts'' and expect the Department of State to 
     work with the MCC to identify possible threshold country 
     program funding for this purpose.


                     Andean Counterdrug Initiative

       The conference agreement appropriates $731,000,000 for the 
     Andean Counterdrug Initiative as proposed by the House and 
     the Senate. The managers emphasize that there are other funds 
     for Andean nations in this Act.
       The conference agreement provides that not less than 
     $264,600,000 shall be made available for alternative 
     development and institution building activities by USAID, the 
     Department of Justice, and the Department of State of which 
     $237,000,000 shall be directly apportioned to USAID, 
     including $125,700,000 for Colombia.
       The conference agreement provides that not less than 
     $6,000,000 should be made available for judicial reform in 
     Colombia, not less than $6,000,000 shall be made available to 
     USAID for organizations and programs to protect human rights 
     and $2,000,000 should be made available for biodiversity and 
     indigenous reserves protection in Colombia.
       The conference agreement again includes conditions, similar 
     to current law and the same as the Senate bill, on aerial 
     spraying. The House bill did not address this matter.
       The conference agreement includes the House language 
     prohibiting funds for the resumption of flights in support of 
     a Peruvian air interdiction program until a system of 
     enhanced safeguards are in place. The Senate did not address 
     this matter.
       The conference agreement includes Senate language providing 
     that assistance should be made available to the Bolivian 
     military and police only if the Bolivian military and police 
     are respecting human rights and cooperating with 
     investigations and prosecutions of alleged violations of 
     human rights.
       The conference agreement does not include Senate conditions 
     on assistance to support the demobilization of illegal armed 
     groups in Colombia. The managers are aware that the Colombian 
     Government is engaged in demobilization negotiations with 
     such groups, which have been designated foreign terrorist 
     organizations (FTOs) by the State Department. Leaders of 
     these FTOs have been indicted by the Justice Department for 
     drug trafficking and these groups have been implicated in 
     widespread human rights violations. The managers note that 
     according to the Justice Department, United States law 
     forbids the provision of United States assistance to members 
     of terrorist organizations. The managers further note that 
     USAID included $3,250,000 in its fiscal year 2005 budget 
     justification for ``Peace Initiatives'' in Colombia, 
     including demobilization/integration. The conference 
     agreement requires consultation with and notification to the 
     Committees prior to the obligation of fiscal year 2005 funds 
     for such activities. The managers believe that the costs of 
     demobilizing illegal

[[Page H10582]]

     armed groups should be borne by the Colombian Government, not 
     the United States. The managers are concerned that the 
     demobilization process is being undertaken without adequate 
     safeguards to ensure the dismantling of such FTOs, to deter 
     members of such groups from resuming illegal activities, or 
     to prosecute and punish those involved in drug trafficking 
     and human rights violations.
       The managers do not believe the Administration should 
     request funds in fiscal year 2006 for the demobilization/
     reintegration of members of such FTOs unless it is for 
     limited activities that are determined by the Justice 
     Department to be consistent with United States anti-terrorism 
     laws, and the following conditions can be met: (1) The FTO is 
     respecting a ceasefire and the cessation of illegal 
     activities; (2) the Government of Colombia has not adopted 
     any law or policy inconsistent with its obligations under the 
     United States-Colombian treaty on extradition, and has 
     committed to the United States that it will continue to 
     extradite Colombian citizens to the United States, including 
     members of such illegal armed groups, in accordance with that 
     treaty; (3) the Colombian legal framework governing the 
     demobilization of such groups provides for prosecution and 
     punishment, in proportion to the crimes committed, of those 
     responsible for gross violations of human rights, violations 
     of international humanitarian law, and drug trafficking, for 
     reparations to victims, and for the monitoring of demobilized 
     individuals; (4) the Government of Colombia is implementing a 
     policy of effectively dismantling such groups, including the 
     seizure of financial and property assets; and (5) the 
     Government of Colombia is taking actions to enable the return 
     of stolen assets, including real property, to their original 
     owners.
       The managers are also aware that the Administration has 
     used fiscal year 2004 funds to support the Organization of 
     American States (OAS) Mission in Colombia. The managers 
     request that, prior to the provision of additional funds to 
     the OAS for this purpose, the Secretary of State report to 
     the Committees that the OAS Mission is strictly adhering to 
     its verification role, FTOs are concentrated in zones for 
     demobilization, the legal framework governing the 
     demobilization conforms with (3) above, and the Inter-
     American Commission for Human Rights is providing advice to 
     the OAS Mission.
       The conference agreement makes available $16,285,000 from 
     this account for administrative expenses of the Department of 
     State as proposed by the House and the Senate and $7,800,000 
     for administrative expenses of USAID instead of $4,500,000 as 
     proposed by the House and the Senate.
       The conference agreement includes a provision proposed by 
     the Senate that requires that the Administrator of USAID, in 
     consultation with the Assistant Secretary of State for 
     International Narcotics and Law Enforcement Affairs, shall 
     have responsibility for the use of funds under this heading 
     that are directly apportioned to USAID. The conference 
     agreement does not include a provision in section 515 of the 
     general provisions, as proposed by the Senate, requiring that 
     all reprogrammings of funds under this and the previous 
     heading shall be subject to review and approval by the Deputy 
     Secretary of State. The House did not address either matter.
       Funds in this account are allocated in the following table 
     and, as stipulated in section 595, any change to these 
     allocations is subject to the regular reprogramming 
     procedures of the Committees on Appropriations:


                     Andean Counterdrug Initiative

                [Budget Authority, dollars in thousands]

                                                   Conference Agreement
Bolivia:
  Interdiction/Eradication.......................................49,000
  Alternative Development/Institution Building...................42,000
Colombia:
  Interdiction/Eradication......................................313,200
  USAID Alternative Development/Institution Building............125,700
  Rule of Law....................................................27,600
Ecuador:
  Interdiction/Eradication.......................................11,000
  Alternative Development/Institution Building...................15,000
Peru:..................................................................
  Interdiction/Eradication.......................................62,000
  Alternative Development/Institution Building...................54,300
Panama............................................................6,000
Brazil............................................................9,000
Venezuela.........................................................3,000
Guatemala.........................................................1,000
Nicaragua.........................................................1,000
Air Bridge Denial................................................11,200
                                                       ________________
                                                       
    Total, ACI..................................................731,000


                    Migration and Refugee Assistance

       The conference agreement appropriates $770,000,000 for the 
     Migration and Refugee Assistance account (MRA) instead of 
     $756,000,000 as proposed by the House and $775,000,000 as 
     proposed by the Senate.
       The conference agreement makes available $22,000,000 for 
     administrative expenses as proposed by the Senate instead of 
     $21,000,000 as proposed by the House. The managers expect the 
     additional administrative funds to be used for refugee 
     admissions and emergency situations.
       The conference agreement also includes Senate language 
     providing not less than $50,000,000 for refugees from the 
     former Soviet Union and Eastern Europe and other refugees 
     resettling in Israel. The House bill did not address this 
     matter.
       The conference agreement does not include a Senate 
     provision that makes funds available for assistance for 
     international organizations for refugees from North Korea. 
     The House did not address this matter. The managers strongly 
     support the provision of funds for such purposes, and request 
     the State Department to review methods to provide sufficient 
     assistance to safeguard the human rights and dignity of North 
     Korean refugees. The managers request the State Department to 
     report to the Committees not later than 90 days after 
     enactment of this Act on programs and activities regarding 
     North Korean refugees supported during calendar years 2003 
     and 2004.
       The conference agreement does not include Senate language 
     providing that funds under this and the following heading be 
     made available to NGOs located in Thailand for humanitarian 
     assistance inside Burma. The managers expect NGOs working in 
     Thailand on Burmese refugee issues to be funded at amounts 
     above the fiscal year 2004 level from these accounts. The 
     managers endorse Senate report language regarding funding 
     levels for the Burma Border Consortium.
       The managers are deeply concerned with reports of the 
     misuse of facilities managed by the United Nations Relief and 
     Works Agency for Palestine Refugees in the Near East (UNRWA) 
     and UNRWA-owned vehicles for terrorist activities and the 
     recent statement by UNRWA's Commissioner General that the 
     agency employs members of the terrorist organization Hamas. 
     The managers note that continued United States support for 
     UNRWA depends on its compliance with United States law 
     prohibiting assistance to terrorist organizations. The 
     managers direct the State Department to work closely with the 
     United Nations and UNRWA to develop effective standards and 
     practices to ensure that UNRWA resources are not diverted for 
     terrorist purposes, and that the agency is not employing 
     terrorists. The managers direct the Secretary of State to 
     transmit a report on these new standards to the Committees on 
     Appropriations no later than 180 days after the enactment of 
     this Act.
       The managers are aware of potential tensions between 
     Sudanese refugees in Chad and the citizens of Chad. The 
     managers recommend funding for programs to mitigate conflict 
     between refugees and hosting communities and to provide 
     technical assistance to local organizations for assistance to 
     refugees, including refugee registration and protection.


     United States Emergency Migration and Refugee Assistance Fund

       The conference agreement appropriates $30,000,000 for the 
     United States Emergency Migration and Refugee Assistance Fund 
     (ERMA), instead of $20,000,000 as proposed by the House and 
     $50,000,000 as proposed by the Senate.
       The conference agreement includes language from the Senate 
     amendment that provides the funds notwithstanding section 
     2(c)(2) of the Migration and Refugee Assistance Act of 1962.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       The conference agreement appropriates $402,000,000 for 
     Nonproliferation, Anti-terrorism, Demining and Related 
     Programs, instead of $382,000,000 as proposed by the House 
     and $415,200,000 as proposed by the Senate.
       Funds in this account are allocated in the following table 
     and, as stipulated in section 595, any change to these 
     allocations is subject to the regular reprogramming 
     procedures of the Committees on Appropriations:


    Nonproliferation, Anti-Terrorism, Demining and Related Programs

               [Budget Authority in thousands of dollars]

                                                   Conference Agreement
Nonproliferation and Disarmament Fund...........................$32,000
Export Control and Border Security assistance....................38,000
Nonproliferation of WMD Expertise................................50,500
International Atomic Energy Agency-Voluntary Contribution........53,000
CTBT/International Monitoring System.............................19,000
Anti-terrorism Assistance.......................................120,000
Counterterrorism financing........................................7,500
Terrorist Interdiction Program....................................5,000
CT Engagement with Allies...........................................500
Humanitarian Demining............................................59,500
International Trust Fund for Demining............................10,000
Small Arms/Light Weapons Destruction..............................7,000
                                                       ________________
                                                       
    NADR Total..................................................402,000

       The conference agreement does not contain language from the 
     Senate amendment that would have authorized not to exceed 
     $250,000 for the support of public-private partnerships for 
     mine action by grant, cooperative agreement, or contract. 
     Language authorizing these activities for fiscal year 2004 
     and subsequent years was contained in Public Law 108-199. The 
     House bill did not address this matter.

[[Page H10583]]

       The conference agreement contains Senate language that 
     provides that funds available for the CTBT Preparatory 
     Commission that are not necessary to make the United States 
     contribution to the Commission shall be made available to the 
     International Atomic Energy Agency and shall be available 
     until September 30, 2006.
       The conference agreement does not include a Senate 
     provision providing that $10,000,000 be made available to 
     destroy MANPADS. The House bill did not address this matter. 
     The managers support efforts to curtail the proliferation of 
     MANPADS and note that more than $10,000,000 from this and 
     other appropriations Acts is being made available to achieve 
     this objective.
       The conference agreement does not contain Senate language 
     that would have authorized $10,000,000 for mobile combat 
     systems and radiation detection technology to combat 
     international terrorism. While this appropriation account is 
     not the appropriate place to fund such activities, the 
     managers support efforts to develop such systems and note 
     that more than $10,000,000 from other appropriations Acts is 
     being made available to achieve this objective.
       The conference agreement contains Senate language that 
     provides 2-year availability of funds appropriated for anti-
     terrorism assistance and export control and border security.


                         Conflict Response Fund

       The conference agreement does not include Senate language 
     authorizing activities under the Conflict Response Fund, or 
     $20,000,000 for the Fund, as proposed by the Senate. The 
     House bill did not address this matter.

                       Department of the Treasury


               International Affairs Technical Assistance

       The conference agreement appropriates $19,000,000 for the 
     International Affairs Technical Assistance program of the 
     Department of the Treasury as proposed by the House instead 
     of $17,500,000 as proposed by the Senate.


                           Debt Restructuring

       The conference agreement appropriates $100,000,000 for Debt 
     Restructuring, instead of $105,000,000 as proposed by the 
     House and $95,000,000 as proposed by the Senate. The 
     conference agreement provides $20,000,000 for the Tropical 
     Forest Conservation Act Program, and at least $10,000,000 for 
     bilateral debt relief for the Democratic Republic of Congo 
     and the flexibility to provide more from available funds if 
     necessary.
       The conference agreement includes House language limiting 
     the use of the United States contribution to the HIPC Trust 
     Fund and endorses the House report language on this issue. 
     The managers note that the fiscal year 2004 and 2005 funds 
     are subject to the regular notification procedures of the 
     Committees on Appropriations.

                     TITLE III--MILITARY ASSISTANCE

             International Military Education and Training

       The conference agreement provides that funding for Nigeria, 
     Haiti, and the Democratic Republic of Congo shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations. The House bill would have required 
     notification for Nigeria and Guatemala, while the Senate 
     amendment would have required notification for Cambodia, 
     Haiti, the Democratic Republic of Congo, Nigeria, and 
     Guatemala.
       The conference agreement does not include $2,000,000 in 
     International Military Education and Training (IMET) 
     assistance for Greece, as proposed by the Senate. However, 
     the managers request the Secretary of State to consider 
     providing up to $2,000,000 in IMET assistance for Greece. The 
     House bill did not address this matter.
       In order to increase cooperation in the war on 
     international terrorism, the managers support additional 
     funding above the budget request in IMET assistance for 
     Egypt.


                   Foreign Military Financing Program

       The conference agreement appropriates $4,783,500,000 for 
     the Foreign Military Financing Program.
       The managers have included language providing 
     $2,220,000,000 for Israel and $1,300,000,000 for Egypt as 
     proposed in both the House and Senate bills. The conference 
     agreement includes language similar to that proposed in the 
     Senate amendment that provides that $206,000,000 should be 
     made available for assistance for Jordan.
       Funds in this account are allocated in the following table 
     and, as stipulated in section 595 any change to these 
     allocations is subject to the regular reprogramming 
     procedures of the Committees on Appropriations:


                   Foreign Military Financing Program

                [Budget Authority, dollars in thousands]

                                                   Conference Agreement
Africa:
  Botswana.........................................................$500
  Djibouti........................................................4,000
  Eritrea...........................................................500
  Ethiopia........................................................2,000
  Ghana.............................................................500
  Kenya...........................................................7,000
  Liberia.........................................................3,000
  Nigeria...........................................................500
  Senegal...........................................................500
  Uganda..........................................................2,000
  Africa Coastal/Border Security Program 4,000.........................
  Military Health Affairs.........................................2,000
                                                       ________________
                                                       
    Subtotal--Africa.............................................26,500
                                                       ================

East Asia and the Pacific:
  Cambodia........................................................1,000
  East Timor......................................................1,000
  Fiji..............................................................250
  Indonesia.......................................................1,000
  Mongolia........................................................1,000
  Tonga.............................................................250
  Philippines....................................................30,000
  Thailand........................................................1,500
                                                       ________________
                                                       
    Subtotal--East Asia and the Pacific..........................36,000
                                                       ================

Europe and Eurasia:
  Albania.........................................................3,000
  Armenia.........................................................8,000
  Azerbaijan......................................................8,000
  Bosnia..........................................................2,500
  Bulgaria........................................................7,000
  Czech Republic..................................................6,000
  Estonia.........................................................5,000
  Georgia........................................................12,000
  Hungary.........................................................6,000
  Kazakhstan......................................................5,000
  Kyrgyz Republic.................................................2,000
  Latvia..........................................................5,000
  Lithuania.......................................................5,500
  Macedonia.......................................................5,250
  Moldova...........................................................450
  Poland.........................................................66,000
  Romania........................................................11,000
  Slovakia........................................................5,000
  Slovenia........................................................1,500
  Tajikistan........................................................500
  Turkey.........................................................34,000
  Turkmenistan......................................................700
  Ukraine.........................................................3,000
  Uzbekistan.....................................................11,000
                                                       ________________
                                                       
    Subtotal--Europe and Eurasia................................213,400
                                                       ================

Near East:
  Bahrain........................................................19,000
  Egypt.......................................................1,300,000
  Israel......................................................2,220,000
  Jordan........................................................206,000
  Morocco........................................................15,250
  Oman...........................................................20,000
  Tunisia........................................................10,000
  Yemen..........................................................10,000
                                                       ________________
                                                       
    Subtotal--Near East.......................................3,800,250
                                                       ================

South Asia:
  Afghanistan...................................................400,000
  Bangladesh........................................................250
  Nepal...........................................................1,500
  Pakistan......................................................150,000
  (by transfer)...............................................(150,000)
  Sri Lanka.........................................................500
                                                       ________________
                                                       
    Subtotal--South Asia........................................552,250
                                                       ================

Western Hemisphere:
  Argentina.......................................................1,000
  Bahamas...........................................................100
  Belize............................................................200
  Bolivia.........................................................2,000
  Chile.............................................................500
  Colombia......................................................100,000
  Dominican Republic..............................................1,000
  Ecuador.........................................................1,000
  El Salvador.....................................................1,500
  Guyana............................................................100
  Haiti.............................................................300
  Honduras........................................................1,000
  Jamaica...........................................................600
  Nicaragua.........................................................500
  Panama..........................................................1,000
  Peru............................................................1,000
  Suriname..........................................................100
  Uruguay...........................................................400
  Eastern Caribbean...............................................1,000
                                                       ________________
                                                       
    Subtotal--Western Hemisphere................................113,300
                                                       ================

Global:
  Enhanced Peacekeeping Capabilities..............................1,800
  FMF Administrative Costs.......................................40,000
                                                       ________________
                                                       
    Subtotal--Global.............................................41,800
                                                       ================

    Total.....................................................4,783,500

       The conference agreement provides that not less than 
     $580,000,000 shall be made available for procurement in 
     Israel of defense articles and services, as proposed by the 
     House. The Senate proposed similar language.
       The conference agreement does not include language proposed 
     by the Senate that would have allowed for the transfer of up 
     to $5,000,000 to ``Nonproliferation, Anti-Terrorism, Demining 
     and Related Programs''. The House bill did not address this 
     matter.
       The conference agreement includes $400,000,000 in military 
     assistance for Afghanistan.
       The conference agreement stipulates that not less than 
     $206,000,000 should be provided from this account for 
     assistance to Jordan, similar to a Senate provision. The 
     House bill did not address this matter.
       The managers have not included Senate provisions specifying 
     funding levels for Tunisia, Armenia, Liberia, and Georgia. 
     Information on funding levels as a basis for notification for 
     these and other countries and programs is found in the table 
     included in the Statement of Managers.
       The conference agreement includes a provision, similar to 
     Senate language, which conditions up to $2,000,000 in 
     assistance for Uganda on progress by the Government of Uganda 
     in human rights, the protection of civilians, and the 
     professionalization of Ugandan armed forces. The House bill 
     did not address this matter.

[[Page H10584]]

       The conference agreement includes a House provision that 
     permits up to $150,000,000 from prior year Foreign Military 
     Financing Program and Economic Support Fund accounts to be 
     transferred to the FMF account in this Act for assistance to 
     Pakistan. The Senate included similar language, but did not 
     designate Pakistan as the recipient of the transferred funds.
       The conference agreement includes Senate language 
     prohibiting funding from this account for Sudan and 
     Guatemala. The House bill also included Indonesia in the 
     funding prohibition.
       The conference agreement includes Senate language that 
     requires a notification for assistance for Haiti. The House 
     bill did not address this matter.
       The conference agreement does not include a House provision 
     prohibiting funding from this account for activities related 
     to the clearance of unexploded ordnance from United States 
     Armed Forces testing or training centers, except on San Jose 
     Island, Republic of Panama. The Senate amendment did not 
     address this matter.


                        Peacekeeping Operations

       The conference agreement does not include a Senate 
     provision authorizing the transfer of funding from the 
     Department of Defense to the Department of State for military 
     or security assistance to enhance the capability of foreign 
     countries to participate in international peacekeeping or 
     peace enforcement operations. The House bill did not address 
     this matter.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  International Financial Institutions


                      Global Environment Facility

       The conference agreement appropriates $107,500,000 for the 
     Global Environment Facility as proposed by the House instead 
     of $120,678,000 as proposed by the Senate.


       Contribution to the International Development Association

       The conference agreement appropriates $850,000,000 for the 
     International Development Association, the concessional 
     lending facility of the World Bank, as proposed by the House 
     instead of $820,000,000 as proposed by the Senate.
       The managers note that the World Bank promised $313,000,000 
     in grant assistance and $3,000,000,000 in loans to the people 
     of Iraq. Of this commitment, only one training program 
     totaling $3,600,000 has been completed, which represents less 
     than .01 percent of total funds pledged. The managers request 
     the Secretary of Treasury to submit a report not later than 
     January 1, 2005 on World Bank loan disbursement and the 
     deployment of World Bank international staff to Iraq.


Contribution to the Enterprise for the Americas Multilateral Investment 
                                  Fund

       The conference agreement appropriates $11,000,000 for past 
     due payments by the United States to the Multilateral 
     Investment Fund instead of $25,000,000 as proposed by the 
     House and $15,000,000 as proposed by the Senate.


               Contribution to the Asian Development Fund

       The conference agreement appropriates $100,000,000 for the 
     United States contribution to the Asian Development Fund, 
     instead of $112,212,465 as proposed by the House and 
     $59,691,000 as proposed by the Senate.


              Contribution to the African Development Bank

       The conference agreement appropriates $4,100,000 for the 
     African Development Bank instead of $5,100,000 as proposed by 
     the House and $1,100,000 as proposed by the Senate.


              Contribution to the African Development Fund

       The conference agreement appropriates $106,000,000 for the 
     African Development Fund instead of $118,000,000 as proposed 
     by the House and $67,000,000 as proposed by the Senate.


                International Organizations and Programs

       The conference agreement appropriates $328,394,000 for 
     voluntary contributions to International Organizations and 
     Programs instead of $323,450,000 as proposed by the House and 
     $328,925,000 as proposed by the Senate.
       The managers continue to support the work of the World Food 
     Program and have provided $6,000,000 for a voluntary 
     contribution under section 534 of this Act as included in the 
     House bill and the Senate amendment.
       The managers expect that of funds under this heading 
     subject to section 307(a) of the Foreign Assistance Act of 
     1961, an additional $350,000 will be made available for 
     United Nations Center for Human Settlements for a total of 
     $500,000 in fiscal year 2005. As with all funds subject to 
     section 307(a), these funds are subject to notification.
       Funds in this account are allocated in the following table 
     and, as stipulated in section 595, any change to these 
     allocations is subject to the regular reprogramming 
     procedures of the Committees on Appropriations:


                International Organizations and Programs

                       [In thousands of dollars]

UN Fund for Tech. Cooperation in Human Rights....................$1,500
UN Voluntary Fund for Victims of Torture..........................7,000
OAS Fund for Strengthening Democracy..............................3,000
UNDP............................................................109,000
UNIFEM............................................................2,000
UNIFEM Trust Fund.................................................1,000
UNICEF..........................................................125,000
OAS Development Assistance........................................4,900
WTO...............................................................1,000
ICAO Aviation Programs............................................1,000
UNEP.............................................................11,000
IMO Maritime Security...............................................100
Montreal Protocol................................................21,500
International Conservation Programs (CITES/ITTO/IUCN/Ramsar/CCD)..6,400
IPCC/UNFCCC.......................................................6,000
International Contributions for Scientific Educational & Cultural 
  Activities........................................................844
World Meteorological Organization.................................2,000
UN Center for Human Settlements.....................................150
Reserve to be allocated..........................................25,000
                                                       ________________
                                                       
    Total.......................................................328,394

                      TITLE V--GENERAL PROVISIONS

       (Note.--If House and Senate language is identical except 
     for a different section number or minor technical 
     differences, the section is not discussed in the Statement of 
     Managers.)
     Sec. 505. Limitation on Representational Allowances
       The conference agreement includes limitations similar to 
     the House bill of $4,000 for Foreign Military Financing for 
     entertainment expenses and $130,000 for representation 
     allowances; $55,000 for International Military Education and 
     Training for entertainment; $4,000 for representation and 
     entertainment expenses for the Trade and Development Agency; 
     and $115,000 for the Millennium Challenge Corporation (MCC). 
     The House bill included $130,000 for the MCC, and the Senate 
     amendment included $2,000 and $125,000 for Foreign Military 
     Financing for entertainment and representation allowances, 
     respectively; $50,000 for International Military Education 
     and Training; $2,000 for the Trade and Development Agency; 
     and $100,000 for the MCC.
     Sec. 515. Notification Requirements
       The conference agreement does not include a Senate 
     provision requiring that the International Narcotics Control 
     and Law Enforcement and Andean Counterdrug Initiative 
     accounts be subject to the same reprogramming oversight 
     procedures as the Economic Support Fund account. The House 
     bill did not address this provision.
     Sec. 517. Independent States of the Former Soviet Union
       Similar to the Senate amendment, the conference agreement 
     does not include House subsection (a) restricting assistance 
     to the governments of certain countries unless they are 
     making progress in implementing economic reforms, and if 
     these governments used United States assistance to facilitate 
     the expropriation or seizure of assets.
     Sec. 520. Special Notification Requirements
       The conference agreement adds ``Pakistan'' and ``Cambodia'' 
     to the list of countries proposed by the House to be subject 
     to the special notification procedures of this section, 
     similar to language proposed by the Senate. Compared to 
     current law, the conference agreement deletes the Democratic 
     Republic of the Congo.
     Sec. 522. Child Survival and Health Activities
       The conference agreement makes available not less than 
     $441,000,000 for family planning and reproductive health 
     activities from funds appropriated under title II of this 
     Act, rather than $450,000,000 as proposed by the Senate 
     amendment. The House addressed this matter in the House 
     report and included a level of $432,000,000.
     Sec. 523. Afghanistan
       The conference agreement provides that not less than 
     $980,000,000 of the funds appropriated by titles II and III 
     should be made available for humanitarian, reconstruction, 
     and related assistance for Afghanistan. The House bill 
     included $977,000,000 for such activities. The Senate 
     amendment provided not less than $504,450,000 for 
     humanitarian and reconstruction assistance from this Act.
       The conference agreement does not include Senate language 
     that would have directed that not less than $225,000,000 be 
     made available for Afghanistan from the Economic Support 
     Fund. The House bill did not address this matter.
       The conference agreement contains language, similar to a 
     Senate provision, providing that not less than $2,000,000 
     should be made available for the Independent Human Rights 
     Commission and other human rights groups. The House bill did 
     not address this matter.
       The conference agreement contains language, similar to that 
     contained in the Senate amendment, which provides that funds 
     for the Afghan National Army should be provided dependent on 
     the vetting of members for involvement in a variety of 
     illicit activities. The House bill did not address this 
     matter.
       The conference agreement includes Senate language that 
     provides that not less than $2,000,000 should be provided for 
     reforestation activities in Afghanistan, and these funds 
     would be matched, to the maximum extent possible. The House 
     bill did not address this matter.
       The conference agreement contains language, similar to that 
     in both the House bill

[[Page H10585]]

     and the Senate amendment, that provides that $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 improve the capacity of women-led Afghan nongovernmental 
     organizations.
       The conference agreement does not include a Senate 
     provision that not less than $2,000,000 should be made 
     available for assistance for Afghan communities and families 
     that have suffered losses as a result of the military 
     operations. However, the managers support this program and 
     expect not less than $2,000,000 to be made available for 
     medical, rehabilitation, reconstruction, and other 
     appropriate assistance to Afghan communities and families to 
     mitigate such losses. The House bill did not address this 
     matter.
     Sec. 525. HIV/AIDS
       The conference agreement includes a general provision, 
     ``HIV/AIDS'', combining elements of section 525 of the House 
     bill and section 5025 of the Senate amendment. The new 
     general provision conditions 25 percent of the appropriation 
     to the Global Fund to Fight AIDS, Tuberculosis and Malaria, 
     subject to a waiver, on managerial and process changes at the 
     Fund to improve its efficiency and transparency. The managers 
     have also included language authorizing a ``Working Capital 
     Fund'' to strengthen the ability of the Office of the Global 
     AIDS Coordinator, USAID, and other agencies of the United 
     States Government to negotiate the lowest possible prices for 
     safe, effective pharmaceuticals and commodities.
     Sec. 526. Democracy Programs
       The conference agreement provides $19,000,000 under the 
     Economic Support Fund for activities to support democracy, 
     human rights and the rule of law in the People's Republic of 
     China and Hong Kong, instead of $35,000,000 as proposed by 
     the Senate, of which $15,000,000 is provided to the State 
     Department's Human Rights and Democracy Fund (HRDF) and 
     $4,000,000 to the National Endowment for Democracy (NED). 
     Subject to a matching requirement, funds are made available 
     for the conduct of such programs in Taiwan.
       The conference agreement provides $15,000,000 under the ESF 
     account, instead of $25,000,000 as proposed by the Senate, 
     for programs to foster democracy, human rights, and other 
     programs in countries with significant Muslim populations and 
     where such programs would be important to respond to, deter, 
     or prevent acts of international terrorism. Of this amount, 
     $11,000,000 is provided to the HRDF and $4,000,000 to the 
     NED. The agreement provides $3,000,000 for programs that 
     provide professional training for journalists, including 
     organizations such as Internews, and $3,000,000 for 
     activities to advance democracy and human rights in Iran. The 
     managers support the use of funds for a conference to bring 
     together Iranian dissidents and advocates of freedom and 
     justice in Iran to explore opportunities for furthering 
     democracy in that country. Authority is provided to conduct 
     such programs for Syria.
       The conference agreement provides $4,500,000 to support NED 
     programs in sub-Saharan Africa, $500,000 less than the level 
     proposed by the Senate.
       The conference agreement does not include a provision 
     proposed by the Senate that provides $10,000,000 to American 
     educational institutions for programs in China relating to 
     environment, democracy and the rule of law. This matter is 
     addressed in section 534.
       Assistance provided under this section is subject to 
     regular notification procedures.
       The managers request the State Department, in consultation 
     with USAID, to submit a report to the Committees not later 
     than 90 days after enactment of this Act on: the standard 
     definition of ``democracy and governance programs'' funded by 
     the United States Government; a summary, including budgetary 
     totals, of USAID's democracy and governance programs 
     categorized by grants, cooperative agreements and contracts 
     in fiscal years 2003 and 2004; and, additional information on 
     how the proposed United Nations Democracy Fund could 
     complement ongoing, United States-funded democracy building 
     activities.
       The conference agreement addresses Tibet in section 581, in 
     a separate general provision as proposed by the Senate. The 
     House bill addressed Tibet under this section.
     Sec. 531. Burma
       The conference agreement includes in this section a 
     requirement, as proposed by the Senate, to instruct the 
     United States Executive Directors to the international 
     financial institutions to oppose loans and assistance for 
     Burma. The House did not address this matter.
       Additionally, the conference agreement includes a 
     provision, similar to the Senate amendment, providing 
     $8,000,000 under the heading ``Economic Support Fund'' for 
     democracy and other activities in Burma and along the Burma-
     Thailand border.
       The conference agreement includes a provision similar to 
     the Senate amendment providing in addition to funds from 
     ``Migration and Refugee Assistance'' not less than $4,000,000 
     to USAID for humanitarian assistance for displaced Burmese 
     and host communities in Thailand. The House did not address 
     this matter.
       The conference agreement does not include a Senate proposed 
     requirement that none of the funds appropriated by this Act 
     may be made available to the central government of any 
     country that is a major provider of weapons to the State 
     Peace and Development Council (SPDC). The House did not 
     address this matter.
       The managers express their concern for the safety and 
     welfare of Burmese democracy leaders Aung San Suu Kyi, U Tin 
     Oo, and other members of the National League for Democracy. 
     The managers call for the immediate, unconditional and safe 
     release of Suu Kyi, as well as all other political prisoners 
     in Burma.
       The conference agreement also includes language, similar to 
     section 5097 of the Senate amendment, that provides that 
     contributions from the Global Fund to Fight AIDS, 
     Tuberculosis and Malaria to the SPDC and its affiliate 
     organizations will be withheld according to the provisions of 
     section 202 of Public Law 108-25. The House did not address 
     this matter.
     Sec. 534. Special Authorities
       In subsection (a), the conference agreement includes House 
     language providing certain authority for assistance for 
     Afghanistan, Pakistan, and Montenegro, assistance to victims 
     of war, and displaced Burmese. The conference agreement adds 
     Lebanon to that list of countries, as in the Senate 
     amendment, but does not include Senate language regarding 
     Iraq and programs to address sexual and gender-based 
     violence. The managers have included such language in section 
     564, ``Community-Based Police Assistance''.
       In subsection (f), the conference agreement increases the 
     funding ceiling of $25,000,000 in section 451(a) of the 
     Foreign Assistance Act of 1961 to $45,000,000, instead of 
     $50,000,000 as in the Senate amendment.
       The conference agreement does not include subsection (j) of 
     the Senate amendment defining ``areas outside of the control 
     of the Government of Sudan''. The managers have included 
     similar language in section 569, ``Sudan''.
       The managers have included subsection (k) of the Senate 
     amendment, addressing the adjudication of applications from 
     parolees from Indochina.
       The conference agreement includes language, similar to 
     subsection (m) as proposed by the Senate, providing 
     $2,000,000 for an endowment to document genocide and crimes 
     against humanity in Cambodia, and $3,750,000 for an endowment 
     to sustain rehabilitation programs for persons suffering from 
     physical disabilities in that country. The conference 
     agreement eliminates language contained in the Senate 
     amendment authorizing funds from future appropriations Acts 
     to be used in these endowments. The managers intend that 
     prior year funds may also be used to support these 
     endowments, and the managers understand that with respect to 
     the endowment to document genocide, an additional $2,000,000 
     may be made available from fiscal year 2003 funding for a 
     combined total of $4,000,000. The managers request that USAID 
     provide signed copies of the endowment agreements to the 
     Committees on Appropriations and request that the agreements 
     include a disposition of funds upon future liquidation of the 
     endowments. The House bill did not address this matter.
       The conference agreement does not include subsection (n) of 
     the Senate amendment making foreign extinction lists 
     applicable to United States fish and wildlife regulations and 
     law. The House bill did not address this matter.
       The conference agreement includes subsection (o) of the 
     Senate amendment extending the availability of loan 
     guarantees to Israel from September 30, 2005, to September 
     30, 2007. The House bill did not address this matter.
       The conference agreement includes section (c) of section 
     5109 of the Senate amendment, ``United Nations Resolutions on 
     Israel'', requiring the Secretary of State to report how 
     governments vote at the United Nations on resolutions 
     regarding Israel that are opposed by the United States. The 
     House bill did not address this matter.
       Subsection (p) of the Senate amendment regarding affordable 
     housing and the MCC is discussed under the heading 
     ``Millennium Challenge Corporation''.
       The managers provide authority for USAID, notwithstanding 
     any other provision of law and subject to the regular 
     notification procedures of the Committees, to provide 
     Development Assistance funds 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.
     Sec. 543. Withholding of Assistance for Parking Fines and 
         Real Property Taxes Owed By Foreign Governments
       The conference agreement includes language similar to that 
     proposed by the Senate, which requires withholding of United 
     States assistance to central governments of countries with 
     adjudicated unpaid real property taxes and parking fines in 
     the United States. The House bill did not address the issue 
     of property taxes.
     Sec. 547. War Crimes Tribunals Drawdown
       The conference agreement includes House language 
     authorizing up to $30,000,000 in drawdowns of commodities or 
     services for the United Nations War Crimes Tribunal for the 
     former Yugoslavia or other future tribunals. The Senate 
     amendment included $32,000,000 for such purposes.
     Sec. 549. Haiti
       The conference agreement appropriates funding for Haiti at 
     a level not less than

[[Page H10586]]

     $85,000,000 from Child Survival and Health Programs Fund, 
     Development Assistance, and Economic Support Funds, which is 
     $60,512,000 above the budget request. The managers endorse 
     the budget request for Haiti under Peace Corps and Foreign 
     Military Financing and note additional assistance for Haiti 
     is contained in the Global HIV/AIDS Initiative and the 
     Military Construction Appropriations and Emergency Hurricane 
     Supplemental Appropriations Act, 2005.
       The managers recognize that improving the health of the 
     Haitian people will necessitate investments in prevention 
     activities, such as health outreach and behavioral change, in 
     order to stem the spread of illness and disease. The managers 
     note the pioneering work of Zanmi Lasante and direct that 
     $2,000,000 should be provided from this account to strengthen 
     and expand that organization's maternal child health 
     activities in Haiti's Central Plateau region. This amount is 
     in addition to other amounts that are provided by USAID to 
     Zanmi Lasante for HIV/AIDS activities under this account, and 
     other headings in the Act.
       The conference agreement does not provide $2,000,000 for 
     the Hillside Agriculture Production program. The managers 
     understand that USAID is considering funding this activity at 
     nearly $1,000,000 in FY 2005, and support follow on 
     activities which broaden the program to include both 
     agriculture and environment.
       The conference agreement does not provide funding under the 
     INCLE account for police training activities. The managers 
     recommend ESF funding for these purposes. The managers 
     support judicial reform programs to strengthen rule of law in 
     Haiti.
       The managers strongly support the holding of credible, 
     inclusive elections in Haiti in 2005, and direct that 
     sufficient funds be made available for election-related 
     activities through the Organization of American States. The 
     managers request the State Department to consult with the 
     appropriate committees on plans to support these elections.
       The conference agreement does not include a Senate 
     provision requiring a plan for reforestation in Haiti. 
     However, concerns with deforestation in Haiti were reinforced 
     by the May 2004 mudslides that caused widespread death and 
     destruction. The managers request the Administrator of USAID 
     to consult with the Secretaries of State, Agriculture, and 
     Energy, with Haitian officials, nongovernmental organizations 
     and communities, and with appropriate international donor 
     agencies, to devise a reforestation strategy for areas that 
     are vulnerable to erosion. The managers request the 
     Administrator of USAID submit a report not later than 180 
     days after enactment of this Act containing such a strategy 
     including funding requirements.
       The managers also request that the Secretary of State 
     submit a report within 90 days after enactment of this Act 
     containing a multi-year assistance strategy for Haiti, with a 
     focus on security, employment, elections, health, education, 
     and the rule of law.
       The managers were disappointed by the Haitian Government's 
     mishandling of the trial of Louis Jodel Chamblain and note 
     with growing concern the deteriorating security and human 
     rights situation in Haiti.
       The managers support the work of the Cooperative 
     Association of States for Scholarships program and recommend 
     additional funding to expand its activities in Haiti.
     Sec. 554. Cambodia
       The conference agreement includes a provision, similar to a 
     Senate amendment, regarding assistance for Cambodia. The 
     managers remain concerned with the slow pace of political, 
     legal and economic reforms in that country, and the absence 
     of transparency and accountability on behalf of the Royal 
     Government of Cambodia (RGC).
       The managers commend a recent USAID-funded assessment of 
     corruption in Cambodia, and are troubled by the lack of 
     political will demonstrated by the RGC and the Cambodian 
     People's Party in tackling the issues of lawlessness and 
     impunity in that country. The conference agreement provides 
     that $4,000,000 may be made available for activities to 
     support democracy in that country, and the managers have 
     included an exception for rule of law programs.
       The conference agreement provides $1,000,000 in FMF 
     assistance for Cambodia, and conditions IMET assistance on 
     the provision of a list to the Committees, compiled by the 
     Secretary of State, of those individuals who have been 
     credibly alleged to have ordered or carried out the attack 
     against the Khmer Nation Party in 1997. This list may be 
     provided in classified form, if necessary. The managers 
     expect FMF assistance to strengthen border control and 
     counterterrorism efforts in Cambodia, and request that the 
     Committees be consulted prior to initiating any FMF related 
     activities. The managers recommend that the Secretary of 
     State consult with relevant United States Government agencies 
     and international nongovernmental organizations in compiling 
     the IMET-required list.
       The conference agreement provides that assistance may be 
     made available for a Khmer Rouge genocide tribunal if the 
     Secretary of State makes a number of determinations regarding 
     the credibility and independence of Cambodia's judicial 
     system and the proposed tribunal.
     Sec. 555. Palestinian Statehood
       The conference agreement includes language similar to that 
     proposed by the House providing Presidential waiver authority 
     in circumstances ``vital'' to national security. The Senate 
     amendment would have provided such waiver authority in 
     circumstances ``important'' to national security.
     Sec. 556. Colombia
       The conference agreement includes a provision similar to 
     current law that conditions the provision of assistance to 
     the Colombian Armed forces, but includes a Senate proposed 
     change in subsection (2)(E) requiring a certification that 
     the Colombian Government is dismantling paramilitary 
     leadership and financial networks. The House bill and current 
     law required the Colombian Armed Forces to meet this 
     condition.
       The conference agreement does not include a Senate 
     provision requiring prior consultation with the Office of the 
     United Nations High Commissioner for Human Rights in 
     Colombia, with the International Committee of the Red Cross, 
     and with the appropriate congressional committees. The 
     managers expect the Secretary of State, prior to making the 
     certifications required by this section, to consider the 
     opinion of the Office of the United Nations High Commissioner 
     for Human Rights in Colombia regarding the conditions in 
     section 556(2)(A) through (E) of this Act and to consult with 
     the Committees on Appropriations.
     Sec. 559. West Bank and Gaza Program
       The conference agreement does not include a Senate 
     provision creating a new subsection ``Certification''. The 
     agreement does include a new Senate subsection 
     ``Prohibition'' that prohibits funds under this program from 
     recognizing or honoring individuals who commit acts of 
     terrorism. The House did not address either of these matters.
     Sec. 560. Contribution to the United Nations Population Fund
       The conference agreement provides $34,000,000 for the UN 
     Population Fund (UNFPA) for fiscal year 2005, as recommended 
     by the Senate. Of this amount, $25,000,000 is to be made 
     available from funds appropriated under ``International 
     Organizations and Programs'' (designated in the table as 
     ``Reserve to be allocated'') and the balance of $9,000,000 is 
     to be made available from funds appropriated under ``Child 
     Survival and Health Programs Fund''.
       The conference agreement includes language that mandates 
     the reprogramming of $12,500,000 in fiscal year 2004 funds, 
     originally appropriated under ``International Organizations 
     and Programs'' in P.L. 108-199 for UNFPA, for anti-
     trafficking programs and $12,500,000 in fiscal year 2004 
     funds, originally appropriated under ``International 
     Organizations and Programs'' in P.L. 108-199 for UNFPA, for 
     family planning, maternal, and reproductive health 
     activities.
       The conference agreement also includes language similar to 
     a Senate provision which requires that funds appropriated 
     under ``International Organizations and Programs'' in this 
     Act that are available for UNFPA (designated in the table as 
     ``Reserve to be allocated''), 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. If transferred to ``Child 
     Survival and Health Programs Fund'', these funds would be 
     administered by USAID subject to the Committees' regular 
     notification procedures. The purpose of this provision is to 
     eliminate any ambiguity regarding the managers' intent that 
     funds appropriated for UNFPA that are not provided to UNFPA 
     as a result of the operation of any provision of law are to 
     be made available to USAID for family planning, maternal, and 
     reproductive health activities.
     Sec. 563. Funding for Serbia
       The conference agreement includes Senate language that 
     conditions assistance for the central government of Serbia, 
     after May 31, 2005, on certain specified conditions. The 
     House bill contained current law on this matter.
     Sec. 564. Community-Based Police Assistance
       The managers have included a general provision similar to 
     Senate proposed language expanding the authorities in current 
     law to allow USAID to participate in programs that improve 
     community policing. The House bill limited the authority to 
     Jamaica and El Salvador, the same as current law. The 
     expanded authorities in this section are limited to improving 
     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. The section includes a consultation 
     requirement that the managers expect to be invoked at the 
     preliminary planning stages of such programs. The section 
     further provides that the notification of the Committees on 
     Appropriations is required before any obligation of funds 
     using the authority of this section. The House bill included 
     a provision similar to current law.
     Sec. 565. Special Debt Relief for the Poorest
       The conference agreement includes language similar to the 
     Senate amendment providing the President authority to reduce 
     debt owed to the United States as a result of obligations to 
     pay for purchases of United States agricultural commodities 
     under export credit guarantee programs. The House bill did 
     not include this authority.

[[Page H10587]]

     Sec. 567. Basic Education
       The conference agreement includes language proposed by the 
     House that provides not less than $400,000,000 for basic 
     education from title II of this Act shall be available. The 
     Senate amendment would have provided that not less than 
     $335,000,000 from title II of this Act should be for such 
     purposes.
     Sec. 568. Reconciliation Programs
       The conference agreement provides $12,000,000 from the 
     Economic Support Funds account for such programs similar to 
     the House bill. The Senate amendment provided $15,000,000 for 
     such purposes.
     Sec. 569. Sudan
       The conference agreement includes a new provision, similar 
     to section 531 of the House bill, that provides not less than 
     $311,000,000 from this Act for Sudan. As in the House bill, 
     no funds from this Act may be available for assistance for 
     the Government of Sudan or to alleviate the sovereign debt of 
     that government unless specific steps are taken to improve 
     security and humanitarian assistance in Darfur. In addition 
     to the notification procedures required for Sudan in section 
     520, this general provision limits the amount of 
     ``International Disaster and Famine Assistance'' and 
     ``Transition Initiatives'' funds that may be spent without 
     notification outside of Darfur to $45,000,000. The section 
     also provides the Administration the authority to continue 
     current projects and programs in Sudan.
       This section also includes modified language from sections 
     5103 and 5105 of the Senate amendment providing $75,000,000 
     in emergency appropriations for ``Peacekeeping Operations'' 
     to support peace and humanitarian intervention operations for 
     Sudan, and an additional $18,000,000 for ``International 
     Disaster and Famine Assistance'' for humanitarian assistance 
     and related activities for Sudan. The managers intend that 
     the additional Peacekeeping Operations funding will be used 
     to support the African Union operation in Darfur.
       Language is included designating the entire amount as an 
     emergency. The Secretary of State is instructed to consult 
     with the Committees on Appropriations regarding the proposed 
     uses of these funds within 30 days of enactment of this Act.
       For purposes of Section 402(a)(2) of S. Con. Res. 95 (108th 
     Congress), as made applicable to the House of Representatives 
     by H. Res. 649 (108th Congress), funds made available 
     pursuant to this section are provided in response to a 
     situation which poses a direct threat to life and property, 
     is sudden, is an urgent and compelling need, is 
     unpredictable, and is not permanent in nature.
     Sec. 570. Trade Capacity Building
       The managers recommend that not less than $507,000,000 
     should be made available for trade capacity building 
     assistance from several accounts in title II of this Act. The 
     House bill recommended $517,000,000 for this purpose and the 
     Senate did not address this matter.
       In this section, the conference agreement provides 
     $20,000,000 for capacity building activities under ``Economic 
     Support Fund'' related to the free trade agreement between 
     the United States and the countries of Central America and 
     the Dominican Republic. The managers expect that such 
     activities should include labor cooperation, capacity 
     building priorities on fundamental labor rights and the 
     elimination of child labor, and improvements in labor 
     administration. Additionally, the managers note that these 
     activities should also include programs relating to the 
     environment, specifically technical assistance on the 
     development and enforcement of environmental laws and 
     regulations, environmental management systems, partnerships 
     to enhance environmental efforts, and market-related and 
     economically sustainable conservation programs. Prior to the 
     obligation of funds for these purposes, the managers request 
     that the Department of State consult with the Committees on 
     Appropriations.
     Sec. 572. Indonesia
       The conference agreement includes language similar to that 
     of the Senate amendment regarding assistance for Indonesia 
     under the accounts ``International Military Education and 
     Training'' (IMET) and ``Foreign Military Financing Program'' 
     (FMF).
       The managers note the recent election of Indonesia 
     President Susilo Bambang Yudhoyono and look forward to a 
     cooperative relationship on a broad range of issues including 
     anti-terrorism and military reform. The managers note the 
     opportunity for improved and enhanced military-to-military 
     relations.
       However, the managers remain concerned with the slow pace 
     of military reforms in that country, and that members of the 
     Indonesian Armed Forces continue to avoid justice in cases 
     involving gross violations of human rights, including those 
     committed in East Timor. The managers condition FMF 
     assistance and licenses for the export of lethal defense 
     articles on a certification by the Secretary of State.
       The conference agreement again conditions IMET assistance 
     on the Indonesian Armed Forces cooperation with the FBI's 
     investigation into the August 31, 2002 murders of two 
     American citizens and one Indonesian citizen. Expanded IMET 
     assistance is not subject to this condition. The managers 
     strongly encourage the Indonesian Government to redouble 
     efforts to resolve this case in a credible and professional 
     manner.
       The House bill included language similar to that of the 
     Senate on the provision of IMET assistance. The House bill 
     did not address the issue of FMF assistance for Indonesia in 
     this section, but prohibited assistance in the bill language 
     under that account.
     Sec. 573. Limitation on Contracts
       The conference agreement includes language, similar to that 
     in the House bill, which prohibits funds from this Act from 
     being used to fund any contract contravening section 8(d)(6) 
     of the Small Business Act, which requires certain reporting 
     and certification requirements from government 
     subcontractors. The Senate did not address this matter.
     Sec. 574. Limitation on Economic Support Fund Assistance for 
         Certain Foreign Governments that are Parties to the 
         International Criminal Court
       The conference agreement includes language in subsection 
     (a) prohibiting the use of funds appropriated under the 
     Economic Support Fund for assistance to any government of a 
     country that is a party to the International Criminal Court 
     (ICC) and has not entered into an agreement with the United 
     States pursuant to Article 98 of the Rome Statute preventing 
     the ICC from proceeding against United States personnel 
     present in such country.
       In subsection (b), the President is given the authority, 
     without prior notice to Congress, to waive the prohibition of 
     subsection (a) with respect to a North Atlantic Treaty 
     Organization (NATO) member country, a major non-NATO ally (as 
     specified in this subsection), 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.
       In subsection (c), the President is given the authority, 
     without prior notice to Congress, to waive the prohibition in 
     subsection (a) for 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.
       In subsection (d) language is included that exempts 
     assistance under the Millennium Challenge Act from the 
     prohibition of this section, notwithstanding section 
     606(a)(2)(B) of such Act.
       The House bill included the same language as contained in 
     subsection (a). The Senate amendment did not address this 
     matter.
     Sec. 575. Prohibition against Direct Funding for Saudi Arabia
       The conference agreement includes language that prohibits 
     assistance to Saudi Arabia, but allows for assistance to be 
     provided if the President 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. The 
     House bill did not contain a waiver provision. The Senate 
     amendment did not address this matter.
     Sec. 576. Environment Programs
       The conference agreement provides that $165,000,000 in 
     development assistance shall be made available for 
     biodiversity programs, of which $8,000,000 should be made 
     available to implement a new regional strategy for 
     biodiversity conservation in countries comprising the Amazon 
     basin of South America, which is additional to the amounts 
     requested for biodiversity activities in the Amazon basin in 
     fiscal year 2005. The Senate proposed $15,000,000. The 
     managers note that $7,000,000 in unobligated fiscal year 2004 
     funds are also available for this purpose. The managers 
     request to be consulted prior to the obligation of funds.
       The conference agreement does not include a Senate 
     provision that not less than $17,500,000 should be made 
     available for the Congo Basin Forest Partnership, of which 
     not less than $2,500,000 should be made available for the 
     Great Apes Conservation Fund administered by the United 
     States Fish and Wildlife Service for use in Central Africa. 
     However, the managers support these conservation programs and 
     expect these amounts to be made available for these purposes.
       The conference agreement includes language similar to a 
     Senate provision making $180,000,000 available for clean 
     energy and other climate change policies and programs in 
     developing countries. Of this amount, $100,000,000 should be 
     made available to promote and deploy energy conservation, 
     energy efficiency, and renewable and clean energy 
     technologies. The managers are concerned that funding for 
     these energy activities, and for USAID's Office of Energy and 
     Information Technology, has decreased in recent years, and 
     have therefore provided $15,000,000 above the amount 
     allocated by USAID in fiscal year 2004 for these purposes. 
     The managers request USAID to submit a report not later than 
     90 days after enactment of this Act, describing activities 
     funded and funding amounts for each type of energy program. 
     The managers request that the Caribbean be considered by 
     USAID for support for solar, hydro and other renewable energy 
     technologies, in addition to the regions listed in the Senate 
     report.
       The conference agreement includes in this section the same 
     language as Senate section 5101 that requires the Secretary 
     of Treasury to inform the international financial 
     institutions (IFIs) that it is United States policy not to 
     provide assistance for natural resource extraction and export 
     until a number

[[Page H10588]]

     of transparency guidelines are met with respect to revenues 
     and expenditures. Additionally the section requires a report 
     describing assistance by the IFIs for natural resource 
     extraction and export. The House did not address this matter.
     Sec. 577. Uzbekistan
       The conference agreement contains language proposed by the 
     Senate that provides that assistance to the Government of 
     Uzbekistan may be made available only if the Secretary of 
     State determines and reports that the Government is making 
     substantial progress in meeting its bilateral commitments in 
     the Declaration of Strategic Partnership with the United 
     States. The House bill did not address this matter.
     Sec. 578. Central Asia
       The conference agreement contains language proposed by the 
     Senate that provides that assistance to the Government of 
     Kazakhstan may be made available upon a determination and 
     report by the Secretary of State that Kazakhstan has made 
     significant improvements in the protection of human rights 
     during the preceding six months. The Senate provision 
     includes a national security waiver. It also requires the 
     Secretary of State to submit periodic reports on the 
     provision of defense articles, services, and financial 
     assistance to the countries of Central Asia. The House bill 
     did not address this matter.
     Sec. 579. Disability Programs
       The managers strongly support the rights of people with 
     disabilities and direct funding be made available to support 
     policies and programs on behalf of people with disabilities 
     in developing countries. The managers note that USAID has 
     already designated a Disability Coordinator, and expect the 
     USAID Disability Coordinator and the State Department to work 
     together to devise a plan for their respective roles in 
     administering these funds, in consultation with the 
     Committees on Appropriations.
       The managers have provided authority to use a portion of 
     the funds for an international conference on the needs of 
     people with disabilities, including disability rights, 
     advocacy and access. USAID and the Department of State are to 
     consult with the Committees on Appropriations regarding any 
     plan to sponsor such a conference.
     Sec. 580. Zimbabwe
       The conference agreement includes language the same as 
     current law and similar to section 5073 of the Senate 
     amendment that requires the Secretary of the Treasury to take 
     certain punitive measures against the Government of Zimbabwe. 
     The House bill did not address this matter.
     Sec. 581. Tibet
       The conference agreement contains language similar to that 
     contained in the House bill in section 526, and in the Senate 
     amendment in section 5074, that provides that of the funds 
     appropriated to the Economic Support Fund, not less than 
     $4,000,000 should be made available to nongovernmental 
     organizations which preserve cultural traditions and promote 
     sustainable development and environmental conservation in 
     Tibetan communities. In addition, the conference agreement 
     provides that $250,000 should be made available for human 
     rights and democracy programs through the National Endowment 
     for Democracy.
     Sec. 582. Nigeria
       The conference agreement includes Senate language requiring 
     a report (which should be provided within 90 days of 
     enactment) on the involvement of the Nigerian Armed Forces in 
     an incident in Benue State, the steps being taken to 
     prosecute those involved, and whether such units have 
     received United States assistance. The House bill did not 
     address this matter.
     Sec. 583. Discrimination against Minority Religious Faiths in 
         the Russian Federation
       The conference agreement includes Senate language 
     prohibiting any funds from this Act for the Government of the 
     Russian Federation after 180 days from enactment of this Act, 
     unless the President determines and certifies that the 
     Government of the Russian Federation has implemented no 
     government action discriminating against religious groups or 
     communities. The House bill did not address this matter.
     Sec. 584. Central America
       The conference agreement includes a new general provision 
     providing funds for countries of Central America. Subsection 
     (a) provides that 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. 
     The managers note that the total funding levels for these 
     countries are as follows: $35,755,000 for El Salvador, 
     $22,499,000 for Guatemala, $35,144,000 for Honduras, and 
     $35,011,000 for Nicaragua. The House bill did not address 
     this matter, and the Senate amendment addressed only 
     Nicaragua and Guatemala.
       Subsection (b) includes a provision similar to the Senate 
     amendment conditioning $3,227,000 of funds provided in prior 
     years Acts for the Guatemala Military Assistance Program. The 
     House did not address this matter.
       Subsection (c) includes a provision identical to Senate 
     section 5088 that amends section 527 of the Foreign Relations 
     Authorization Act for fiscal years 1994 and 1995 to exempt 
     the government of Nicaragua from sanctions as a result of 
     expropriation of property claims after a certain date set by 
     the Secretary of State.
       The managers note that the Procuraduria de la Republica in 
     Nicaragua and the Fiscalia de Anti-corrupcion in Guatemala 
     have played leading roles in the fight against corruption in 
     Central America. Both have assembled impressive track records 
     of investigations, arrests and convictions involving the 
     misuse of government funds that are unprecedented in each 
     country. The managers endorse Senate report language 
     recommending $250,000 for the Procuraduria and $250,000 for 
     the Fiscalia in fiscal year 2005.
     Sec. 585. War Crimes in Africa
       The conference agreement includes a Senate provision 
     conditioning funding to the central government of any country 
     where specific war criminals are living on a determination by 
     the Secretary of State that such government is making efforts 
     to cooperate with specified criminal tribunals and special 
     courts. Funding for ``Peacekeeping Operations'' and projected 
     economic assistance are exempt from this restriction.
     Sec. 586. Admission of Refugees
       The conference agreement provides language similar to 
     section 5081 of the Senate amendment that advises the 
     Secretary of State to use private voluntary organizations 
     with relevant expertise in the processing, identification, 
     and referral of refugees and advises the Secretary of State 
     to develop a system for accepting referrals from local 
     private, voluntary organizations, and outlines categories of 
     special consideration for admission. The provision does not 
     include a report required in the Senate language. The House 
     bill did not address this matter.
     Sec. 587. Code of Conduct
       The conference agreement continues previous year language 
     that prohibits refugee and humanitarian assistance funding 
     under the heading ``Migration and Refugee Assistance'' and 
     ``Office of Transition Initiatives'' to an organization that 
     has not adopted 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. Additionally the provision advises the Secretary 
     of State and the Administrator of USAID to incorporate 
     policies and programs to identify the needs of, and threats 
     to, women and children at the various stages of a complex 
     humanitarian emergency. The provision is similar to the 
     Senate amendment. The House bill did not address this matter.
     Sec. 588. United States Agency for International Development 
         Hiring Authority
       The conference agreement provides authority for USAID to 
     use up to $37,500,000 to hire 175 Foreign Service Limited 
     employees. The Senate provided $25,000,000 for an USAID pilot 
     management initiative and $12,500,000 in hiring authority. 
     For many years, USAID has used multiple personnel 
     authorities, such as Personal Services Contracts (PSCs), 
     Participating Agency Service Agreements (PASAs), Resources 
     Support Service Agreements (RSSAs) and other mechanisms to 
     obtain the services of individuals necessary to carry out 
     USAID's programs.
       Many of these individuals have unique skills that USAID 
     will require only for a limited duration, although in most 
     other respects these individuals are indistinguishable from 
     USAID employees. USAID estimates it has over 800 of these 
     individuals now working in Washington and in overseas 
     missions. The salary and support costs of these individuals 
     are currently included in appropriations for program 
     accounts.
       Prior to using the authority, USAID must meet several 
     conditions, including: a comprehensive work force analysis 
     and a one for one reduction in the number of PSCs, PASAs, 
     RSSAs and other staff. The managers expect this authority to 
     help rationalize USAID's personnel practices and make more 
     transparent the costs of program implementation. It will lead 
     to budget savings as USAID is now required to pay other 
     agencies and entities overhead costs of as much as 30 and 40 
     percent when it uses outside staff.
       The conference agreement includes language under this 
     section similar to section 5083 of the Senate amendment, 
     which allows USAID to use program funds to cover the costs of 
     staff working to mitigate the effects of natural disasters. 
     The managers note that this authority should be used 
     sparingly and only when necessary to enable USAID to cope 
     with the consequences of natural disasters, such as those on 
     the scale of Hurricane Mitch in Central America in 1999.
     Sec. 589. Overseas Private Investment Corporation and Export-
         Import Bank Restrictions
       The conference agreement includes a provision identical to 
     the Senate amendment and current law that prohibits the use 
     of funds by OPIC and the Export-Import Bank to finance 
     investments in connection with a project involving diamonds 
     in a country that is not implementing the requirements 
     developed by the Kimberley Process, or is not undertaking 
     other measures that the Secretary of State determines to 
     contribute to the elimination of the trade in conflict 
     diamonds.
     Sec. 590. Security in Asia
       The conference agreement does not include Senate language 
     that would have specified

[[Page H10589]]

     military assistance for a number of countries in Asia. 
     Funding for these countries is addressed in the Statement of 
     the Managers in the table under the heading ``Foreign 
     Military Financing Program''. The House bill did not address 
     these matters.
       The conference agreement provides FMF assistance to a 
     number of Asian countries not included in the 2005 budget 
     request, including Cambodia, Indonesia, Fiji, Tonga, and 
     Bangladesh, and additional assistance above the request for 
     Mongolia, Thailand and Nepal. The managers endorse Senate 
     report language regarding terrorism in Southeast Asia.
       The conference agreement provides FMF assistance for the 
     Indonesian navy in order to enhance maritime security, 
     subject to a report by the Secretary of State that the navy 
     is not violating human rights and is cooperating with 
     civilian judicial authorities on cases involving human rights 
     violations. The provision of such assistance is subject to 
     notification.
       The conference agreement also provides that FMF assistance 
     for Cambodia may be made available notwithstanding section 
     554 of this Act, subject to notification.
       The managers deplore and condemn atrocities committed by 
     Maoist insurgents in Nepal, and commend the Government of 
     Nepal for recognizing the need for a political solution to 
     this conflict. The conference agreement conditions FMF 
     assistance on a number of determinations by the Secretary of 
     State regarding the Government of Nepal's efforts to 
     promote and protect human rights, and includes a national 
     security waiver.
     Sec. 591. HIPC Debt Reduction and Trust Fund
       The conference agreement includes a section identical to 
     Senate section 5093 that authorizes not more than 
     $150,000,000 for contributions to the HIPC Trust Fund. The 
     House did not address this matter.
     Sec. 592. Compliance with the Algiers Agreement
       The conference agreement includes language similar to a 
     Senate provision restricting United States assistance, with 
     certain exceptions and a waiver provision, to the central 
     governments of Ethiopia or Eritrea unless the Secretary of 
     State certifies that such governments are taking steps to 
     comply with the Algiers Agreements. The House did not address 
     this matter.
     Sec. 593. Administrative Provisions Related to Multilateral 
         Development Banks
       The conference agreement includes language similar to 
     Senate section 5099 related to a number of environmental 
     provisions for the multilateral development banks. The House 
     did not address this matter.
     Sec. 594. Vietnamese Refugees
       The conference agreement includes language similar to 
     section 5100 of the Senate amendment which makes certain 
     potential Vietnamese refugees eligible to be considered 
     refugees ``of special humanitarian concern'' and to be 
     resettled in the United States.
     Sec. 595. Joint Explanatory Statement
       The conference agreement includes a new general provision 
     requiring that funds in the following accounts be allocated 
     as indicated in the respective tables in the statement of the 
     managers accompanying this Act: Economic Support Fund, 
     Assistance to Eastern Europe and the Baltic States, 
     Assistance for the Independent States of the Former Soviet 
     Union, Nonproliferation, Anti-terrorism, Demining and Related 
     Programs, Andean Counterdrug Initiative, Foreign Military 
     Financing Program, and International Organizations and 
     Programs. Any change to these allocations is subject to the 
     regular reprogramming procedures of the Committees on 
     Appropriations.

                Provisions Not Adopted by the Conferees:

       The conference agreement does not include section 5025 of 
     the Senate bill, ``HIV/AIDS Working Capital Fund''. The 
     contents of the section are included in section 525 of the 
     conference agreement ``HIV/AIDS''. The House did not address 
     this matter.
       The conference agreement does not include section 569 of 
     the House bill or section 5095 of the Senate amendment, 
     ``Debt Restructuring Authority'' authorizing funds from the 
     Iraq Relief and Reconstruction Fund to be used for the costs 
     of debt relief for Iraq or Senate language amending the 
     sectoral allocations for the Iraq Relief and Reconstruction 
     Fund as specified in the fiscal year 2004 Emergency 
     Supplemental for Iraq and Afghanistan. The provisions of this 
     section were enacted in Public Law 108-309, the continuing 
     resolution for fiscal year 2005. Senate language in this 
     section providing the Overseas Private Investment Corporation 
     authorization to work in Iraq during fiscal year 2005 is 
     included under title I of this Act.
       The conference agreement does not include section 572 of 
     the House bill or section 5091 of Senate amendment, each 
     regarding Cuba.
       The conference agreement does not include section 573 of 
     the House bill, ``Office of the Inspector General of the 
     CPA''. A similar provision was enacted in Public Law 108-375, 
     the Defense Authorization Act, 2005. The Senate amendment did 
     not address this matter.
       The conference agreement does not include section 574 of 
     the House bill, ``Oversight of Iraqi Reconstruction''. The 
     provisions of this section were enacted in Public Law 108-
     309, the continuing resolution for fiscal year 2005. The 
     Senate amendment did not address this matter.
       The conference agreement does not include section 576 of 
     the House bill, ``Limitation on Attendance at Conferences 
     Outside the United States''. The Senate amendment did not 
     address this matter.
       The conference agreement does not include section 5076 of 
     the Senate amendment, ``University Programs''. The House bill 
     did not address this matter.
       The conference agreement does not include section 578 of 
     the House bill, ``Prohibition on Use of Funds for Certain 
     Purposes''. The Senate amendment did not address this matter.
       The conference agreement does not include section 579 of 
     the House bill, ``Prohibition on Use of Funds to Request the 
     United Nations to Assess the Validity of Elections in the 
     United States''. The Senate amendment did not address this 
     matter.
       The conference agreement does not include section 580 of 
     the House bill, ``Limitation on Provision by the Export-
     Import Bank of Credit to Entities Reincorporating Overseas''. 
     The Senate amendment did not address this matter.
       The conference agreement does not include section 5083 of 
     the Senate amendment regarding ``Disaster Surge Capacity''. 
     This matter is addressed in section 588, ``USAID Hiring 
     Authority''. The House bill did not address this matter.
       The conference agreement does not include Senate section 
     5084 requiring a report by the Secretary of State setting 
     forth procedures and guidelines for (1) implementing the 
     President's Proclamation dated January 12, 2004, which 
     established a policy of denying entry into the United States 
     to corrupt current and former public officials and certain 
     members of their families; and (2) for making public the 
     names of those individuals who have been denied entry as a 
     result of such Proclamation. However, the managers request 
     the Secretary of State to submit this report to the 
     Committees on Appropriations not later than 60 days after 
     enactment of this Act.
       The conference agreement does not include section 5085 of 
     the Senate amendment regarding ``Assistance for Victims of 
     Torture''. This matter was addressed in the House report.
       The conference agreement does not include section 5086 of 
     the Senate amendment regarding ``United States Agency for 
     International Development Pilot Management Initiative''. This 
     matter is addressed in section 588 ``USAID Hiring 
     Authority''. The House bill did not address this matter.
       The conference agreement does not include section 5088 of 
     the Senate amendment regarding ``Certain Claims for 
     Expropriation by the Government of Nicaragua'' but the 
     contents of the section are included in section 584 ``Central 
     America''. The House bill did not address this matter.
       The conference agreement does not include section 5093 of 
     the Senate amendment regarding ``Assistance to Millennium 
     Challenge Candidate Countries''. This matter is addressed 
     under the heading ``Millennium Challenge Corporation'' where 
     the House bill addresses this matter.
       The conference agreement does not include section 5094 of 
     the Senate amendment regarding the ``Chernobyl Nuclear Power 
     Plant''. The House did not address this matter. The managers 
     expect the Government of the Russian Federation to pledge and 
     contribute funds for the construction of a new shelter over 
     the Chernobyl nuclear power plant, and will continue to 
     closely follow developments in this matter.
       The conference agreement does not include section 5097 of 
     the Senate amendment regarding ``North Korea and Burma''. The 
     provisions regarding Burma are addressed in section 531, 
     ``Burma'', of the conference agreement. The House bill did 
     not address this matter.
       The conference agreement does not include section 5098 of 
     the Senate amendment regarding ``Thailand''. The House bill 
     did not address this matter. The managers urge the Government 
     of Thailand to promote reconciliation and peace in Burma and 
     to respect the human rights and dignity of Burmese refugees 
     and displaced persons residing in Thailand. The managers also 
     request the Government of Thailand to address the situation 
     in southern Thailand in a manner consistent with Thai laws 
     and international obligations, including those ensuring the 
     protection of human rights. The conference agreement provides 
     $1,000,000 in ESF for programs to promote democracy and press 
     freedoms. The managers request the State Department to 
     consult with the Committees on the use of these funds.
       The conference agreement does not include section 5102 of 
     the Senate amendment regarding ``Assistance for Foreign 
     Nongovernmental Organizations''. The House bill did not 
     address this matter.
       The conference agreement does not include section 5104 of 
     the Senate amendment regarding ``Additional Funds for the 
     Global Fund to Fight AIDS, Tuberculosis and Malaria''. The 
     conference agreement appropriates funding for a contribution 
     to the Global Fund under the heading ``Child Survival and 
     Health Programs Fund'', as in the House bill.
       The conference agreement does not include section 5105 of 
     the Senate amendment regarding ``Support for African Union 
     Mission in Darfur, Sudan''. The conference agreement 
     addresses this issue in section 569, ``Sudan''. The House 
     bill did not address this issue.
       The conference agreement does not include section 5106 of 
     the Senate amendment regarding ``Improving Security in 
     Haiti''. The

[[Page H10590]]

     conference agreement addresses Haiti in section 549, as in 
     the House bill.
       The conference agreement does not include section 5107 of 
     the Senate amendment regarding ``Report on Global Poverty and 
     National Security''. The House did not address this matter. 
     The managers direct the Secretary of State, in consultation 
     with other relevant agencies, to fulfill the reporting 
     requirements of this provision not later than 180 days after 
     enactment of this Act.
       The conference agreement does not include section 5108 of 
     the Senate amendment regarding ``Report on Education Reform 
     in Pakistan''. The House did not address this matter. The 
     managers direct the Secretary of State to fulfill the 
     reporting requirements of this provision not later than 90 
     days after enactment of this Act.
       The conference agreement does not include section 5109 of 
     the Senate amendment regarding ``United Nations Resolutions 
     on Israel''. The conference agreement includes language under 
     section 534 requiring the Secretary of State to report how 
     governments vote at the United Nations on resolutions related 
     to Israel that are opposed by the United States. The House 
     bill did not address this matter.
       The conference agreement does not include section 5110 of 
     the Senate amendment regarding ``Sense of the Senate on 
     Violations of Religious Freedom in Saudi Arabia''. The House 
     bill did not address this matter.
       The conference agreement does not include section 5111 of 
     the Senate amendment regarding ``Support for the Political 
     Independence of Lebanon''. The House bill did not address 
     this matter.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2004 amount, the 2005 
     budget estimates, and the House and Senate bills for 2005 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2004.......$38,717,018
Budget estimates of new (obligational) authority, fiscal year21,360,830
House bill, fiscal year 2005.................................19,428,145
Senate bill, fiscal year 2005................................19,653,500
Conference agreement, fiscal year 2005.......................19,839,960
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2004.....-18,877,058
  Budget estimates of new (obligational) authority, fiscal ye-1,520,870
  House bill, fiscal year 2005.................................+411,815
  Senate bill, fiscal year 2005................................+186,460

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

       The conference agreement on the Department of the Interior 
     and Related Agencies Appropriations Act incorporates some of 
     the provisions of both the House passed and the Senate 
     reported versions of the bill. Report language and 
     allocations set forth in either House Report 108-542 or 
     Senate Report 108-341 that are not changed by the conference 
     are approved by the committee of conference. The statement of 
     the managers, while repeating some report language for 
     emphasis, does not negate the language referenced above 
     unless expressly provided herein.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       The conference agreement provides $848,939,000 for 
     management of lands and resources instead of $840,401,000 as 
     proposed by the House and $855,689,000 as proposed by the 
     Senate.
       Land Resources.--Changes to the House level for land 
     resources include increases of $500,000 for the National 
     Center for Invasive and Plant Management and $500,000 for 
     Idaho weed control, and a reduction of $3,947,000 to reflect 
     a transfer to the wild horse and burro program.
       Wildlife and Fisheries.--The change to the House level for 
     wildlife and fisheries is a reduction of $603,000 to reflect 
     a transfer to the wild horse and burro program. The managers 
     agree to the House-proposed funding level for the National 
     Fish and Wildlife Foundation and direct the Foundation to use 
     the funding increase above fiscal year 2004 for projects that 
     support sagebrush ecosystem conservation on public and 
     private lands.
       Threatened and Endangered Species.--The change to the House 
     level for threatened and endangered species is a reduction of 
     $576,000 to reflect a transfer to the wild horse and burro 
     program.
       Recreation Management.--Changes to the House level for 
     recreation management include an increase of $1,000,000 for 
     the Undaunted Stewardship Program and decreases of $1,000,000 
     for nationwide recreation management, and $1,039,000 to 
     reflect a transfer to the wild horse and burro program. The 
     managers urge the Bureau to comply with the provisions of the 
     Steens Act and allow landowner, lessee and inholder access to 
     their property within the boundary of the Steens Mountain 
     Cooperative Management and Protection Area. Unless funding is 
     provided for land acquisitions or exchanges, landowners 
     should be afforded full access to their property.
       Energy and Minerals.--Changes to the House level for energy 
     and minerals include an increase of $1,000,000 for oil and 
     gas management and $250,000 for coal management.
       Alaska Minerals.--The change to the House level for Alaska 
     minerals is an increase of $1,768,000.
       Realty Ownership and Management.--Changes to the House 
     level for realty and ownership management include increases 
     of $9,500,000 for Alaska conveyance, $300,000 for GIS mapping 
     in Utah, $750,000 for the Alaska public lands database, and 
     $1,000,000 for recordable disclaimer applications in Alaska, 
     and a decrease of $144,000 to reflect a transfer to the wild 
     horse and burro program.
       Resource Protection and Maintenance.--Changes to the House 
     level for resource protection and maintenance include an 
     increase of $1,500,000 for monitoring, and decreases of 
     $600,000 for nationwide law enforcement and $1,309,000 to 
     reflect a transfer to the wild horse and burro program.
       Transportation and Facilities Maintenance.--Changes to the 
     House level for transportation and facilities maintenance are 
     an increase of $1,500,000 for capping oil wells in the 
     National Petroleum Reserve Alaska, and a decrease of 
     $2,145,000 to reflect a transfer to the wild horse and burro 
     program. The managers agree to the House level on deferred 
     maintenance, which shifts the funding for the infrastructure 
     improvement program into the deferred maintenance program. 
     These two funding sources address identical project types and 
     this shift will consolidate and streamline maintenance budget 
     activities in the Bureau.
       Land and Resource Information Systems.--The change to the 
     House level for land and resource information systems is a 
     decrease of $493,000 to reflect a transfer to the wild horse 
     and burro program.
       Workforce and Organizational Support.--Changes to the House 
     level for workforce and organizational support include 
     increases of $583,000 for e-government initiatives, $208,000 
     for Quickhire, and $570,000 for competitive sourcing, and 
     decreases of $291,000 for Safecom and $244,000 to reflect the 
     transfer to the wild horse and burro program.
       Challenge Cost Share.--The managers agree to the House 
     level for the challenge cost share program.
       Bill Language.--The conference agreement does not include 
     language carried in previous years concerning the management 
     of wild horses and burros.


                        wildland fire management

       The conference agreement provides $743,099,000 for wildland 
     fire management as proposed by both the House and the Senate.
       Hazardous Fuels.--The change to the House level for 
     hazardous fuels is a decrease of $5,000,000.
       State and Local Fire Assistance.--The change to the House 
     level for State and local fire assistance is an increase of 
     $5,000,000.
       The managers note that the conference agreement provides an 
     additional $100,000,000 in Title IV of this bill for urgent 
     wildfire suppression activities.
       The managers remain concerned about the need to control 
     suppression costs. The managers are concerned that effective 
     performance measures are not in place on an inter-agency 
     basis to report on suppression costs. It is imperative that 
     the Secretaries establish appropriate performance metrics 
     promptly. This includes the integration of reporting systems, 
     implementation of polices through the Wildland Fire 
     Leadership Council for cost reporting, and responding to 
     findings of the independent cost control review panel 
     established under Public Law 108-287. The managers direct the 
     Secretaries to submit a report no later than June 30, 2005, 
     on performance measures planned for implementation in fiscal 
     year 2006 to be used on an inter-agency basis.
       The managers direct the Bureau to continue the native plant 
     materials development effort at the fiscal year 2004 level.


                    central hazardous materials fund

       The conference agreement provides $9,855,000 for the 
     central hazardous materials fund as proposed by the House and 
     the Senate. The managers do not agree with the budget 
     proposal to transfer unobligated funds to the EPA. The 
     managers reiterate that the Bureau?s liability does not 
     extend beyond past payments.


                              construction

       The conference agreement provides $11,500,000 for 
     construction instead of $15,000,000 as proposed by the House 
     and $8,976,000 as proposed by the Senate.
       Changes to the House level for construction include 
     increases of $1,500,000 for construction of the California 
     Trail Interpretive Center in Nevada, which completes the 
     Department of the Interior?s contribution to this project, 
     $750,000 for the Sand Hollow Recreation MOU with the State of 
     Utah, and $750,000 for the White Sandy Beach on Houser Lake 
     in Montana, and a decrease of $6,500,000 for general 
     construction projects.
       The managers are concerned about the relatively low level 
     of construction funding provided to the Bureau compared to 
     other land management agencies and urge the Administration to 
     place more emphasis on providing adequate funding for large 
     deferred maintenance construction projects on public lands.


                            land acquisition

       The conference agreement provides $11,350,000 for land 
     acquisition instead of

[[Page H10591]]

     $4,500,000 as proposed by the House and $22,850,000 as 
     proposed by the Senate.
       The managers agree to the following distribution of funds:

        Area (State)                                             Amount
Blackfoot River Watershed (MT)...............................$5,000,000
Boise Front ACEC (ID).........................................1,000,000
California Wilderness (CA)......................................750,000
Chain-of-Lakes RMA/Lewis and Clark NHT (MT)...................3,500,000
Colorado Canyons NCA (CO).....................................1,500,000
Grande Ronde National Wild and Scenic River (OR/WA).............500,000
Snake River Breaks ERMA (Swede's Landing) (OR)..................150,000
Henrys Lake ACEC (ID)...........................................750,000
Rio Grande Natl. Wild & Scenic River (NM).....................2,700,000
Sandy River/Oregon NHT (OR)...................................1,000,000
^10,000,000............................................................
    Subtotal..................................................6,850,000
Acquisition Management........................................3,000,000
Emergency/Inholdings..........................................1,500,000
Land Exchange Equalization Payment....................................0
                                                       ________________
                                                       
    Total....................................................11,350,000

       The managers expect the Bureau to ensure that acquisitions 
     associated with the Blackfoot Challenge are consistent with 
     Federal appraisal standards. The Bureau should not pay more 
     than the fair market value determined by those appraisals.


                   oregon and california grant lands

       The conference agreement provides $109,057,000 for Oregon 
     and California grant lands instead of $111,557,000 as 
     proposed by the House and $113,558,000 as proposed by the 
     Senate. The change to the House level is a decrease of 
     $2,500,000 for judgment fund repayment.


                           range improvements

       The conference agreement provides an indefinite 
     appropriation for range improvements of not less than 
     $10,000,000 as proposed by both the House and the Senate.


               service charges, deposits, and forfeitures

       The conference agreement provides an indefinite 
     appropriation for service charges, deposits, and forfeitures, 
     which is estimated to be $24,490,000 by both the House and 
     the Senate.


                       miscellaneous trust funds

       The conference agreement provides an indefinite 
     appropriation of $12,405,000 for miscellaneous trust funds as 
     proposed by both the House and the Senate.

                United States Fish and Wildlife Service


                          resource management

       The conference agreement provides $977,205,000 for resource 
     management instead of $970,494,000 as proposed by the House 
     and $966,265,000 as proposed by the Senate. The changes 
     described below are to the House recommended funding level.
       Ecological Services.--Changes to ecological services 
     programs, including Endangered Species Act programs and 
     habitat conservation programs, are detailed below.
       In Endangered Species Act candidate conservation, there are 
     increases of $150,000 for Kootenai River burbot and $10,000 
     for slickspot peppergrass, and a decrease of $750,000 for 
     Alaska sea otter, which is addressed under the recovery 
     program.
       In the Endangered Species Act listing program, there is a 
     decrease of $726,000; however, the number that appears in 
     bill language is higher to reflect the recent changes to the 
     Service?s cost allocation methodology as explained below.
       In Endangered Species Act consultation, there is a decrease 
     of $750,000 for the natural communities conservation planning 
     program in California.
       In Endangered Species Act recovery, there are increases of 
     $2,000,000 for Atlantic salmon grants administered by the 
     National Fish and Wildlife Foundation, $500,000 for Lahonton 
     cutthroat trout, $350,000 for White Sulphur Springs NFH, WV, 
     freshwater mussel recovery, $1,800,000 for eider and sea 
     otter recovery at the Alaska SeaLife Center, and $250,000 for 
     concho water snake delisting efforts in Texas. Decreases 
     include $500,000 in base program funding and $300,000 in wolf 
     monitoring. The Service should use the distribution of wolf 
     monitoring funds proposed by the Senate.
       In habitat conservation, changes to the House passed level 
     for partners for fish and wildlife projects are as follows:

                         [Dollars in thousands]

        Project                                                  Change
Invasive species/competitive projects (non-specific)...............^500
Federal trust species restoration program........................^4,000
Walla Walla Basin HCP, WA..........................................^750
Walla Walla Basin fish passage, WA.................................^250
Restoration in Tunkhannock, Bentley & Bowman's Creek watersheds, PA.^50
West branch of the Susquehanna River fish passage, PA..............^500
Georgia stream bank restoration....................................^500
Wildlife enterprises program at MS State University..............+1,000
Thunder Basin initiative, WY.......................................+250
NH Audubon Society study w/FWS on declining wildlife populations on 
  Lake Umbagog NWR.................................................+425
NH Lakes Association/analysis of degradation of surface waters......+55
Invasive species control in Hawaii.................................+700
Endangered species management & conservation in Hawaii.............+750
Vermont Natural Heritage Partners bald eagle restoration...........+100
Nevada biodiversity research and conservation....................+1,250
Montana Water Center wild fish habitat initiative..................+500
Lake Sakakawea invasive species control, ND........................+100
GIS mapping of AK NWRs...........................................+1,000
Conservation/restoration work at Don Edwards NWR, CA...............+540

       In project planning, increases include $550,000 for the 
     Middle Rio Grande (Bosque) research program and $400,000 for 
     Montana wildlife conservation plan development. There is also 
     a decrease of $300,000 for the metropolitan greenspaces 
     program.
       In coastal programs, there is a general program decrease of 
     $1,500,000, which still provides an increase above the fiscal 
     year 2004 level.
       Refuge Operations and Maintenance.--In refuge operations, 
     there is an increase of $2,500,000 to provide for the 
     Service?s share of the costs associated with the Midway Atoll 
     NWR common infrastructure and airport (the balance of 
     infrastructure and airport operating funds should be borne by 
     the Federal Aviation Administration and other benefiting 
     parties), and decreases of $1,000,000 for competitive 
     projects on invasive species control (non-specific) and 
     $1,000,000 for invasive species control at Loxahatchee NWR, 
     FL. In refuge maintenance, there is an increase of $500,000.
       Law Enforcement Operations.--In law enforcement operations, 
     increases include $450,000 for the Memphis, TN port of entry 
     and $315,000 for space costs at the Atlanta, Louisville and 
     Memphis ports of entry. There are also decreases of $450,000, 
     which negates the general increase proposed by the House, and 
     $450,000 for vehicle replacement.
       Fisheries.--In fish and wildlife management, increases 
     include $800,000 for whirling disease research by the 
     National Partnership on the Management of Wild and Native 
     Coldwater Fisheries, for a total of $1,000,000 for the 
     partnership, $350,000 for the Whirling Disease Foundation, 
     $400,000 for the Wildlife Health Center in Montana, and 
     $400,000 for Yukon River Treaty implementation. These 
     increases are partially offset by a decrease of $1,000,000 
     for non-partner specific whirling disease research. In marine 
     mammals, there is an increase of $1,300,000 and the Service 
     should use the distribution of marine mammal funding proposed 
     by the Senate. Finally, there is an increase of $885,000 to 
     address partially operational shortfalls in the fisheries 
     program. These funds should be reprogrammed to the 
     appropriate line items in the budget and should remain in the 
     base budget for fiscal year 2006 and beyond.
       General Administration.--In general administration, there 
     is a decrease of $130,000 for the National Fish and Wildlife 
     Foundation; increases of $750,000 for training activities at 
     the National Conservation Training Center and $387,000 for 
     NCTC maintenance; and an increase of $400,000 for the Caddo 
     Lake Ramsar Center in Texas.
       Bill Language.--The conference agreement includes statutory 
     language earmarking $1,000,000 for Natural Community 
     Conservation Planning in California. Language also is 
     included earmarking $16,175,000 for the endangered species 
     listing program instead of $16,226,000 as proposed by the 
     House and $15,500,000 as proposed by the Senate. This earmark 
     reflects the Senate proposed level adjusted upward for 
     $675,000 in space rental costs associated with the recent 
     changes to the Service?s cost allocation methodology.
       The managers agree to the following:
       1. The Service should realign its fiscal year 2005 budget 
     to agree with the recent changes to the Service's cost 
     allocation methodology.
       2. Fiscal year 2005 represents the final year of a 
     statutory earmark for Natural Communities Conservation 
     Planning in California. This program is eligible to compete 
     with other programs for funding in future years and for 
     additional funding in fiscal year 2005.
       3. The Service should move as quickly as possible to delist 
     the concho water snake. The managers addressed this issue 5 
     years ago and are dismayed that the Service has yet to 
     resolve it.
       4. Additional funds required for invasive species control 
     programs at Loxahatchee NWR, FL, should be addressed in the 
     fiscal year 2006 budget request.
       5. The Peregrine Fund activities should be funded at 
     $400,000 in fiscal year 2005.
       6. The Department should carefully review the budget 
     requirements for the fisheries program in its fiscal year 
     2006 request. The managers are concerned that the fiscal year 
     2005 request did not accurately reflect program shortfalls 
     and consequences associated

[[Page H10592]]

     with fixed cost absorption and proposed program reductions.
       7. The Service should reprogram $4,000,000 in the fisheries 
     program from the deferred maintenance account to the annual 
     maintenance account. This reprogramming is necessary to 
     address operational shortfalls.
       8. The managers have provided funds in the law enforcement 
     program to provide full staffing at the ports of entry at the 
     Atlanta, Louisville, and Memphis airports. The managers note 
     that, because of the large volume of cargo flowing through 
     these airports, particularly at Louisville and Memphis, these 
     ports of entry are staffed at significantly higher levels 
     than most other ports around the country. The managers have 
     also provided $315,000 specifically for unanticipated space 
     rental costs at these three ports of entry. The funds for 
     additional space needs should be allocated to these three 
     ports of entry, and the House and Senate Committees on 
     Appropriations should be notified as to the distribution of 
     funds. The additional space funds, along with the annual 
     operating funds, should be retained in the base budget for 
     these three ports of entry for fiscal year 2006 and beyond.
       9. The funds provided for the Caddo Lake Ramsar Center in 
     Texas are for conservation and education programs directly 
     related to Caddo Lake and may not be used for infrastructure, 
     construction-related projects, legal or management fees, or 
     any other purposes.
       10. Funding for E-Training and E-Rulemaking activities are 
     retained. Funds budgeted for Safecom and Disaster Management 
     should be reprogrammed to cover equitably fixed cost 
     increases not funded in the budget request.
       11. The managers are concerned by the recent discoveries of 
     the northern snakehead in the Potomac River and its potential 
     impact on native fish populations through predation, food and 
     habitat competition, and the introduction of diseases and 
     parasites. The Service should submit a report to the House 
     and Senate Committees on Appropriations, no later than 180 
     days after enactment of this Act, on the steps it is taking 
     to identify, contain, and eradicate this species.


                              CONSTRUCTION

       The conference agreement provides $53,400,000 for 
     construction instead of $48,400,000 as proposed by the House 
     and $37,136,000 as proposed by the Senate.
       The managers agree to the following distribution of funds:

                         [Dollars in thousands]
------------------------------------------------------------------------
               Project                       Description         Amount
------------------------------------------------------------------------
Alaska SeaLife Center, AK............  Seabird Research             $500
                                        Facility.
Arapaho NWR, CO......................  Muskrat Dam [p/d/cc]...       800
Bayou Sauvage NWR, LA................  Visitor Center [p/d]...       300
Chase Lake and Arrowwood NWRs, ND....  Joint Interpretive            300
                                        Center [p/d].
Clark R Bavin Forensics Laboratory,    Renovation/upgrade          2,682
 OR.                                    facility [c].
Clark's River NWR, KY................  Maintenance Facility          750
                                        [cc].
Craig Brook NFH, ME..................  Wastewater Treatment        1,950
                                        Compliance-Phase II [d/
                                        ic].
Eastern MA NWR Complex, MA (Great      Visitor Center and          3,177
 Meadows).                              Administration
                                        Building [p/d/cc].
Fish Springs NWR, UT.................  Seismic Safety                115
                                        Rehabilitation of Six
                                        Buildings-Phase I [p/
                                        d].
Garrison NFH, ND.....................  Hatchery Renovation [cc       300
                                        three ponds].
Green Lake NFH, ME...................  Wastewater Treatment          658
                                        Compliance-Phase I [p/
                                        d].
Hanford Reach NM, WA.................  Visitor Center.........       750
Kenai NWR, AK........................  Visitor Center [water       2,100
                                        and sewer lines].
King Salmon FWS Administrative Site,   Seismic Safety Rehab.          65
 AK.                                    of Office/Storage
                                        Building-Phase I [p/d].
Klamath Basin NWR Complex, CA........  Water Supply and            1,000
                                        Management-Phase V [c].
Lacreek NWR, SD......................  Little White River Dam-     4,200
                                        Phase III [cc].
Midway Atoll NWR.....................  Electrical system           2,700
                                        replacement [cc].
Midway Atoll NWR.....................  Replace wastewater            500
                                        treatment system w/
                                        septic fields [cc].
National Conservation Training Center  Waterline construction        600
                                        [cc].
Northeast Fishery Center, PA.........  Raceway rehabilitation        795
                                        and tank installation.
Northwest Power Planning Area........  Fish screens etc.......     2,000
Office of Aircraft Services (MBS       Replacement of Survey       1,000
 Programs).                             Aircraft-Phase II.
Ohio River Islands NWR, WV...........  Headquarters/Visitor          835
                                        Contact Station
                                        Improvements [cc].
Okefenokee NWR, GA...................  Environmental Education       600
                                        Facility [p/d/cc].
Servicewide..........................  Bridge Safety                 575
                                        Inspections.
Servicewide..........................  Dam Safety Programs &         730
                                        Inspections.
Servicewide..........................  Visitor Contact             4,000
                                        Facilities.
Sevilleta NWR, NM....................  Laboratory Construction     3,000
Silvio O Conte NWR, VT...............  Nulhegan Div. visitor       2,000
                                        contact station [cc].
Togiak NWR, AK.......................  Visitor Center [p/d]...       300
Togue Replacement....................  Replace fish stocking         750
                                        vessel [cc].
Tualatin NWR, OR.....................  Visitor Center and            700
                                        Administration
                                        Building [p/d].
White Sulphur Springs NFH, WV........  Wild Fish Propagation         650
                                        Center [p/d/cc].
World Birding Center, TX.............  Administrative Building/    1,000
                                        Visitor Center.
                                                               ---------
      Subtotal, Line Item              .......................    42,382
       Construction.
                                                               =========
Nationwide Engineering Services:
    Cost Allocation Methodology......  .......................     3,151
    Environmental Compliance.........  .......................     1,400
    Other, non-project specific        .......................     6,117
     services.
    Seismic Safety Program...........  .......................       200
    Waste Prevention, Recycling, Env.  .......................       150
     Mgmt.
                                                               ---------
      Subtotal, Nationwide             .......................    11,018
       Engineering Services.
                                                               =========
      Total..........................  .......................    53,400
------------------------------------------------------------------------

       Bill Language.--The conference agreement includes statutory 
     language allowing for a single contract for the full scope of 
     the Clark R. Bavin Forensics Laboratory, OR renovation.
       The managers agree to the following:
       1. The Service should develop standardized designs for 
     maintenance facilities so that requirements like that at ACE 
     Basin NWR, SC and other NWRs can be categorized, priorities 
     can be established, and the most critical needs can be 
     funded.
       2. The administrative building/visitor center proposal for 
     Bombay Hook NWR, DE should be incorporated into the Service?s 
     priority system and, as appropriate, should be considered 
     within the visitor contact facilities fund.
       3. Funding for the Hanford Reach NM, WA, visitor center is 
     provided with the understanding that the Service's total 
     contribution to this effort will not exceed $3,000,000.
       4. The managers are concerned with the lack of progress in 
     locating a site and commencing construction of the 
     administrative/visitor center for the Kodiak NWR, AK. The 
     Service should expedite this process in fiscal year 2005 and 
     provide a definitive cost estimate to complete this project.
       5. Funding for large game guzzlers at Nevada refuges should 
     be addressed using refuge operations and maintenance funding.
       6. Funds for raceway rehabilitation and tank installation 
     at the Northeast Fishery Center, PA, should be supplemented 
     with cost sharing from other benefiting parties.
       7. Funding for field and laboratory testing of fishway 
     designs is not included. The Service should work with the 
     U.S. Geological Survey to determine the appropriate bureau 
     and the appropriate means to fund this effort.
       8. Funding for the Sevilletta NWR, NM laboratory, 
     construction should not exceed $6,600,000. With the funds 
     provided for fiscal year 2005, the Service will have received 
     $4,500,000.
       9. Funds provided for the World Birding Center, TX, 
     represent the second of three payments for this program. The 
     managers understand that the remaining amount for this 
     project will not exceed $1,100,000.
       10. Funds are provided for planning and design of a visitor 
     center at Togiak NWR in Dillingham, AK. The managers expect 
     that this facility will be located adjacent to the airport to 
     maximize contact with the public. This center should be a 
     similar size as the visitor center operated by the Service in 
     King Salmon, Alaska.


                            LAND ACQUISITION

       The conference agreement provides $37,526,000 for land 
     acquisition instead of $12,500,000 as proposed by the House 
     and $49,864,000 as proposed by the Senate.
       The managers agree to the following distribution of funds:

        Area (State)                                             Amount
Archie Carr NWR (FL)...........................................$711,000
Baca NWR (CO).................................................3,400,000
Back Bay NWR VA)................................................700,000
Balcones Canyonlands NWR (TX)...................................900,000
Black Bayou Lake NWR (LA).......................................625,000
Cache River NWR (AR)............................................700,000
Cahaba NWR (AL).................................................550,000
Cape Romain NWR (SC)............................................850,000
Chickasaw NWR (TN)..............................................750,000
Dakota Tallgrass Prairie WMA (SD/ND)............................650,000
Eastern Shore NWR (VA)..........................................500,000
Great Swamp NWR (NJ)............................................500,000
Great White Heron NWR (FL)......................................750,000
James Campbell NWR (HI).......................................2,000,000
Lake Umbagog NWR (NH).........................................1,500,000
Lower Hatchie NWR (TN)..........................................750,000
Lower Rio Grande Valley NWR (TX)..............................1,000,000
Massasoit NWR (MA)..............................................575,000
Middle MS River NWR (MO) (Wilkinson Island)...................1,300,000
Northern Tallgrass Prairie (MN/IA)..............................500,000
Palmyra Atoll NWR...............................................600,000
Patoka River NWR (IN)...........................................250,000
Rachel Carson NWR (ME)..........................................500,000
Rhode Island refuge complex (RI)................................500,000
San Diego NWR (CA)............................................1,000,000
Silvio O. Conte NWR, (NH, VT, CT).............................1,000,000
Tensas NWR (LA)...............................................2,000,000
Togiak NWR (AK)...............................................1,500,000
Upper MS River NFWR (MN, WI, IA, IL)............................400,000
Waccamaw NWR (SC).............................................1,250,000
Walkill NWR (NJ)................................................700,000
Yukon River Delta NWR (AK)....................................1,000,000
Use of unobligated balances..................................-7,000,000
                                                       ________________
                                                       
    Subtotal.................................................22,911,000
Acquisition Management........................................8,365,000
Inholdings....................................................1,500,000
Exchanges.....................................................1,750,000
Emergencies/Hardships.........................................1,000,000
Cost Allocation Methodology...................................2,000,000
                                                       ________________
                                                       
  Total......................................................37,526,000

       Bill Language.--The conference agreement makes a technical 
     modification to the language proposed in the Senate bill 
     earmarking $750,000 for the Yukon Flats NWR (AK)/ Doyon land 
     exchange. The conference agreement retains the language 
     proposed in the Senate bill providing that none of the funds 
     in this or any other Act may be used for acquisition of land 
     to be part of Deep Fork NWR (OK).
       The managers agree to the following:
       1. Acquisitions proposed in the budget requests for the 
     Alaska Peninsula NWR (AK),

[[Page H10593]]

     Canaan Valley NWR (WV), Cypress Creek NWR (IL), and Red River 
     NWR (LA) shall be funded out of the inholdings account.
       2. Lands acquired for the James Campbell NWR (HI) must be 
     within the authorized refuge boundary.


                      LANDOWNER INCENTIVE PROGRAM

       The conference agreement provides $22,000,000 for the 
     landowner incentive program instead of $15,000,000 as 
     proposed by the House and $29,000,000 as proposed by the 
     Senate.


                       PRIVATE STEWARDSHIP GRANTS

       The conference agreement provides $7,000,000 for private 
     stewardship grants instead of $5,000,000 as proposed by the 
     House and $7,500,000 as proposed by the Senate.
       Bill Language.--The conference agreement includes bill 
     language, as proposed by the House providing for the merger 
     of funds previously appropriated under the ``Stewardship 
     Grants'' heading. The Senate had no similar provision.


                  COOPERATIVE ENDANGERED SPECIES FUND

       The conference agreement provides $81,596,000 for the 
     cooperative endangered species fund as proposed by the House 
     instead of $82,600,000 as proposed by the Senate.
       Bill Language.--The conference agreement earmarks 
     $32,212,000 to be derived from the Cooperative Endangered 
     Species Fund instead of $49,384,000 as proposed by the House 
     and $32,600,000 as proposed by the Senate. The amount derived 
     from the Land and Water Conservation Fund is $49,384,000 as 
     proposed by the House instead of $50,000,000 as proposed by 
     the Senate.


                     NATIONAL WILDLIFE REFUGE FUND

       The conference agreement provides $14,414,000 for the 
     national wildlife refuge fund as proposed by both the House 
     and the Senate.


               NORTH AMERICAN WETLANDS CONSERVATION FUND

       The conference agreement provides $38,000,000 for the North 
     American wetlands conservation fund as proposed by both the 
     House and the Senate.


                NEOTROPICAL MIGRATORY BIRD CONSERVATION

       The conference agreement provides $4,000,000 for 
     neotropical migratory bird conservation as proposed by the 
     Senate instead of $4,400,000 as proposed by the House.


                MULTINATIONAL SPECIES CONSERVATION FUND

       The conference agreement provides $5,800,000 for 
     multinational species conservation fund programs instead of 
     $5,900,000 as proposed by the House and $5,700,000 as 
     proposed by the Senate. Changes to the House recommended 
     level include decreases of $50,000 for African elephants, 
     $50,000 for rhinoceros and tigers, $50,000 for Asian 
     elephants, and $50,000 for great apes, and an increase of 
     $100,000 to initiate the newly authorized marine turtles 
     program. The managers expect the Service to keep the funding 
     for marine turtles in the base budget and to increase 
     funding, as appropriate, for this program in future budget 
     requests.
       Bill Language.--The conference agreement includes the 
     statutory citation for the Marine Turtle Conservation Act of 
     2004.


                    STATE AND TRIBAL WILDLIFE GRANTS

       The conference agreement provides $70,000,000 for State and 
     tribal wildlife grants instead of $67,500,000 as proposed by 
     the House and $75,000,000 as proposed by the Senate. The 
     managers reiterate the importance of comprehensive wildlife 
     conservation strategies toward the conservation of each 
     State's full array of wildlife and their habitats. The 
     strategies, produced in each State and territory plan, are 
     expected to be complete by October 1, 2005. Emphasis should 
     be on those habitats and conservation actions that support 
     the species of greatest conservation need. Program funds 
     should be directed to those actions and habitats that will 
     best implement the comprehensive wildlife conservation 
     strategies and preclude the need to list many more species as 
     threatened or endangered under the Endangered Species Act.
       Bill Language.--The conference agreement includes bill 
     language, as proposed by the House, providing for the merger 
     of funds previously appropriated under the ``State Wildlife 
     Grants''heading. The Senate had no similar provision.

                         National Park Service


                 OPERATION OF THE NATIONAL PARK SYSTEM

       The conference agreement provides $1,707,282,000 for 
     operation of the national park system instead of 
     $1,686,067,000 as proposed by the House and $1,688,915,000 as 
     proposed by the Senate.
       The managers have provided an additional $52,654,000 for 
     park base operations. Combined with the $22,012,000 in 
     specific park operating increases in the budget request, the 
     parks will have an additional $74,666,000 in park 
     programmatic increases for fiscal year 2005. This is the 
     largest park base programmatic increase ever for the National 
     Park Service and in keeping with the large increases in 
     operating funds provided by the Congress over the past 10 
     years.
       The Administration's budget requests for parks in recent 
     years have not sufficiently addressed growing shortfalls in 
     core operating programs at the parks. Recent budgets have 
     seen increasing emphasis placed on expanding law enforcement 
     and security, facility maintenance, information technology, 
     and natural resource data gathering. Core park operations 
     have also been impacted by the absorption of pay costs within 
     budget requests, Congressionally mandated pay increases in 
     excess of budget requests, and storm damage. New security and 
     anti-terrorism requirements and other new mandates and 
     responsibilities have also been assigned by the Department 
     and the Office of Management and Budget. The managers have 
     been supportive of these requirements and have provided 
     significant increases for security at icon and border parks 
     while consistently including additional park maintenance 
     funding to ensure the maintenance backlog reduction efforts 
     continue on track. However important these new 
     responsibilities, the budget of the National Park Service 
     cannot continue to be limited to a few parks and purposes 
     while core visitor service requirements are going unmet 
     nationwide. All parks need to remain open and accessible to 
     visitors and basic visitor services need to be available at 
     all parks across the system.
       Of the additional amount provided for park base operations, 
     $40,000,000 should be distributed to all park units as an 
     across-the-board increase in all budget subactivities within 
     park management to help offset the impact of recent 
     absorptions. This will provide each unit with a minimum 
     increase of approximately 5 percent above their fiscal year 
     2004 level. Also, $500,000 of the additional amount should be 
     distributed to national trails on a priority basis. The 
     remaining balance of $12,154,000 for additional park 
     operations funding shall be used solely to restore basic 
     visitor services and address resource preservation needs in 
     accordance with National Park Service priorities.
       The conference agreement provides $342,967,000 for resource 
     stewardship. Changes to the House level include a reduction 
     of $1,000,000 for inventory and monitoring and an increase of 
     $500,000 for Vanishing Treasures.
       The conference agreement provides $326,856,000 for visitor 
     services, the same as the House level.
       The conference agreement provides $573,178,000 for 
     maintenance, the same as the House level.
       The conference agreement provides $285,946,000 for park 
     support. Changes to the House level include an additional 
     $871,000 for e-government initiatives, $250,000 for wild and 
     scenic rivers, $500,000 for the traditional challenge cost 
     share program and $94,000 for the Lewis and Clark program. 
     The House position on the CCI challenge cost share program is 
     adopted.
       Bill language.--The conference agreement retains the House 
     language regarding one year funding for repair and 
     rehabilitation funds. The conference agreement earmarks 
     $2,000,000 for the YCC program.
       Report language.--Earmarks within the repair and 
     rehabilitation program are as follows: $450,000 for 26 
     Williams Street at Dayton Aviation Heritage NHP; $306,000 for 
     rehab of Porter Beach restrooms at Indiana Dunes NL; $500,000 
     for boat launch ramps at Lake Mead NRA; $300,000 for signage 
     repairs at Fort Stanwix NM; $388,000 for dock, signage and 
     lighting repairs at Amistad NRA; $300,000 to continue 
     cultural landscaping improvements at Gettysburg NMP, $400,000 
     for Natchez Trace Parkway; $325,000 for rehab of Fort Piute 
     at Mojave National Preserve; $400,000 for rehab of structures 
     at Stiltsville in Biscayne NP; and $200,000 for restoration 
     at International Peace Garden, ND.
       The conference agreement continues to earmark one-third of 
     the challenge cost share program for the National Trails 
     System. The managers have retained the House language 
     concerning National Park Service travel. Foreign travel must 
     be pre-approved by the House and Senate Committees on 
     Appropriations.
       The managers recognize the successful partnership between 
     the National Park Service and Southeast Community College, 
     KY, in providing important employee training. The managers 
     encourage the Service to consider additional training 
     opportunities with the college.


                       UNITED STATES PARK POLICE

       The conference agreement provides $81,204,000 for the 
     United States Park Police as proposed by the House and the 
     Senate.
       It has been three years since the National Academy of 
     Public Administration's comprehensive financial and 
     management review of the U.S. Park Police. As of two months 
     ago, NAPA reported that none of the major reforms had been 
     implemented. The managers expect the Secretary and the 
     Director of the National Park Service to implement fully the 
     major reforms and be prepared to discuss those changes at the 
     fiscal year 2006 hearings.


                  NATIONAL RECREATION AND PRESERVATION

       The conference agreement provides $61,832,000 for national 
     recreation and preservation, instead of $53,877,000 as 
     proposed by the House and $63,023,000 as proposed by the 
     Senate.
       The conference agreement provides $551,000 for recreation 
     programs, the same as the House and Senate. Also included is 
     $11,018,000 for natural programs. Changes to the House level 
     include an additional $300,000 for the rivers and trails 
     program. The managers expect that the reforms made to the 
     strategic plan will be closely followed. This is a technical 
     assistance program. Direct grants are not authorized.
       The conference agreement provides $20,214,000 for cultural 
     programs. Changes to the House level include increases of 
     $100,000 for the Louisiana Creole Heritage Center and 
     $300,000 for a National Underground Railroad Network grant 
     program, which is authorized.
       The conference agreement provides $1,616,000 for 
     International park affairs, the same as the House and Senate.

[[Page H10594]]

       The conference agreement provides $397,000 for 
     environmental and compliance review, the same as the House 
     and Senate.
       The conference agreement provides $1,892,000 for grant 
     administration, the same as the House level.
       The conference agreement provides the $500,000 requested in 
     the budget for the partnership office. The managers intend to 
     continue support for the work of NPS regional office 
     partnership and volunteers-in-the-parks coordinators. Funds 
     are to be provided equally to each of the seven regions to 
     supplement existing regional office and park partnership 
     activities, services, and events consistent with identified 
     regional priorities and mission goals.
       The conference agreement provides $14,785,000 for 
     nationally designated heritage areas. Included in this amount 
     is $122,000 for administration and $500,000 for heritage 
     areas authorized after enactment of this Act. Individual 
     projects are as follows:

        Project                                                  Amount
America's Agricultural Heritage Partnership (Silos & Smokestack$750,000
Augusta Canal NHA...............................................400,000
Automobile NHA..................................................500,000
Blue Ridge NHA..................................................900,000
Cache La Poudre River Corridor...................................45,000
Cane River NHA..................................................900,000
Delaware and Lehigh NHC.........................................800,000
Erie Canalway National Corridor.................................700,000
Essex NHA.......................................................900,000
Hudson River Valley NHA.........................................500,000
John H. Chafee Blackstone River Valley NHC......................845,000
Lackawanna Valley NHA...........................................550,000
National Coal Heritage Area.....................................123,000
Ohio and Erie Canal NHC.........................................900,000
Quinnebaug & Shetucket Rivers Valley NHC........................850,000
Rivers of Steel NHA.............................................900,000
Schuylkill River Valley National Heritage Area..................500,000
Shenandoah Valley Battlefields National Historic District.......500,000
South Carolina NHC..............................................900,000
Tennessee Civil War Heritage Area...............................400,000
Wheeling NHA....................................................900,000
Yuma Crossing NHA...............................................400,000
                                                       ________________
                                                       
  Subtotal...................................................14,163,000
Administration..................................................122,000
Newly authorized areas..........................................500,000
                                                       ________________
                                                       
  Total......................................................14,785,000

       The conference agreement provides $11,359,000 for statutory 
     or contractual aid, instead of $3,794,000 as proposed by the 
     House and $12,080,000 as proposed by the Senate. The funds 
     are to be distributed as follows:

        Project                                                  Amount
Alaska National Parks..........................................$750,000
Benjamin Franklin Tercentenary Commission.......................250,000
Black Jack Battlefield Trust.....................................89,000
Brown Foundation................................................250,000
Chesapeake Bay Gateway........................................2,500,000
Flight 93 Memorial..............................................250,000
Ft. Mandan, Ft. Lincoln & No. Plains Foundation.................625,000
George Washington Memorial Bridge...............................100,000
Ice Age National Scientific Reserve.............................796,000
Jamestown 2007..................................................400,000
Johnstown Area Heritage Association..............................49,000
Keweenaw NHP--Main Street.......................................800,000
Lamprey W&SR Cooperative Agreements.............................900,000
Lower Eastside Tenement Museum..................................250,000
Mississippi Museum of Natural Science...........................750,000
Mt. Rainier NP--study...........................................700,000
Natchez NHP--Slave Market.......................................150,000
Native Hawaiian Culture and Arts Program........................750,000
Sewall-Belmont House............................................400,000
Sleeping Rainbow Ranch, Capital Reef NP.........................600,000
                                                       ________________
                                                       
  Total......................................................11,359,000

       The conference agreement includes $400,000 for the Sewall-
     Belmont House. The managers are concerned that the Service 
     has taken too long to determine an appropriate solution to 
     making the facility handicapped accessible. The managers 
     direct the Service to report to the Committees no later than 
     April 1, 2005, on a final recommendation.
       Bill language.--The conference agreement provides $700,000 
     for a feasibility study for the Train to the Mountain 
     project.
       The conference agreement includes the Senate language on 
     the use of funds for the Rivers and Trails program.
       The conference agreement has included bill language to 
     change the matching requirements at Keweenaw NHP to 1/1 for 
     one year only.
       Report language.--The conference agreement provides 
     $100,000 within available funds to the National Center for 
     Preservation Technology and Training for continued support of 
     the successful competitive heritage education grants program 
     to schools in Louisiana. No more than fifteen percent of this 
     amount may be used to administer the program.


                       HISTORIC PRESERVATION FUND

       The conference agreement provides $72,750,000 for the 
     historic preservation fund instead of $71,533,000 as proposed 
     by the House and $71,250,000 as proposed by the Senate. 
     Changes to the House level include an increase of $1,430,000 
     for grants-in-aid to States and Territories and an increase 
     of $287,000 for grants-in-aid to Indian Tribes. The 
     conference agreement provides $3,500,000 for Historically 
     Black Colleges and Universities, instead of $4,000,000 as 
     proposed by the House.
       Of the $30,000,000 provided for Save America's Treasures, 
     $15,000,000 is for competitive grants. The balance of the 
     funds are to be distributed as follows:

        Project/State                                            Amount
Albany Theatre, GA.............................................$150,000
Alyeska Roundhouse, AK..........................................200,000
Bellance Air Service hanger, DE.................................300,000
Beringer-Crawford museum collections, KY........................100,000
Boligee Street Historic perservation, AL........................400,000
Bremerton Building 50 Naval Museum, WA..........................300,000
Bronx Community College Stanford White Complex, NY..............200,000
Broome County YWCA, NY..........................................100,000
Buckland Preservation, VA........................................50,000
Church of the Presidents, NJ....................................100,000
City of Springfield City Hall, MO...............................300,000
Clarke County Courthouse, MS....................................200,000
Clinton House, NY...............................................100,000
Cold War sites, ND..............................................250,000
Decatur House, DC...............................................100,000
Dennison Railroad Depot Museum, OH..............................200,000
Drake Oilwell, PA...............................................150,000
Duluth National Guard Armory, MN................................250,000
El Gracia Train Depot, CA.......................................200,000
First Congregational Church, CT.................................300,000
Ft. Seward Military Post, ND....................................100,000
Goodwill Theater, NY.............................................50,000
Grand Traverse Civil War Monument, MI............................30,000
Grove Arcade, NC................................................500,000
Harmony Engine Company Firehouse, PA............................200,000
Harper House, NC................................................100,000
Hazlett-Fields House, WV........................................250,000
Henry Phillips Farmhouse, NJ....................................150,000
Holland Theatre, OH.............................................200,000
Hoover House, OH................................................100,000
Hotchkiss Building, NY..........................................200,000
Howe House, OH..................................................100,000
Hoyt Sherman Place Theater, IA..................................300,000
Hunley Submarine, SC............................................100,000
Hutmacher Complex, ND...........................................100,000
James Beard Historic Market, OR.................................300,000
Jefferson Community College, KY.................................100,000
King Memorial Baptist Church, AL................................100,000
Lafayette County Courthouse, MS.................................200,000
Lake Oswego Historic Iron Smelter, OR...........................100,000
Lear Theater, NV................................................400,000
Lee-Fendall House, Va............................................75,000
Linden Project, MD..............................................250,000
MD House at the Baltimore Zoo, MD...............................350,000
Moore County Courthouse, TN......................................50,000
Moravian College Bretheren House, PA............................150,000
Morehouse College African American Archival Program, GA.........100,000
New Salem Academy, MA...........................................175,000
Nicholson House, NJ.............................................150,000
Northern VA Freedom House........................................75,000
Oats Park School/Arts Center, NV................................200,000
Ohio Wesleyan, OH................................................50,000
Old Henderson County Courthouse, NC.............................110,000
Old Mint, CA....................................................300,000
Old Warren County Courthouse, KY................................250,000
Orpheum Theatre, IL.............................................250,000
Oscar Howe Murals (Mobridge School District), SD................150,000
Ossining Historic Architecture Protection, NY...................150,000
Pawtucket Public Library, RI....................................300,000
Penland School, NC..............................................100,000
Phoenix Bank, VA................................................100,000
Rayburn Library, TX.............................................200,000
Rios Caledonia Adobe, CA........................................200,000
Rye Meeting House, NY............................................50,000
Sandusky Old Post Office, OH....................................200,000
Sequoia Presidential Yacht, VA...................................50,000
Socorro Mission, TX.............................................200,000
Sommerville Courthouse, AL.......................................95,000
Sonnenberg Mansion, NY..........................................370,000
Stabler-Leadbeater Apothecary Museum, VA.........................50,000
State Theatre, PA...............................................100,000
Stewart County Courthouse, GA...................................125,000
Town Hall Theater, VT...........................................150,000

[[Page H10595]]

Troy High School, PA............................................250,000
Tryon Palace, NC................................................150,000
Turnblad Mansion, MN............................................200,000
Union Pacific Dining Lodge, MT..................................400,000
Universal Preservation Hall, NY.................................200,000
Washington and Jefferson College Historic Buildings, PA.........300,000
Westcott House, OH..............................................200,000
Wilkesboro Courthouse, NC.......................................200,000
Winston Courthouse, AL...........................................95,000
Yawkey House, WI................................................250,000
                                                       ________________
                                                       
  Total.....................................................150,000,000

       Bill language.--The conference agreement does not provide 
     an earmark of $2,000,000 for a new Preserve America grants 
     program as proposed by the Senate.
       The conference agreement does not prohibit the use of Save 
     America's Treasures funds for administrative purposes.
       The conference agreement includes bill language clarifying 
     the ability of the National Endowment for the Arts to award 
     Save America's Treasures grants based upon the 
     recommendations of the Save America's Treasures grant 
     selection panel.


                              construction

       The conference agreement provides $307,362,000 for 
     construction instead of $297,628,000 as proposed by the House 
     and $330,019,000 as proposed by the Senate. The funds are to 
     be distributed as follows:

        Project                                                  Amount
Allegheny Portage RR NHS, PA (rehabilitate historic Trace Corridor 
  Trail).......................................................$861,000
Apostle Islands NL, WI (restore Raspberry Island Light Station1,136,000
Big Bend NP, TX (replace Chisos Basin water supply)...........2,000,000
Big Cypress NPres, FL (rehabilitate off-road vehicle trails--com569,000
Blue Ridge Parkway, NC (Hemphill Knob visitor center).........3,000,000
Boston NHP, MA (rehabilitate Bldg. 125).......................1,187,000
Boston NHP, MA (rehabilitate Commandant's house)................774,000
Cane River Creole NHP, LA (curatorial facility--planning).......100,000
Cane River Creole NHP, LA (stabilize/preserve Magnolia Plantation 
  structures).................................................1,068,000
Chattahoochee River NRA, GA (reduce resource damage--provide river rec. 
  acc)........................................................2,125,000
Crater Lake NP, OR (rehabilitate historical cafeteria bldg; relocate 
  Rim parking area)...........................................8,741,000
Cumberland Island NS, GA (stabilize Dungeness Ruins)..........1,285,000
Cumberland Island NS, GA (Plumb Orchard planning)...............264,000
Cuyahoga NP, OH (rehabilitate various historic structures)....2,500,000
Dayton Aviation NHP, OH (Huffman Prairie Hanger)................650,000
Dayton Aviation NHP, OH (Wright-Dunbar Plaza, accessibility & pl275,000
Delaware Water Gap NRA, PA (cabin replacement)..................700,000
Denali NP, AK (replace Eielson Visitor Center)................7,420,000
Everglades NP, FL (modify water delivery system)..............8,077,000
Fire Island NS, NY (rehabilitate Sailors Haven Marina & ferry 2,374,000
Flight 93 NMem, PA (build starter public facilities & services).806,000
Fort Larned NHS, KS (fix structural problems at Old Commissary).869,000
Fort Washington Park, MD (stabilize fort).....................3,660,000
Frederick Law Olmsted NHS, MA (upgrade life/safety systems; 
  rehabilitate historical structure)..........................2,011,000
George Washington Carver NM, MO (rehabilitate/complete visitor center--
  completes)..................................................3,187,000
George Washington Mem. Pkwy, VA (general maintenance/rehabilitate along 
  parkway)......................................................300,000
Gettysburg NMP, PA (new visitor center).......................5,000,000
Gettysburg NMP, PA (Wills House--completes)...................5,759,000
Grant Teton NP, WY (visitor center--completes)................5,000,000
Great Smoky Mtns NP, NC (replace Smokemont water/sewer w/munic2,171,000
Great Smoky Mountains NP, TN (Institute at Tremont).............500,000
Hampton NHS, MD (install environmental controls in Hampton Man1,546,000
Harpers Ferry NP, WV (rehabilitate Bldg 82, The Jackson House)...50,000
Harpers Ferry NP, WV (restoration of Armory Yard--planning).....450,000
Homestead NHS, NE (cont. planning the visitor/heritage center)1,112,000
Hot Springs NP, AR (rehabilitate/stabilize bathhouses for adaptive 
  reuse)......................................................4,989,000
John H. Chaffee Blackstone R. Valley NHC, RI....................500,000
Kalaupapa NHP, HI (preserve historic buildings; correct safety 
  problems)...................................................3,928,000
Kenai Fjords NP, AK (multi-agency center).......................950,000
Klondike Gold Rush NHP, AK (build historical resource support center/
  protect museum collection)....................................739,000
L.Q.C. Lamar House NHL, MS (restoration)........................500,000
Lassen Volcanic NP, CA (replace condemned chalet w/improved visitor 
  service facility.).........................................10,051,000
Lincoln Library, IL (cont. Library/Museum construction).......5,000,000
Little Rock Central High School NHS, AR (design visitor facility--
  planning).....................................................733,000
Manassas NBP, VA (rehabilitate historic Brawner Farm for visit2,317,000
Martin Luther King, Jr. NHS, GA (restore Ebenezer Baptist Church, Ph. 
  II).........................................................2,459,000
Moccasin Bend NAD (CHCH), TN (erosion & DCP--planning)..........400,000
Monocacy NB, MD (relocate flood-prone visitor center to Best F3,539,000
Morris Thompson Visitor & Cultural Center, AK (completes).....6,000,000
New Bedford Whaling NHP, MA (Corson building).................3,000,000
New River Gorge NR, WV........................................2,275,000
Olympic NP, WA (remove salmon obstructions; build bridge/culve1,940,000
Olympic NP, WA (restore Elwha River ecosystem & fisheries)...13,450,000
Organ Pipe Cactus NM, AZ (construct vehicle barrier--completes6,600,000
Petersburg NB, VA (consolidate, rehabilitate/replace maintenance 
  facilities)...................................................812,000
Point Reyes NS, CA (restore Lifeboat Station Marine Railway)..1,885,000
Pu'uhonua o Honaunau NHP, HI (remove/replace admin. buildings from 
  arch. site).................................................1,112,000
Rock Creek Park, DC (preserve/protect Meridian Hill Park).....3,007,000
San Francisco Maritime NHP, CA (C.A. Thayer)..................2,123,000
Saratoga NHP, NY (planning for visitor access to Victory Woods).295,000
Shenandoah NP, VA (Old Rag parking lot & connecting trail)......600,000
Southwest Pennsylvania Heritage Comm., PA (rehabilitate/preservation 
  grants).....................................................2,500,000
Timucuan Ecological & HPres, FL (Kingsley Plantation Hs/Kitchen Hs 
  work).........................................................388,000
Tuskegee Airmen NHS, AL (continue federal project planning--site 
  develop/utilities)..........................................1,000,000
Utah Public Lands Artifact Preservation Act, UT...............5,000,000
Vicksburg NMP, MS (Pemberton House).............................750,000
Washington Office, DC (emergency storm damage reconstruction-14,000,000
Weir Farm NHS, CT (replace maintenance, curatorial & admin. fa3,536,000
Western Arctic NParklands, AK (build NW AK Heritage Ctr & Admi2,500,000
White House, DC (structural & utility rehabilitate--Exec. Residence & 
  Pres. Park).................................................9,938,000
Wrangell-St. Elias NP&Pres, AK (build museum--preserve/interpretive 
  AHTNA cult.)................................................1,135,000
Yellowstone NP, WY (restoration of Old House, Old Faithful Inn9,801,000
Yellowstone NP, WY (reconstruct West Entrance Station)........1,487,000

[[Page H10596]]

Yellowstone NP, WY (replace admin winter snowcoaches/improve 
  infrastructure).............................................1,000,000
Yellowstone NP, WY (replace existing court facilities w/ new 
  courthouse).................................................2,655,000
Use of unobligated balances.................................-20,000,000
                                                       ________________
                                                       
   Subtotal, Line Item......................................192,421,000
Emergency/Unscheduled Projects................................4,000,000
Housing replacement...........................................8,000,000
Dam safety....................................................2,700,000
Equipment replacement........................................38,344,000
Construction planning........................................21,220,000
Construction program management..............................27,364,000
General management planning..................................13,313,000
                                                       ________________
                                                       
   Total Construction.......................................307,362,000

       Bill language.--House language on partnership projects has 
     been slightly modified to remove the requirement for 
     ``written'' approval from the Committees. Approval of the 
     House and Senate Committees on Appropriations still applies.
       The conference agreement includes the following: (1) House 
     provision regarding Flight 93 NMem; (2) Senate provision 
     regarding how funds are provided for the Modified Water 
     Deliveries project; (3) Senate provision earmarking funds for 
     the L.Q.C. Lamar House NHL from the Historic Preservation 
     Fund (funds must be matched); and (4) Senate provision 
     regarding construction at Old Rag Mountain trail in 
     Shenandoah Mountain NP.
       Partnerships.--The managers reiterate the concerns voiced 
     by both the House and Senate regarding the management of 
     partnership construction projects. The National Park Service 
     has developed interim guidance to govern the development of 
     partnership construction proposals and the managers expect 
     all levels of the Service to comply with the new procedures. 
     The managers expect the Service and its partners to work 
     collaboratively on the appropriateness, scope, and costs of 
     contemplated projects, with careful consideration given to 
     both the capital development and long-term operational and 
     life-cycle costs. At a time of increased attention and 
     emphasis on park operation budgets, the Service and its 
     partners must not pursue new facility investments that are 
     unrealistic and unachievable in their expectations. The 
     managers expect the Service's review of all partnership 
     construction proposals to make difficult decisions, where 
     necessary, to defer or suspend a project that is not the 
     right project, for the right reason, at the right size, and 
     at the right time. Additionally, any partnership construction 
     project for which there is to be a Federal contribution 
     towards the cost must be budgeted for and included in the 
     Service's five-year construction program. In the event a 
     partnership construction proposal assumes funding from 
     another Federal agency, the Service must seek the agreement 
     of the appropriate agency including funding in the agency's 
     budget request. The managers expect the Service to provide a 
     status report regarding partnership construction projects no 
     later than February 15, 2005.
       Language regarding partnership projects at Moccasin Bend 
     NAD, Great Smoky Mountains NP (Tremont), Delaware Water Gap 
     NRA (Pocono Environmental Education Center), Flight 93 NMem, 
     and Dayton Aviation NHP (Wright Dunbar Plaza) was included in 
     the House and Senate committee reports, and is reinforced by 
     the managers. Partnership construction projects that have not 
     followed the interim guidance, the requirements of Director's 
     Order 21, or been reviewed by the Development Advisory Board, 
     will not be considered for approval by the Committees.
       Funds provided for the Cane River Creole NHP are to 
     initiate pre-design and planning for a curatorial storage 
     facility. The managers understand that this facility will be 
     for Service collections, and will be constructed and managed 
     by the Service. The scope and cost of this facility are 
     subject to further refinement using the Service's planning 
     model, but are expected to be less than the $3 million 
     project previously proposed as a partnership with the 
     university.
       The conference agreement provides $700,000 for cabin 
     restoration at the Delaware Water Gap NRA, consistent with 
     the direction provided in the House report. The funds are to 
     be used for cabin restoration, or replacements in kind, 
     consistent with the programming levels allowed in the General 
     Management Plan. As discussed in the House Report, the 
     Service needs to complete the site plan and value analysis 
     requested in fiscal year 2004. The park and the partner are 
     reminded that any significant facility investments that go 
     beyond existing program levels must follow the interim 
     guidance regarding partnership construction projects. The 
     managers expect the Service to report by February 1, 2005, on 
     a plan and schedule for the expenditure of the funds for 
     fiscal year 2005. The managers are very concerned that the 
     Service has not followed directions in previous conference 
     reports.
       Funding has not been provided to the following projects due 
     to various delays in awarding contracts: C&O Canal NHP, 
     Saugus Iron Works NHS, Yellowstone NP (Madison wastewater 
     facility), and Fire Island NS (west ranger station). The 
     Pinnacles NM project was supplanted by an urgent land 
     acquisition need. Boston Harbor NRA, Fort Larned NHS and 
     Point Reyes NS are strongly encouraged to resubmit in the 
     next fiscal year's budget.
       Report language.--The managers direct the Service to 
     initiate the Waco Mammoth site and the Manhattan Project new 
     area studies, which are authorized.
       The managers expect the Service to initiate a preliminary 
     resource assessment of Tunica River Park, MS and the 
     surrounding area, and to provide technical assistance as 
     necessary to cooperating entities.
       Funds for the Natchez Trace Parkway, MS, have been removed 
     from construction and addressed in park operations.


                    LAND AND WATER CONSERVATION FUND

                              (RESCISSION)

       The conference agreement rescinds the contract authority 
     provided for fiscal year 2005 by 16 U.S.C. 460l-10a as 
     proposed by both the House and the Senate.


                 LAND ACQUISITION AND STATE ASSISTANCE

                     (including transfer of funds)

       The conference agreement provides $148,411,000 for land 
     acquisition and State assistance instead of $107,500,000 as 
     proposed by the House and $155,831,000 as proposed by the 
     Senate.
       The managers agree to the following distribution of funds:

        Area (State)                                             Amount
Appalachian National Scenic Trail (High Top Mtn.) (VA).......$1,380,000
Big Thicket National Preserve (TX)............................4,541,000
Blue Ridge Parkway (Roanoke) (VA)...............................750,000
Civil War Battlefield Sites (Grants)..........................5,000,000
Congaree NP (SC)..............................................6,000,000
Cumberland Gap (Fern Lake) (KY)...............................1,000,000
Ft. Clatsop NM (OR)...........................................5,000,000
Guilford Courthouse NMP (NC)....................................250,000
Harpers Ferry NHP (WV)........................................2,900,000
Ice Age NST (WI)..............................................1,000,000
Mojave National Preserve (relocation) (CA)....................1,600,000
Mount Rainier NP (WA).........................................1,000,000
National Capital Parks (DC)...................................2,479,000
New River Gorge NSR (WV)......................................2,000,000
Niobrara NSR (easements) (NE)...................................200,000
Pinnacles NM (CA).............................................2,600,000
Pu`uhonua O Honaunau NHP (HI).................................4,600,000
Shenandoah Valley Battlefields NHD (VA).......................1,500,000
Sleeping Bear Dunes NL (MI)...................................1,500,000
Valley Forge NHP (PA).........................................1,500,000
Wilson's Creek NB (MO)........................................4,500,000
Wrangell-St. Elias NP (AK)....................................1,500,000
Use of unobligated balances.................................-12,400,000
                                                       ________________
                                                       
   Subtotal..................................................40,400,000
Acquisition Management.......................................10,511,000
Emergencies/Hardships.........................................2,500,000
Inholdings/Exchanges..........................................2,500,000
Stateside Grants.............................................91,000,000
Stateside Administration......................................1,500,000
                                                       ________________
                                                       
   Total...................................................$148,411,000

       Bill Language.--The conference agreement retains the 
     language proposed by the Senate providing that, in lieu of 
     State assistance program indirect costs (as described in OMB 
     Circular A-87), not to exceed five percent apportionments 
     under the State assistance program may be used by States, the 
     District of Columbia, and insular areas to support program 
     administration costs. The conference agreement retains the 
     language proposed in the Senate bill providing that $250,000 
     provided for Civil War battlefield protection be available 
     for transfer to the National Recreation and Preservation 
     account.
       Report Language.--The managers support land acquisition 
     efforts at Jean Lafitte National Historical Park and Preserve 
     in Louisiana, but understand that there are not purchases 
     currently ready for completion. The managers will look 
     favorably upon future acquisitions at the park, should 
     parcels become available.
       The Committee is anxious to see progress on efforts to 
     locate and build a boathouse with access to the Potomac River 
     near the George Washington Memorial Parkway in Arlington, 
     Virginia. The Committee encourages the Service to continue 
     exploring options that would facilitate the possible 
     acquisition of suitable land by Arlington County to construct 
     the boathouse.


                       ADMINISTRATIVE PROVISIONS

       Bill language.--The conference report includes statutory 
     language, with minor modifications, regarding concession 
     contracts. This language was originally included in the House 
     bill.

                    United States Geological Survey


                 SURVEYS, INVESTIGATIONS, AND RESEARCH

       The conference agreement provides $948,921,000 for surveys, 
     investigations, and research instead of $944,498,000 as 
     proposed by the House and $939,486,000 as proposed by the 
     Senate.
       Mapping, Remote Sensing and Geographic Investigations.--The 
     change to the House level for mapping, remote sensing and 
     geographic investigations is a decrease of $2,355,000 for

[[Page H10597]]

     The National Map. The managers understand that this decrease 
     will be partially offset by anticipated buyout savings. The 
     managers expect that the Alaska digital data mapping program 
     will continue from within base funding at no less than the 
     fiscal year 2004 enacted level.
       The managers reiterate their concern with the equipment 
     failure on the Landsat 7 satellite, which occurred well over 
     a year ago, and the issues that have arisen as a result. 
     Despite repeated requests from both the House and Senate 
     Committees on Appropriations, a clear plan has yet to be 
     submitted by the Administration regarding long term USGS 
     satellite operations, nor has an interim solution been 
     offered to address the current funding issues surrounding 
     Landsat 7. The managers are dismayed that the Administration 
     has been unable to provide specific guidance and coordination 
     on an issue that crosses multiple agencies and jurisdictions. 
     Further, the managers object to the notion of continuing to 
     redirect funds from other valuable Survey activities in order 
     to maintain the status quo for a program that is no longer 
     fully functional. The managers expect to see a fiscal year 
     2006 budget submission that contains a detailed proposal to 
     address the Landsat issue. If, however, a clear plan 
     regarding mission and funding options is not received by June 
     30, 2005, the managers direct the Department of the Interior 
     to submit a plan for shutdown of the Landsat program. In the 
     meantime, to the extend that buyout savings may be required 
     to contribute to EROS Data Center operations during fiscal 
     year 2005, the mapping program should reserve these funds to 
     do so. The managers expect the Survey to be extremely 
     cautious in expanding its mapping programs or entering into 
     additional cooperative agreements with these monies until it 
     is clear how the Landsat issue will be resolved.
       The managers agree that long-term remote sensing data is 
     vital to many aspects of the government and private sector in 
     the nation. Once again, the managers encourage the 
     Administration to work with NASA and other Federal agencies 
     to place the next generation Landsat sensor in orbit as soon 
     as possible to reduce future gaps in data.
       Geologic Hazards, Resources and Processes.--Changes to the 
     House level for geologic hazards, resources and processes 
     include increases of $3,242,000 for the base volcano 
     monitoring program, $1,150,000 for the Alaska mineral 
     resource assessment program, and $100,000 for the Alaska 
     Geological Materials Center and decreases of $500,000 for the 
     Advanced National Seismic System program, $400,000 for the 
     earth observation monitoring program, $1,482,000 for the 
     Alaska minerals-at-risk project that has been completed, 
     $250,000 for the landslide hazards program, and $250,000 for 
     geothermal assessments. Other projects that are continued in 
     fiscal year 2005 at their fiscal year 2004 funding levels 
     include a North Carolina coastal erosion study, South 
     Carolina/Georgia coastal erosion and monitoring studies, and 
     subsidence studies at the University of New Orleans.
       The managers agree that the volcano monitoring program is 
     vital to both the safety of citizens living near these areas 
     and the protection of commercial aircraft. Within the funds 
     provided in the conference agreement, the Survey shall 
     continue its ongoing volcanic research and monitoring 
     activities at no less than the fiscal year 2004 enacted 
     level, and should direct increased funding to areas of recent 
     and imminent volcanic activity.
       The managers agree that the amount of funding provided for 
     conducting inquiries into the economic conditions affecting 
     mining and materials processing industries is $15,499,000. 
     This number will no longer appear in bill language.
       Water Resources Investigations.--Changes to the House level 
     for water resources investigations include increases of 
     $1,481,000 for collaborative research with the University of 
     Oklahoma, $518,000 for the toxic substances hydrology 
     program, $50,000 for the Potomac river groundwater assessment 
     study, $198,000 for the Berkeley Pit study with Montana Tech, 
     $295,000 for Lake Champlain basin toxic materials, $444,000 
     for monitoring water resources in Hawaii, and $889,000 for 
     the coal bed methane study of the Tongue river, and decreases 
     of $400,000 for the water availability pilot project and 
     $400,000 for the Klamath basin study. Funds remain in the 
     base to continue the US/Mexico border initiative at the 
     fiscal year 2004 level. The managers agree that, from within 
     base funds, up to $889,000 may be designated for the Survey's 
     continued participation in the Long Term Estuary Assessment 
     program. The managers agree that the reduction to the Klamath 
     basin funding will be offset by an internal reprogramming in 
     the current fiscal year. The managers agree that the Potomac 
     river groundwater assessment projects in the House and Senate 
     bills address similar issues and they have been combined into 
     one project.
       Biological Research.--Changes to the House level for 
     biological research include increases of $250,000 for 
     northern prairie carbon sequestration, $741,000 for the Mark 
     Twain National Forest mining study, $790,000 for molecular 
     biology at Leetown Science Center, $300,000 for pallid 
     sturgeon research, $198,000 for a diamondback terrapin study, 
     $988,000 to complete the Northern Continental Divide 
     Ecosystem study in Montana, $296,000 for a multi-disciplinary 
     water resource study at Leetown Science Center, $250,000 for 
     the Delaware River Basin Study, and decreases of $250,000 for 
     ecological systems mapping, $250,000 for the deepwater 
     fisheries vessel program, $500,000 for invasive species, 
     $400,000 for Klamath basin studies, $170,000 for equipment at 
     the Anadromous Fish Research Center, and $250,000 for 
     cooperative research units. The managers understand that the 
     reduction to the Klamath basin study is offset by an internal 
     reprogramming in the current fiscal year. The managers direct 
     the Survey to continue to pursue ongoing chronic wasting 
     disease research nationwide and to continue to work with the 
     Southeastern Cooperative Wildlife Disease Study. Within the 
     funds available for invasive species studies, the managers 
     expect the Survey to continue its cooperative program with 
     Mississippi State University at no less that the fiscal year 
     2004 enacted level.
       Enterprise Information.--Changes to the House level for 
     enterprise information include increases of $500,000 for 
     certification and accreditation of information technology 
     systems, $300,000 for accessible data transfer and $50,000 
     for the enterprise services network.
       Science Support.--The change to the House level for science 
     support is a decrease of $1,000,000 for financial management 
     improvements.
       Facilities.--There are no changes to the House funding 
     level for facilities activities. The conference agreement 
     also retains language proposed in the House bill designating 
     $1,600,000 from within amounts provided to remain available 
     until expended for deferred maintenance and capital 
     improvement projects exceeding $100,000. The managers have 
     not agreed to provide base funding to the Lake Ponchartrain 
     restoration project.
       Other.--The managers note that, unless otherwise specified, 
     funding levels for ongoing projects included in the 
     conference agreement as proposed by the Senate should reflect 
     reductions that resulted from fiscal year 2004 rescissions.


                       ADMINISTRATIVE PROVISIONS

       The conference agreement includes language proposed by the 
     House that provides work injury and travel benefits to 
     students.

                      Minerals Management Service


                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

       The conference agreement provides $169,175,000 for royalty 
     and offshore minerals management instead of $171,575,000 as 
     proposed by the House and $171,175,000 as proposed by the 
     Senate. The managers agree to the following changes to the 
     House recommendations:
       1. The leasing and environmental program includes an 
     earmark of $150,000 within available funds for the Alaska 
     Whaling Commission as proposed by the Senate.
       2. Resource evaluation includes increases of $900,000 for 
     the Center for Marine Resources, MS and $900,000 for the 
     Marine Mineral Technology Center, AK as proposed by the 
     Senate .
       3. The regulatory program includes an increase of $600,000 
     as proposed by the Senate for the Offshore Technology 
     Research Center, TX, and $1,000,000 for hurricane related 
     studies and for extra expenses of deepwater helicopter 
     operations.
       4. Compliance and asset management is reduced by 
     $5,800,000. The managers understand that the agency will 
     realize savings in this program for fiscal year 2005 such 
     that this reduction will not reduce program capability. 
     Compliance and asset management is reduced accordingly, but 
     approximately $1,000,000 should be designated for section 
     202/205 cooperative audits with the States.
       5. The MMS should reprogram funds for e-government 
     initiatives relating to disaster management and ``SAFECOM'' 
     to the environmental studies program to help fund fixed 
     costs.
       Bill Language.--The managers accept the Senate proposed 
     bill language which deletes ``pilot'' in referring to the 
     royalty-in-kind program, allows payments to States under the 
     Mineral Leasing Act, and allows the MMS to recover certain 
     portions of the royalty-in-kind sales for costs directly 
     related to this program.


                           OIL SPILL RESEARCH

       The conference agreement provides $7,105,000 for oil spill 
     research as proposed by both the House and the Senate.

          Office of Surface Mining Reclamation and Enforcement


                       REGULATION AND TECHNOLOGY

       The conference agreement provides $109,905,000 for 
     regulation and technology as proposed by the Senate instead 
     of $108,905,000 as proposed by the House. This total includes 
     an indefinite appropriation estimated to be $100,000. The 
     agreement includes $1,000,000 as proposed by the Senate to 
     contract with the National Research Council for a review of 
     coal reserves, research, and technologies. The agreement also 
     directs the OSM to reprogram funds for e-government 
     initiatives relating to disaster management and ``SAFECOM'' 
     to help fund fixed costs.


                    ABANDONED MINE RECLAMATION FUND

       The conference agreement provides $190,863,000 for the 
     abandoned mine reclamation fund as proposed by the Senate 
     instead of $194,106,000 as proposed by the House. The 
     agreement directs the OSM to reprogram funds for e-government 
     initiatives relating to disaster management and ``SAFECOM'' 
     to help fund fixed costs. The managers note that bill 
     language within Title I, general provisions, provides an 
     extension until June 30, 2005, of the Secretary's authority 
     to collect fees pursuant to the Surface Mining Control and 
     Reclamation Act.


                        ADMINISTRATIVE PROVISION

       The conference agreement includes bill language recommended 
     in the request which allows funds available for the technical 
     innovation and professional services program to be used to 
     transfer title for certain computer devices to State and 
     Tribal regulatory and reclamation programs.

[[Page H10598]]

                        Bureau of Indian Affairs


                      OPERATION OF INDIAN PROGRAMS

       The conference agreement provides $1,955,047,000 for the 
     operation of Indian programs instead of $1,935,033,000 as 
     proposed by the House and $1,951,798,000 as proposed by the 
     Senate.
       Tribal Priority Allocations.--Changes to the House level 
     for tribal priority allocations include increases of 
     $3,000,000 for contract support costs and $2,000,000 for 
     welfare assistance.
       Other Recurring Programs.--Changes to the House level for 
     other recurring programs include increases of $10,500,000 for 
     tribally controlled community colleges, $98,000 for the 
     Alaska Sea Otter Commission, $790,000 for the Bering Sea 
     Fishermen's Association, $87,000 for the Intertribal Bison 
     Council, $346,000 for the Chugach Regional Resources 
     Commission, and a decrease of $2,000,000 for the 
     administrative cost grant fund.
       Non-recurring Programs.--Changes to the House level for 
     non-recurring programs include increases of $500,000 for the 
     Rocky Mountain Technology Foundation, $750,000 for the rural 
     Alaska fire program, $1,250,000 for the Salish and Kootenai 
     College nursing program (housing project), $392,000 for 
     Alaska legal services, and $1,000,000 for the Denali 
     Commission.
       Central Office Operations.--Changes to the House level for 
     central office operations include decreases of $2,000,000 for 
     the workforce initiative and $1,000,000 for information 
     resources technology.
       Special Programs and Pooled Overhead.--Changes to the House 
     level for special programs and pooled overhead include 
     increases of $500,000 for the United Tribes Technical 
     College, $450,000 for the United Sioux Tribes Development 
     Corporation, $442,000 for the Crownpoint Institute, 
     $1,250,000 for the Western Heritage Center distance learning 
     program, $750,000 for the Alaska native aviation program, and 
     $409,000 for e-government initiatives, and $500,000 for the 
     enterprise services network.
       Bill Language.--There is a statutory earmark of $1,000,000 
     for administrative cost grants to tribes for transitional 
     costs instead of $3,000,000 as proposed by the House and no 
     funding as proposed by the Senate.


                              CONSTRUCTION

       The conference agreement provides $323,626,000 for 
     construction instead of $348,626,000 as proposed by the House 
     and $283,126,000 as proposed by the Senate. Changes to the 
     House level include increases of $2,500,000 for the tribal 
     school demonstration program, $2,500,000 for facilities 
     maintenance of detention centers and a decrease of 
     $30,000,000 for school replacement construction.
       The managers have included bill language directing the 
     Bureau to provide $4,500,000 to the Eastern Band of Cherokee 
     education facility at the Ravensford tract, $4,000,000 for 
     the Sac and Fox Meskwaki settlement school and $4,000,000 for 
     the Twin Buttes elementary school on the Fort Berthold 
     Reservation within the Tribal School Demonstration Program.
       The managers have retained language included in the Senate 
     bill that allows the Secretary of the Interior to assume 
     control of construction projects if the tribes have not 
     completed planning, design, and initial construction within 
     18 months of the appropriation of funds.
       The managers have included bill language that allows the 
     Office of Special Trustee for American Indians to reimburse 
     the appropriate share of construction costs for space 
     expansion needs identified as a result of trust reform 
     implementation.
       The managers are aware of the significant problems with 
     Bureau owned detention centers, and have provided additional 
     funding for facilities and deferred maintenance of these 
     facilities. The managers urge the Department to address the 
     operations and maintenance of detention centers in future 
     budget submissions.


 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

       The conference agreement provides $44,771,000 for Indian 
     land and water claim settlements and miscellaneous payments 
     to Indians as proposed by the House instead of $34,771,000 as 
     proposed by the Senate.
       The managers have agreed to $10,032,000 for the Quinault 
     Indian Nation settlement. The managers have retained the 
     Senate bill language which contained minor technical 
     differences from the House.
       The managers recognize that the Department of the Interior 
     is working with Northwest Indian tribes and the shellfish 
     industry to complete the historic Washington State shellfish 
     settlement agreement and secure funding for it. This 
     agreement represents nine years of hard, cooperative work by 
     the Tribes and the shellfish industry. The managers support 
     this effort and encourage the Department and all parties to 
     continue working together to finalize the settlement in a 
     timely manner. The managers agree that the Administration 
     should provide funding for settlements such as these in the 
     annual budget submission as the managers do not foresee 
     having funds above the requested level for new settlements.


                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

       The conference agreement provides $6,421,000 for the Indian 
     guaranteed loan program as proposed by both the House and the 
     Senate. The managers have retained the House bill language 
     which contained minor technical differences from the Senate.


                       ADMINISTRATIVE PROVISIONS

       Bill Language.--The conference agreement includes language 
     that allows certain tribes to continue to receive contract 
     support as a supplement to administrative cost grants.

                          DEPARTMENTAL OFFICES

                            Insular Affairs


                       ASSISTANCE TO TERRITORIES

       The conference agreement provides $76,255,000 for 
     assistance to territories instead of $74,935,000 as proposed 
     by the House and $74,255,000 as proposed by the Senate. 
     Changes in funding levels from the House recommendation 
     include the Senate recommendations for an additional $320,000 
     to continue judicial, court education, and court 
     administration training, and $1,000,000 for Marshall Islands 
     health care. The managers agree to the following:
       1. Although the agreement does not include bill language 
     proposed by the Senate designating a specific funding level 
     for a grant to the Close Up Foundation, the managers do 
     support this effort and expect the Secretary to designate 
     approximately $750,000 for this program.
       2. The OIA should reprogram funds for e-government 
     initiatives relating to disaster management and ``SAFECOM'' 
     to help fund fixed costs.
       3. The conference agreement includes $1,000,000 for 
     payments to replace the Prior Service Trust Fund as proposed 
     by the House. The managers direct the Department to work with 
     the Prior Service Benefits Board of Directors to reach an 
     agreement as soon as possible, but no later than October 1, 
     2005, to replace the Prior Service Trust Fund. Such agreement 
     shall provide for: (a) the pension systems of Palau, CNMI, 
     RMI and FSM to assume responsibility for the enrollees of the 
     Prior Service Benefits Trust Fund; (b) the allocation of 
     potential future U.S. funding, if appropriated, among these 
     four pension systems and payment of their benefits; (c) a 
     reasonable transition overhead rate; (d) appropriate changes 
     in benefits, if any; and (e) for the termination of 
     certification and enrollment of new beneficiaries by March 
     31, 2005. The managers also direct that this $1,000,000 in 
     funding should be reprogrammed for general technical 
     assistance uses if no agreement can be reached.
       4. The conference agreement includes $1,000,000 to assist 
     health care programs on the Marshall Islands as proposed by 
     the Senate. These instructions replace the Senate direction. 
     These funds shall first be used to provide primary health 
     care to members of the Enewetak, Bikini, Rongelap and Utrik 
     communities who currently reside on Enewetak Atoll, Kili 
     island, Mejetto island, Rongelap Atoll following 
     resettlement, and Utrik Atoll. Such primary medical care 
     shall consist of a clinic with at least one doctor and an 
     assistant, and necessary supplies and logistical support. If 
     excess funds are available, these funds may be used to 
     augment primary healthcare for members of these communities 
     who get primary healthcare services from the facilities in 
     Ebeye and Majuro.
       5. The managers have included $1,000,000 to continue work 
     on water system rehabilitation in the CNMI. The managers note 
     that the Army Corps of Engineers has completed a 
     comprehensive water infrastructure study that has identified 
     and prioritized over $200,000,000 in essential needs. The 
     magnitude of this need far exceeds any possible resolution 
     from funds made available to the Interior and Related 
     Agencies Subcommittee on Appropriations. Existing 
     programmatic expertise of other Federal agencies is not being 
     used fully, as evidenced in the delays in completing the 
     Kagman water project by the Department of Agriculture. 
     Accordingly, the managers direct the Secretary of the 
     Interior to prepare, in consultation with the Interagency 
     Group on Insular Areas, a comprehensive, coordinated and 
     detailed implementation program for the plans developed by 
     the Army Corps of Engineers by July 31, 2005. To develop this 
     program the Secretary shall look to authorities of the Corps 
     of Engineers under the Secretary of the Army, the Bureau of 
     Reclamation within the Department of the Interior, the 
     various programs under the Secretary of Agriculture, 
     authorities available to the Administrator of the 
     Environmental Protection Agency, and authorities available 
     under any other agency dealing with water infrastructure. The 
     Secretary shall provide the House and Senate Committees on 
     Appropriations with an implementation plan that fully 
     utilizes and coordinates those authorities to ensure that the 
     goals of the plan are achieved in a timely, cost-effective 
     manner. The managers expect the implementation plan to 
     identify projects, responsible agency, funding needs, 
     implementation schedule, any statutory or other changes 
     necessary to implement the program, and a specific time table 
     for full completion.


                      COMPACT OF FREE ASSOCIATION

       The conference agreement provides $5,499,000 for the 
     compact of free association as proposed by the House instead 
     of $5,400,000 as proposed by the Senate. The conference 
     agreement follows the funding recommendations made by the 
     House.

                        Departmental Management


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $90,855,000 for 
     departmental management instead of $79,551,000 as proposed by 
     the House and $81,608,000 as proposed by the Senate.

[[Page H10599]]

     The changes described below are to the House recommended 
     funding level.
       Management and Coordination.--Increases include $750,000 
     for the financial and business management system, $10,500,000 
     to restore partially funds cut on the House floor for motor 
     vehicle lease, purchase or services costs, and $54,000 for E-
     government initiatives.
       Bill Language.--The conference agreement retains the 
     language proposed in the Senate bill directing the transfer 
     of $13,500,000 from unobligated balances in the Central 
     Hazardous Materials Fund. The conference agreement modifies 
     the language proposed in the House bill reducing amounts 
     otherwise appropriated for motor vehicle lease, purchase or 
     service costs. The modification changes $13,500,000 to 
     $3,000,000.


                       PAYMENTS IN LIEU OF TAXES

       The conference agreement provides $230,000,000 for payments 
     in lieu of taxes as proposed by the Senate instead of 
     $226,000,000 as proposed by the House.

                        Office of the Solicitor


                         SALARIES AND EXPENSES

       The conference agreement provides $52,384,000 for the 
     office of the solicitor instead of $51,356,000 as proposed by 
     the House and $53,053,000 as proposed by the Senate. The 
     changes described below are to the House recommended funding 
     level.
       Legal Services.--Increases include $446,000 for paralegal 
     and support positions, $300,000 for legal staff support, and 
     $186,000 for uncontrollable fixed costs.
       General Administration.--Increases include $15,000 for E-
     government initiatives and $78,000 for fixed costs.
       Ethics Office.--Increases include $3,000 for fixed costs.

                      Office of Inspector General


                         SALARIES AND EXPENSES

       The conference agreement provides $37,800,000 for office of 
     inspector general, instead of $37,655,000 as proposed by the 
     House and $38,100,000 as proposed by the Senate. The changes 
     described below are to the House recommended funding level.
       Audits.--Changes include an increase of $237,000 for fixed 
     costs and a decrease of $100,000 for non-traditional audit 
     staff.
       Investigations.--Changes include an increase of $165,000 
     for fixed costs and a decrease of $172,000 for law 
     enforcement equipment replacement.
       Administrative Services and Information Management.--
     Changes include increases of $105,000 for fixed costs and 
     $10,000 for E-government initiatives, and a decrease of 
     $100,000 for IT standardization.

             Office of Special Trustee for American Indians


                         FEDERAL TRUST PROGRAMS

       The conference agreement provides $196,267,000 for Federal 
     trust programs as proposed by both the House and the Senate. 
     The managers have retained language contained in the Senate 
     bill that caps the amount of funding that can be used for 
     historical accounting activities at $58,000,000.


                       INDIAN LAND CONSOLIDATION

       The conference agreement provides $35,000,000 for Indian 
     land consolidation programs instead of $42,000,000 as 
     proposed by the House and $50,000,000 as proposed by the 
     Senate. The managers are concerned about recent events in the 
     courts that will likely slow the process of Indian land 
     consolidation and reduce the ability of the Department of the 
     Interior to obligate funds for acquisition of lands. The land 
     consolidation program has the potential to resolve many of 
     the contentious issues surrounding Indian trust management. 
     The actions of the court concerning notifying Indian 
     landowners of ongoing litigation will undoubtedly slow the 
     process of consolidation of lands.
       Bill Language.--The managers have retained bill language 
     included by the Senate that allows Indian land consolidation 
     funds to be transferred to the Bureau of Indian Affairs and 
     Departmental Management accounts. The House had no similar 
     provision.

           Natural Resource Damage Assessment and Restoration


                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

       The conference agreement provides $5,818,000 for the 
     natural resource damage assessment fund as proposed by both 
     the House and the Senate.

             General Provisions, Department of the Interior

       Sec. 101. The conference agreement modifies the text of 
     Senate section 101 correcting the reference to the budget 
     agreement in providing Secretarial authority to transfer 
     program funds for emergencies. The House had a similar 
     provision in section 101 of the House bill.
       Sec. 102. The conference agreement modifies the text of 
     Senate section 102 correcting the reference to the budget 
     agreement in providing for expenditure or transfer of funds 
     by the Secretary for natural disasters. The House had a 
     similar provision in section 102 of the House bill.
       Sec. 103. The conference agreement retains the language 
     proposed in section 103 of the House bill providing for use 
     of appropriated funds for operation of garages, shops, 
     warehouses, and similar facilities. The Senate had a similar 
     provision in section 103 of the Senate bill.
       Sec. 104. The conference agreement retains an identical 
     provision in section 104 of both the House and Senate bills, 
     providing for vehicle and other services.
       Sec. 105. The conference agreement retains the language 
     proposed in section 105 of the House bill making permanent 
     the use of appropriated funds to purchase uniforms or to 
     provide a uniform allowance. The Senate had a similar 
     provision in section 105 of the Senate bill.
       Sec. 106. The conference agreement retains the language 
     proposed in section 106 of the House bill making permanent a 
     provision that contracts issued for services and rentals with 
     appropriated funds be in effect for a period not to exceed 12 
     months. The Senate had a similar provision in section 106 of 
     the Senate bill.
       Sec. 107-109. The conference agreement retains identical 
     provisions in sections 107-109 of both the House and Senate 
     bills, prohibiting the expenditure of funds for Outer 
     Continental Shelf (OCS) leasing activities in certain areas.
       Sec. 110. The conference agreement retains a provision in 
     section 110 of the House bill prohibiting the National Park 
     Service from reducing recreation fees for non-local travel 
     through any park unit. The Senate had no similar provision.
       Sec. 111. The conference agreement retains the language 
     proposed in section 111 of the House bill that makes 
     permanent a provision limiting the investment of Federal 
     funds by tribes or tribal organizations. The Senate had a 
     similar provision in section 110 of the Senate bill.
       Sec. 112. The conference agreement retains a provision in 
     section 112 of the House bill permitting the transfer of 
     funds between the Bureau of Indian Affairs and the Office of 
     Special Trustee for American Indians. The Senate had an 
     identical provision in section 111 of the Senate bill.
       Sec. 113. The conference agreement retains a provision in 
     section 113 of the House bill continuing a provision allowing 
     the hiring of administrative law judges to address the Indian 
     probate backlog. The Senate had an identical provision in 
     section 112 of the Senate bill.
       Sec. 114. The conference agreement retains a provision in 
     section 114 of the House bill continuing a provision 
     permitting the redistribution of tribal priority allocation 
     and tribal base funds to alleviate funding inequities. The 
     Senate had an identical provision in section 113 of the 
     Senate bill.
       Sec. 115. The conference agreement retains a provision in 
     section 115 of the House bill continuing a provision 
     requiring the allocation of Bureau of Indian Affairs 
     postsecondary schools funds consistent with unmet needs. The 
     Senate had an identical provision in section 114 of the 
     Senate bill.
       Sec. 116. The conference agreement retains the language 
     proposed in section 115 of the Senate bill that makes 
     permanent a limitation on the use of the Huron Cemetery in 
     Kansas. The House had a similar provision in section 116 of 
     the House bill.
       Sec. 117. The conference agreement retains a provision in 
     section 117 of the House bill continuing a provision 
     permitting the conveyance of the Twin Cities Research Center 
     of the former Bureau of Mines for the benefit of the National 
     Wildlife Refuge System. The Senate had an identical provision 
     in section 116 of the Senate bill.
       Sec. 118. The conference agreement retains the language 
     proposed in section 119 of the House bill making permanent a 
     provision permitting the Bureau of Land Management to retain 
     funds from the sale of seeds and seedlings. The Senate had a 
     similar provision in section 117 of the Senate bill.
       Sec. 119. The conference agreement retains a provision in 
     section 120 of the House bill continuing a provision 
     authorizing the Secretary of the Interior to use helicopters 
     or motor vehicles to capture and transport horses and burros 
     at the Sheldon and Hart National Wildlife Refuges. The Senate 
     had an identical provision in section 118 of the Senate bill.
       Sec. 120. The conference agreement modifies a provision in 
     section 119 of the Senate bill limiting the implementation of 
     Claims Maintenance and Location Fees and directs the Bureau 
     of Land Management to establish a permit tracking system. The 
     House had no similar provision.
       Sec. 121. The conference agreement modifies a provision in 
     section 120 of the Senate bill allowing certain funds 
     provided for land acquisition at the Shenandoah Valley 
     Battlefield NHD and Ice Age NST to be granted to a State, a 
     local government, or any other land management entity. The 
     House had a similar provision in section 121 of the House 
     bill.
       Sec. 122. The conference agreement retains a provision in 
     section 122 of the House bill continuing a provision 
     prohibiting the closure of the underground lunchroom at 
     Carlsbad Caverns NP, NM. The Senate had an identical 
     provision in section 121 of the Senate bill.
       Sec. 123. The conference agreement retains a provision in 
     section 123 of the House bill preventing the demolition of a 
     bridge between New Jersey and Ellis Island. The Senate had no 
     similar provision.
       Sec. 124. The conference agreement retains a provision in 
     section 125 of the House bill continuing a provision limiting 
     compensation for the Special Master and Court Monitor 
     appointed by the Court in Cobell v. Norton to 200 percent of 
     the highest Senior Executive Service rate of pay. The Senate 
     had an identical provision in section 122 of the Senate bill.
       Sec. 125. The conference agreement retains a provision in 
     section 126 of the House bill

[[Page H10600]]

     continuing a provision allowing the Secretary to pay private 
     attorney fees for employees and former employees incurred in 
     connection with Cobell v. Norton. The Senate had an identical 
     provision in section 123 of the Senate bill.
       Sec. 126. The conference agreement retains a provision in 
     section 127 of the House bill dealing with the U.S. Fish and 
     Wildlife Service's responsibilities for mass marking of 
     salmonid stocks. The Senate had no similar provision.
       Sec. 127. The conference agreement modifies a provision in 
     section 128 of the House bill dealing with paying for 
     operational needs at the Midway Atoll National Wildlife 
     Refuge airport using funds appropriated under the 
     ``Departmental Management, Salaries and Expenses'' 
     appropriation. The modification changes the word ``shall'' to 
     ``may''. The Senate had no similar provision.
       Sec. 128. The conference agreement retains a provision in 
     section 129 of the House bill prohibiting the conduct of 
     gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 
     et seq.) on lands described in section 123 of the Department 
     of the Interior and Related Agencies Appropriations Act, 
     2001, or land that is contiguous to that land. The Senate had 
     an identical provision in section 124 of the Senate bill.
       Sec. 129. The conference agreement retains a provision in 
     section 130 of the House bill continuing a provision 
     prohibiting the use of funds to study or implement a plan to 
     drain or reduce water levels in Lake Powell. The Senate had 
     an identical provision in section 125 of the Senate bill.
       Sec. 130. The conference agreement retains a provision in 
     section 131 of the House bill allowing the National Indian 
     Gaming Commission to collect $12,000,000 in fees for fiscal 
     year 2006. The Senate had an identical provision in section 
     126 of the Senate bill.
       Sec. 131. The conference agreement retains a provision in 
     section 127 of the Senate bill making funds available to the 
     tribes within the California Tribal Trust Reform Consortium 
     and others and separates this demonstration project from the 
     Department of the Interior's trust reform organization. The 
     House had a similar provision in section 132 of the House 
     bill.
       Sec. 132. The conference agreement modifies a provision in 
     section 128 of the Senate bill dealing with grazing permits 
     in the Jarbidge field office of the Bureau of Land 
     Management. The House had no similar provision.
       Sec. 133. The conference agreement modifies a provision in 
     section 130 of the Senate bill restoring mining claims voided 
     due to defective waivers of the mining maintenance fee. The 
     House had no similar provision.
       Sec. 134. The conference agreement retains a provision in 
     section 131 of the Senate bill allowing proceeds from the 
     University of Nevada at Las Vegas Foundation's research park 
     leases to be used to carry out the Foundation's research 
     mission. The House had no similar provision.
       Sec. 135. The conference agreement modifies a provision in 
     section 132 of the Senate bill extending the authority of the 
     Secretary of the Interior to collect fees pursuant to the 
     Surface Mining Control and Reclamation Act. The House had no 
     similar provision.
       Sec. 136. The conference agreement retains a provision in 
     section 133 of the Senate bill authorizing the Secretary of 
     the Interior to acquire lands for the operation and 
     maintenance of facilities in support of transportation of 
     visitors to Ellis, Governors, and Liberty Islands. The House 
     had no similar provision.
       Sec. 137. The conference agreement includes a new provision 
     to redesignate the ACE Basin National Wildlife Refuge, SC, as 
     the Ernest F. Hollings ACE Basin National Wildlife Refuge.
       Sec. 138. The conference agreement includes a new provision 
     to exempt certain coastal barrier property in South Carolina 
     from financial assistance and flood insurance limitations 
     under the Coastal Barriers Resources Act and the National 
     Flood Insurance Act of 1968.
       Sec. 139. The conference agreement includes a new provision 
     resolving a boundary encroachment on lands of the Union 
     Pacific Railroad Company in Tipton, California; requiring the 
     Secretary of the Interior to permit continued use and 
     occupancy of certain privately owned cabins in the Mineral 
     King Valley in the Sequoia National Park; and authorizing the 
     continued use of certain lands within the Sequoia National 
     Park by portions of an existing hydroelectric project.
       Sec. 140. The conference agreement includes a new provision 
     to designate certain lands within the Apostle Islands 
     National Lakeshore in the State of Wisconsin as the Gaylord 
     A. Nelson National Wilderness.
       Sec. 141. The conference agreement includes a new provision 
     regarding special use grazing permits on the Mojave National 
     Preserve, CA.
       Sec. 142. The conference agreement includes a new provision 
     amending Public Law 92-195 concerning the management of wild 
     horses and burros.
       Sec. 143. The conference agreement includes a new provision 
     excluding non-native migratory bird species from application 
     of certain prohibitions under the Migratory Bird Treaty Act.
       Sec. 144. Includes a new section transferring lands from 
     the Bureau of Land Management to the Department of Veterans 
     Affairs for construction of a new health facility, previously 
     announced by the Department.
       Sec. 145. The conference agreement includes a new provision 
     adjusting the boundary of the Cumberland Island Wilderness 
     and authorizing tours of the Cumberland Island National 
     Seashore.
       Sec. 146. The conference agreement includes a new provision 
     dealing with the 2004-2005 snowmobile season.
       The conference agreement does not include a provision 
     proposed in section 118 of the House bill authorizing a 
     cooperative agreement with the Golden Gate National Parks 
     Association, CA.
       The conference agreement does not include a provision 
     proposed in section 124 of the House bill prohibiting posting 
     of clothing optional signs at Canaveral NS, FL.
       The conference agreement does not include a provision 
     proposed in section 133 of the House bill limiting the use of 
     the National Mall for special events.
       The conference agreement does not include a provision 
     proposed in section 129 of the Senate bill amending Public 
     Law 104-208 to modify the authorized uses of franchise fund 
     proceeds.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest ServicE


                     FOREST AND RANGELAND RESEARCH

       The conference agreement provides $280,278,000 for forest 
     and rangeland research instead of $280,654,000 as proposed by 
     the House and $279,883,000 as proposed by the Senate. The 
     managers agree to the following changes to recommendations 
     that were proposed by the House:

------------------------------------------------------------------------
                                             Conference recommendation
                                         -------------------------------
           Project or activity              Change from
                                               House       Project total
------------------------------------------------------------------------
General decrease........................     -$1,800,000  ..............
Fixed costs.............................      -1,000,000      $6,109,000
Forest inventory and analysis...........       4,000,000      56,714,000
Advanced housing research consortium....        -300,000       1,300,000
Adelgid research NE station.............               0       1,500,000
Sudden oak death research...............               0       2,500,000
Emerald ash borer research in Ohio......        -250,000         250,000
Southern pine beetle initiative.........               0       2,000,000
Olympic Natural Resource Center, WA.....               0         300,000
Western Carolina Univ. biotechnology....        -988,000               0
Watershed condition research initiative.      -2,247,000       4,994,000
Invasive species initiative.............               0       1,081,000
Joe Skeen Inst. Montana St. Univ........         350,000         350,000
Forest Products Lab salvage lumber, WI..         600,000         600,000
NE States research cooperative..........          25,000       2,000,000
Baltimore urban watershed, MD...........           2,000         200,000
Fernow expt. forest hydrology, WV.......         230,000         230,000
Morgantown, WV pests & pathogens........           6,000         500,000
Sitka, AK lab...........................          14,000       1,130,000
Hardwood tree improvement & regen, IN...         921,000         921,000
Coweeta, technology transfer, NC........           4,000         300,000
Bent Cr. cumberland silviculture, NC....           4,000         300,000
Joe Skeen Inst. Range. Research, NM.....          53,000         300,000
Adelgid and insects in east research....               0               0
Coweeta hemlock wooly adelgid, NC.......               0         300,000
------------------------------------------------------------------------

       The managers also agree to the following:
       1. The Forest Service should clearly display in future 
     budget justifications the funding provided for various 
     Congressional priorities, and display what part of the 
     request includes funding for these items.
       2. The funding for emerald ash borer research shown in the 
     table above, $250,000, should be utilized in Ohio, and should 
     be in addition to other funding in the budget for ongoing 
     research on this pest at other locations.
       3. The funding remaining for the watershed condition 
     initiative should be reprogrammed

[[Page H10601]]

     for other, higher priority fundamental research efforts, not 
     including the FIA program.
       4. The previous table provided above supercedes the Senate 
     report instruction concerning funding levels and the across 
     the board cuts.
       5. The managers support funding, to the extent practicable, 
     for implementation of the rules and protocols for carbon 
     accounting as part of the climate change initiative.


                       STATE AND PRIVATE FORESTRY

       The conference agreement provides $296,626,000 for State 
     and private forestry instead of $282,446,000 as proposed by 
     the House and $291,169,000 as proposed by the Senate. Funding 
     for this appropriation should follow the House 
     recommendations unless otherwise instructed herein.
       Forest Health Management.--The conference agreement 
     provides $55,000,000 for Federal lands forest health 
     management as proposed by the House instead of $46,012,000 as 
     proposed by the Senate. The conference agreement includes 
     $48,300,000 for cooperative lands forest health management 
     instead of $48,000,000 as proposed by the House and 
     $35,214,000 as proposed by the Senate. The change from the 
     House recommendation is the addition of $300,000 for Vermont 
     forest monitoring as proposed by the Senate.
       The managers do not agree to the specific allocation 
     providing funding for newly found pests or pathogens which 
     was proposed by the Senate. The managers agree that the 
     Forest Service should withhold a portion of forest health 
     funding from immediate distribution so it is available later 
     in the year to address new problems that may emerge. The 
     managers recommend that the Administration stop proposing an 
     emerging pest fund. The managers strongly encourage the 
     Administration to use the Secretary's authority under Public 
     Law 97-46 to fund the survey, evaluation, control and 
     management of unplanned, emerging pest occurrences from funds 
     available to the agencies or corporations of the Department 
     of Agriculture. This approach has been used in the past for 
     the Forest Service and has been used in previous years for 
     emergency pest projects by the Animal and Plant Health 
     Inspection Service.
       Cooperative Fire Assistance.--The conference agreement 
     includes $33,384,000 for State fire assistance instead of 
     $36,384,000 as proposed by the House and $30,000,000 as 
     proposed by the Senate. This allocation includes $5,000,000 
     as proposed by the House for urgent work near the San 
     Bernardino National Forest and a general program increase of 
     $2,000,000 above the House level. The managers do not agree 
     to the specific allocation proposed by the House for 
     community wildfire protection plans, but the managers do 
     agree that this approach is of utmost importance and urge the 
     Forest Service and the States to give this effort a very high 
     priority.
       The conference agreement includes $6,000,000 for volunteer 
     fire assistance as proposed by the Senate instead of 
     $5,443,000 as proposed by the House. The conference agreement 
     also includes additional funds for State fire and volunteer 
     fire assistance as part of the national fire plan funding 
     within the wildland fire management account.
       Forest Stewardship.--The conference agreement includes 
     $32,775,000 for forest stewardship instead of $37,000,000 as 
     proposed by the House and $33,000,000 as proposed by the 
     Senate. Changes from the House recommendations include a 
     reduction of $275,000 for Chesapeake Bay forestry for a total 
     of $1,225,000, a reduction of $3,000,000 for community 
     wildfire plans as proposed by the Senate, and a general 
     decrease of $950,000 as proposed by the Senate. Although 
     there is no specific allocation for community wildfire plans, 
     the managers strongly support this activity and encourage the 
     Forest Service and the States to pursue this work. The 
     managers have provided adequate funds within the forest 
     stewardship program to begin an update of the Highlands 
     Regional Study in order to identify high priority areas, 
     including important conservation areas in Pennsylvania, to 
     help ensure the health and sustainability of these sites 
     through management, protection and wise use. The managers 
     note that there is no funding for a grant for the Downeast 
     Lakes forestry partnership and that forest stewardship funds 
     should never be used for land acquisition or acquisition of 
     interests in lands.
       Forest Legacy Program.--The conference agreement includes 
     $57,939,000 for the forest legacy program instead of 
     $43,119,000 as proposed by the House and $76,329,000 as 
     proposed by the Senate. These funds are derived from the Land 
     and Water Conservation Fund. The conference agreement 
     includes the following distribution of funds for the forest 
     legacy program:

        State and project                                    Conference
TN  Walls of Jericho.........................................$3,500,000
AL  Mobile Tensaw Delta.......................................1,200,000
MT  Blackfoot--Clearwater.....................................3,300,000
NJ  Raritan River Watershed...................................3,800,000
MT  North Swan River Valley...................................3,000,000
WA  Cedar Green Forest........................................1,600,000
WI  Wolf River................................................2,000,000
WV  Potomac River Hills.......................................1,000,000
AL  Cumberland Mountain, Miller-Maxwell.......................1,200,000
DE  Green Horizons............................................1,000,000
VA  Dragon Run..................................................600,000
VI  Annaly Bay/Hermitage Valley.................................500,000
SC  Catawba-Wateree Forest....................................3,000,000
ME  Katahdin Forest...........................................4,500,000
NM  Horse Springs Ranch.......................................2,500,000
WI  Tomahawk--Northwoods--III.................................2,000,000
CO  Banded Peaks..............................................1,600,000
ME  Sebago Lands................................................500,000
MA  Stock Mountain North........................................375,000
WA  Carbon River Forest, phase 1..............................1,300,000
KY  Knobs State Forest (Kuhn's tract).........................1,200,000
CA  Six Rivers to the Sea.....................................2,300,000
IA  NE Upper Bluffs.............................................550,000
UT  Pioneer Ranch...............................................750,000
NY  Tahawus...................................................1,700,000
VT  Mt. Holly Wildlife Corridor II..............................500,000
MN  Brainerd Lakes............................................2,000,000
ID  St. Joe Basin, phase 3....................................3,500,000
MA  Muschopauge Brook...........................................400,000
VA  The Cove....................................................240,000
TN  Scott's Gulf..............................................1,500,000
RI  Hoxie Farm..................................................850,000
NH  Thirteen Mile Woods II....................................2,000,000
VT  Orange County Headwaters (Meadowsend).......................450,000
NH  Trout Pond................................................1,200,000
VT  Chittenden................................................1,220,000
FL  New State Start-up..........................................500,000
OH  New State Start-up..........................................500,000
TX  New State Start-up..........................................500,000
Use of prior year funds......................................-7,300,000
Forest Legacy Program Administration, Acquisition Management, and 
  Assessment of Need Planning.................................4,904,000
                                                       ________________
                                                       
    Total, Forest Legacy.....................................57,939,000
       The conference agreement retains bill language proposed by 
     the House requiring notification of the Committees on 
     Appropriations when the Forest Service makes funds available 
     for specific forest legacy projects. The managers note that 
     funds are not provided within the forest legacy program for 
     the Senate proposed Mirror Lake project, NH. However, within 
     the economic action program the conference agreement includes 
     a grant to the Hubbard Brook Foundation to help conserve this 
     area.
       Urban and Community Forestry.--The conference agreement 
     includes $32,400,000 for the urban and community forestry 
     program instead of $32,000,000 as proposed by the House and 
     $33,111,000 as proposed by the Senate. Changes from the House 
     recommendation for this activity include a decrease of 
     $100,000 for northeast PA community forestry for a total of 
     $500,000, and inclusion of Senate proposals of $350,000 for 
     the Chicago wilderness program, $150,000 for the urban 
     watershed forestry research and demonstration cooperative in 
     Baltimore, MD, and a $411,000 general program decrease.
       The conference agreement replaces instructions in both the 
     House and the Senate committee reports concerning the urban 
     and community forestry allocation methodology. The managers 
     have reviewed the allocation methodology for the urban and 
     community forestry program proposed by the Forest Service in 
     its report to the Committees on Appropriations. The managers 
     have been addressing this issue for several years and are 
     displeased with the slow rate of progress at implementing a 
     better performance based allocation method which also 
     includes a more fair assessment of State program needs and 
     capability. The managers understand that the timing of this 
     appropriation makes it more difficult for the Forest Service 
     to fully implement a performance based system in FY 2005. 
     Therefore, the managers direct the Forest Service to provide 
     quarterly updates to the House and Senate Committees on 
     Appropriations regarding the establishment of a performance 
     based allocation for the distribution of funds to the 
     regions, and that the new allocation methodology with this 
     modification be fully implemented in fiscal year 2006. The 
     managers expect allocations for fiscal year 2005 to the 
     States to remain at the levels as recommended in the agency's 
     report.
       Economic Action Programs.--The conference agreement 
     includes $19,300,000 for the economic action programs instead 
     of $10,000,000 as proposed by the House and $19,975,000 as 
     proposed by the Senate. The managers have provided $500,000 
     for the Hinkle Creek project, OR, with the understanding that 
     no further funding will be made available for this program. 
     The conference agreement includes bill language concerning a 
     $2,000,000 direct payment for the Kake land exchange, AK and 
     a direct payment of $1,500,000 to Canton, NC for wood 
     products wastewater repairs. The funds for the education and 
     research consortium of western North Carolina should include 
     the Pisgah Forest Institute, and allow expansion of the 
     education initiative to appropriate institutions with natural 
     resources expertise in Pennsylvania and northern California. 
     The conference agreement includes the following distribution 
     of funds:

        Program/Project                                      Conference
Economic Recovery Program....................................$5,000,000
WA state rural technology initiative............................600,000
KY mine reforestation...........................................500,000
Syracuse SUNY forestry technology...............................600,000
Pisgah forest envir. Ed, ERC, NC..............................2,000,000

[[Page H10602]]

NC Inst. Forest Biotech. heritage trees.........................200,000
Allegheny NF area, PA tourism...................................250,000
South Lake Tahoe MTBE study, CA NV..............................500,000
Chugach Avalanche Center, AK....................................200,000
Ketchikan Wood Tech. Center, AK.................................750,000
Vermont Wood Products Collaborative.............................500,000
North Carolina St./Forest res. & wood prods.....................500,000
Fuels-in-schools biomass program, MT..........................1,500,000
Kake Land Exchange, AK........................................2,000,000
Alabama rural economic action...................................500,000
Hinkle Creek, OR watershed study................................500,000
University of Idaho, Mica Cr....................................250,000
Northern Forests Partnership program, NH........................200,000
Utah Rural Development Council..................................400,000
Hubbard Brook Foundation, Mirror Lake, NH.......................750,000
Canton, NC wood products wastewater repair....................1,500,000
New England value added wood products, MA.......................100,000
                                                       ________________
                                                       
  Total, Economic Action Programs...........................$19,300,000

       Forest Resource Information and Analysis.--The conference 
     agreement includes $5,028,000 for forest resource information 
     and analysis as proposed by the Senate instead of $9,000,000 
     as proposed by the House. Additional information concerning 
     the FIA program is under the forest and rangeland research 
     heading.
       International Program.--The conference agreement includes 
     $6,500,000 for the International program as proposed by both 
     the House and the Senate. The managers agree with the Senate 
     comments on forest sustainability and certification, but 
     clarify that the Forest Service is encouraged to fund 
     projects which promote overall environmental benefits 
     provided by the use of credible, sustainable forest 
     management and forest certification programs, and the Forest 
     Service should not give a specific preference for any 
     particular certification program.


                         NATIONAL FOREST SYSTEM

       The conference agreement provides $1,400,260,000 for the 
     national forest system instead of $1,399,599,000 as proposed 
     by the House and $1,387,149,000 as proposed by the Senate.
       Funds should be distributed as follows:

Land management planning....................................$64,057,000
Inventory and monitoring....................................169,659,000
Recreation, heritage & wilderness...........................260,969,000
Wildlife & fish habitat management..........................136,647,000
Grazing management...........................................48,711,000
Forest products.............................................277,097,000
Vegetation & watershed management...........................192,285,000
Minerals and geology management..............................56,532,000
Landownership management.....................................93,427,000
Law enforcement operations...................................87,226,000
Vales Calderas National Preserve, NM..........................3,650,000
Centennial of Service challenge..............................10,000,000
                                                       ________________
                                                       
    Total.................................................1,400,260,000
       The following discussion describes funding changes from the 
     House passed bill.
       Land Management Planning.--This activity includes $400,000 
     for the senvironmental training program proposed by the 
     Senate and the Senate proposed general decrease of $400,000.
       Inventory and Monitoring.--The agreement does not include a 
     special allocation for multi-party monitoring, although the 
     managers do support this activity. The managers encourage 
     various groups to participate in collaborative planning and 
     engage in monitoring and note that fund transfers for 
     monitoring are not limited to groups which were participants 
     in the planning process.
       Recreation, Heritage, and Wilderness Management.--The 
     conference agreement includes a decrease of $1,375,000 below 
     the House recommended level, which is an increase of 
     $3,625,000 above the request and the Senate recommendation. 
     The managers note that the current eruptive activity at Mt. 
     St. Helens National Volcanic Monument has greatly increased 
     the need for visitor services as well as media and science 
     program support and emergency readiness. In addition, the 
     managers note that May 18, 2005, will be the 25th anniversary 
     of the catastrophic blast. The managers encourage the Forest 
     Service to consider the use of $2,000,000 of the increased 
     funding above the request for this activity to support 
     activities at the Monument. The Forest Service should use 
     emergency incident funding sources when needed during 
     eruptive episodes to assure proper and safe management of the 
     public.
       Wildlife and Fish Habitat Management.--This activity 
     includes the Senate proposed increase of $250,000 for the 
     Batten Kill River, VT, and a general program decrease of 
     $125,000.
       Forest Products.--The managers agree to the Senate proposed 
     earmark in bill language of $5,000,000 for Tongass national 
     forest timber sales preparation. The agreement does not 
     include a special allocation for restoration projects as 
     proposed by the Senate, although the managers agree that this 
     is a very important use of funds and have included an 
     increase above the request which may be used for such 
     purposes. The managers clarify that the required report on 
     timber sale claims proposed by the Senate should deal with 
     those years where the data are available. The managers agree 
     that the forestry work on the Lincoln NF, NM should be done 
     cooperatively with the Mescalero Apache tribe when 
     practicable and consistent with national forest system 
     regulations and procedures.
       Vegetation and Watershed Management.--The managers include 
     a total of $1,000,000 for Wayne NF, OH watershed recovery but 
     do not agree with the Colville NF allocation. The agreement 
     includes Senate proposed funding of $1,000,000 for the 
     Tongass national forest, AK, pre-commercial thinning, 
     $350,000 for leafy spurge eradication in North Dakota, and a 
     general decrease of $2,500,000. No specific appropriated 
     allocation is designated for the Lake Tahoe basin.
       Law Enforcement.--This activity includes a decrease of 
     $100,000 for Daniel Boone NF, KY, drug control.
       Valles Caldera National Preserve.--The conference agreement 
     includes the funding level and bill language as proposed by 
     the Senate. The managers direct the Forest Service and the 
     board of the preserve to provide the House and Senate 
     Committees on Appropriations with an annual report depicting 
     operations, deferred maintenance, and capital infrastructure 
     needs over a 5-year time frame. This should be prioritized, 
     and should explain how the individual projects relate to 
     health and safety and to other aspects of the preserve's 
     goals. The first report should be presented by April 30, 
     2005, and thereafter, reports should be included in the 
     annual budget justifications, and the reports should include 
     annual summaries of past accomplishments.


                        WILDLAND FIRE MANAGEMENT

       The conference agreement provides $1,727,008,000 for 
     wildland fire management instead of $1,734,865,000 as 
     proposed by the House and $1,703,897,000 as proposed by the 
     Senate. The managers note that Title IV also includes a 
     special allocation of $400,000,000 for urgent wildfire 
     suppression under certain circumstances.
       Wildfire Preparedness.--The agreement includes $686,000,000 
     for preparedness as proposed by the Senate instead of 
     $693,627,000 as proposed by the House. The managers reiterate 
     the direction contained in the House and Senate reports 
     regarding the need to maintain the level of fire readiness 
     accomplished in fiscal year 2004. The managers note that the 
     grounding of large airtankers this past season, and the need 
     to assure the availability of effective aviation firefighting 
     assets in fiscal year 2005 and beyond creates additional 
     demands on limited wildfire preparedness and suppression 
     funding. Accordingly, in order to assure a preparedness level 
     equal to that attained in fiscal year 2004, the managers 
     direct the Forest Service to charge expenses to wildfire 
     suppression for unplanned costs related to the grounding of 
     airtankers, and for the unplanned additional costs necessary 
     to assure sufficient aviation resources are available to 
     maintain initial attack capability and suppress wildfires.
       Wildfire Suppression Operations.--The conference agreement 
     includes $658,000,000 for suppression operations as proposed 
     by the House instead of $658,400,000 as proposed by the 
     Senate. The managers have provided the full amount of the ten 
     year average cost of wildfire suppression, an increase of 
     $60,870,000 above the fiscal year 2004 funding level.
       The managers concur with concerns expressed in the House 
     and Senate reports regarding the need to control suppression 
     costs. The managers are concerned that effective performance 
     measures are not in place on an inter-agency basis to report 
     on suppression costs. It is imperative that the Secretaries 
     establish appropriate performance metrics promptly. This 
     includes the integration of reporting systems, implementation 
     of policies through the Wildland Fire Leadership Council for 
     cost reporting, and responding to findings of the independent 
     cost control review panel established under Public Law 108-
     287. The managers direct the Secretaries to submit a report 
     no later than June 30, 2005, on performance measures planned 
     for implementation in fiscal year 2006 to be used on an 
     inter-agency basis. In the interim, the managers have 
     modified language for reporting wildfire suppression costs in 
     fiscal year 2005 as follows: (1) Average cost per fire using 
     a statistically representative sample, stratified as follows: 
     small (<300 acres), medium (300-20,000 acres), and large 
     (>20,000 acres) fires not contained in initial attack; (2) 
     cost per acre burned, using a statistically representative 
     sample for fires not contained in initial attack stratified 
     by small, medium, and large; and (3) the percentage of fires, 
     using a statistically representative sample, not contained in 
     initial attack that exceed a ``stratified fire cost index.'' 
     This index would take into account known fire characteristics 
     that affect expenditures; specifically, fire intensity, size, 
     Forest Service region and proximity to communities, using 
     historical cost per acre as a basis. In addition, the mangers 
     direct the Forest Service to develop and implement

[[Page H10603]]

     direction for identifying a ``most cost effective'' wildland 
     fire situation analysis alternative no later than October 1, 
     2005, and report the percentage of fire events that adopt 
     this alternative under the wildland fire situation analysis 
     computer decision support system beginning in fiscal year 
     2006.
       The managers concur with the Senate direction concerning 
     the preparation of a strategic plan for fire and aviation 
     resources. The managers expect that the plan will indicate 
     the costs associated with determining the useful life of the 
     P-2V air tanker.
       Other Wildfire Operations.--The conference agreement 
     includes $383,008,000 for other fire operation activities 
     instead of $383,238,000 as proposed by the House and 
     $359,497,000 as proposed by the Senate. The allocation of 
     this funding is as follows:

        Program                                                  Amount
Hazardous fuels............................................$266,238,000
Rehabilitation & restoration.................................13,000,000
Research & development.......................................22,025,000
Joint fire science............................................8,000,000
Forest health management--Federal............................15,000,000
Forest health management--cooperative........................10,000,000
State and community fire assistance..........................40,745,000
Volunteer fire assistance.....................................8,000,000
                                                       ________________
                                                       
  Total other wildfire operations...........................383,008,000

       The conference agreement includes $266,238,000 for 
     hazardous fuels treatments as proposed by the House and the 
     Senate, an increase of $32,758,000 over the fiscal year 2004 
     level. This allocation includes the Senate proposals of 
     $1,000,000 for the Chugach NF, AK and $1,500,000 for the 
     Santa Fe watershed, NM. The managers have not included a 
     specific amount for the Lake Tahoe basin. The managers have 
     not included a specific allocation for the Ecological 
     Restoration Institute, AZ, but the managers understand that 
     the Forest Service plans to work with the Institute on a 
     variety of projects. The managers have included bill language 
     making up to $5,000,000 of hazardous fuels funds available 
     for making grants to promote the economical removal of 
     biomass from national forest lands. The managers direct the 
     Forest Service to develop this program with the clear intent 
     to make grants that will result in increased commercial use 
     of biomass products, and which will thereby result in reduced 
     overall hazardous fuels program costs. The managers further 
     direct that a report detailing the progress of this effort 
     shall be submitted to the House and Senate Committees on 
     Appropriations no later than six months after the enactment 
     of this Act. Bill language proposed by the House concerning 
     hazardous fuels contracting authorities is deleted as 
     recommended by the Senate because these authorities are 
     contained within a Title III general provision.
       The conference agreement includes $13,000,000 for 
     rehabilitation and restoration activities as proposed by the 
     House. The managers direct that $2,000,000 be made available 
     to the native plant materials program to be used in 
     conjunction with the similar effort at the Department of the 
     Interior under the joint guidance of the interagency plant 
     conservation alliance.
       The conference agreement includes $22,025,000 for research 
     and development activities. Changes from the House proposal 
     include increases of $1,300,000 for the University of Montana 
     landscape analysis center and $200,000 for the related 
     University of Idaho project and a $2,475,000 general program 
     decrease.
       The conference agreement includes $15,000,000 for Federal 
     forest health activities and $10,000,000 for cooperative 
     forest health activities as proposed by the House. These 
     funds should be used for high priority work, as part of the 
     national fire plan, to implement activities which restore 
     forests and reduce wildfire danger to natural resources and 
     communities.
       The managers have included $40,745,000 for State and 
     community fire assistance. Changes from the House 
     recommendation include increases of $2,100,000 for the Alaska 
     Kenai Peninsula Borough, $1,500,000 to the Municipality of 
     Anchorage, $1,600,000 for the Matanuska-Susitna Borough, AK, 
     $1,000,000 for the Fairbanks North Star Borough, AK, and 
     $300,000 for the Cook Inlet tribal council, AK and a general 
     program decrease of $5,755,000 below the House level as 
     proposed by the Senate. Of the amount provided to the 
     Municipality of Anchorage, $1,000,000 shall be for the 
     Anchorage Soil and Water District for its Firewise program, 
     to be used solely for the removal of dead and dying trees and 
     to the maximum extent possible, local contractors should be 
     used. Each of the amounts in this paragraph shall be 
     distributed in the form of an advance direct lump sum 
     payment.
       Within the funds for State fire assistance, $200,000 should 
     be provided to Lincoln County, NV. The volunteer fire 
     assistance allocation is $8,000,000 as proposed by the House 
     and the Senate.


                  CAPITAL IMPROVEMENT AND MAINTENANCE

       The conference agreement provides $521,952,000 for capital 
     improvement and maintenance instead of $522,940,000 as 
     proposed by the House and $516,169,000 as proposed by the 
     Senate. The conference agreement provides for the following 
     distribution of funds:

        Activity/Project                                         Amount
Facilities:
  Maintenance...............................................$81,531,000
  Capital Improvement........................................95,524,000
                                              Congressional Priorities:
    Allegheny NF, PA..........................................2,800,000
    D. Boone NF, recreation improvements, KY....................600,000
    National Forests of North Carolina........................2,500,000
    Cherokee NF, TN.............................................900,000
    San Bernardino NF, CA.....................................2,000,000
    Tongass Admir. NM/Juneau RD admin site, AK................4,283,000
    Monongahela NF facilities, WV.............................1,960,000
    Chugach NF Valdez visitor center, AK........................500,000
    Smith County Lake, MS.......................................500,000
    Forest products lab durability test facility, WI..........1,000,000
    Ouachita NF visitor center and admin, OK..................1,500,000
    Mystic ranger station and research, additional funds, SD..1,200,000
    Log transfer facilities R10, AK...........................1,500,000
    Chugach NF Russian River interagency visitor center, AK...1,000,000
    Chugach NF & AK railroad backcountry whistlestop, AK......1,600,000
    Daniel Boone NF Fitchburg Furnace, KY.......................670,000
                                                       ________________
                                                       
      Subtotal Facilities...................................201,568,000
                                                       ================

Roads:
  Maintenance...............................................146,795,000
  Capital Improvement........................................76,291,000
                                              Congressional Priorities:
    Williams River & Spruce Knob roads, WV....................1,500,000
    Tongass NF, AK............................................5,000,000
                                                       ________________
                                                       
      Subtotal Road.........................................229,586,000
                                                       ================

Trails:
  Maintenance................................................39,013,000
                                              Congressional Priorities:
    FL National Scenic Trail....................................500,000
    Continental Divide Trail....................................500,000
    Pacific Crest National Scenic Trail.........................500,000
    Appalachian Trail............................................75,000
    Nez Perce Trail.............................................400,000
    North Country Trail..........................................75,000
    Other National and Historic Trails..........................433,000
  Capital Improvement........................................32,778,000
                                              Congressional Priorities:
    FL National scenic trail....................................500,000
    Continental Divide Trail..................................1,000,000
    Pacific Crest trail improvements, CA OR WA................1,000,000
                                                       ________________
                                                       
      Subtotal Trails........................................76,774,000
                                                       ================

Infrastructure Improvement:
  Fish Passage Barriers, R6 & R5..............................4,000,000
  Deferred Maintenance.......................................10,024,000
                                                       ________________
                                                       
    Subtotal Infrastructure Improvement......................14,024,000
                                                       ================

    Total, Capital Improvement and Maintenance..............521,952,000

       The managers agree with the overall program direction for 
     this account provided by both the House and the Senate. The 
     funds provided for the Allegheny NF include $230,000 for the 
     Kiasutha campground, $1,085,000 for Kinzua wolf run marina, 
     $285,000 for the Willow Creek ATV site, $200,000 for 
     Marienville district displays, and $1,000,000 for the 
     Bradford administrative site. The funds included for the 
     Daniel Boone NF are for the London Dock boat ramp and 
     completion of the Craigs Creek campground. The North Carolina 
     national forests funding includes $1,000,000 for the 
     Santeetlah phase III project, $500,000 for the Cradle of 
     Forestry roof repairs, and $1,000,000 for the Curtis Creek 
     recreation area, Wilson Creek access project. The Cherokee NF 
     funding includes $400,000 for Chilhowee campground 
     improvements, $350,000 for the Ocoee Whitewater Center 
     maintenance and interpretive upgrades, and $150,000 to 
     complete a management plan, with public involvement, for the 
     Ocoee and Hiawassee Corridor. The funding for the San 
     Bernardino NF is intended for the supervisor's office. The 
     Forest Service should contract with Cook Inlet Regional 
     Corporation, for work on the Russian river interagency 
     center.
       The managers expect that the specific allocations provided 
     for the National scenic and historic trails will become part 
     of the base budgets for the forests and the regions which 
     host these important resources so that this detailed level of 
     Committee oversight should not be required in future years. 
     The service should continue annual displays of funding needs 
     and accomplishments of these trails in the budget 
     justification.
       The managers note that in several cases specific 
     congressional priority projects involve maintenance, 
     improvement, and construction of a combination of facilities,

[[Page H10604]]

     roads, and trails. Although such congressional priorities are 
     reflected in a single budget line item, the managers expect 
     the agency to comply with congressional intent for completion 
     of the entire project and authorize the agency to move funds 
     between budget lines within the account to complete 
     projects as intended while accurately reflecting project 
     costs.


                            LAND ACQUISITION

       The conference agreement provides $61,866,000 for land 
     acquisition instead of $15,500,000 as proposed by the House 
     and $82,524,000 as proposed by the Senate.
       The managers agree to the following distribution of funds:

        Area (State)                                             Amount
Alabama National Forests, multiple NFs (AL)..................$1,900,000
Arapahoe NF: Arapaho, Miller Property (CO)....................1,025,000
Arapahoe NF: Beaver Brook Watershed (CO)......................2,000,000
Bonneville Shoreline Trail, multiple NFs (UT).................1,800,000
Chattahoochee-Oconee NF: Georgia Mtns. Riparian Project (GA)..1,000,000
Chequamegon-Nicolet NF: Wisconsin Wild Waterways (WI).........3,200,000
Cherokee NF: Tennessee Mountains (TN)...........................500,000
Chippewa/Superior NF: Minnesota Wilderness (MN).................375,000
Coconino NF: Sedona/Red Rocks/Oak Creek (AZ)..................1,800,000
Columbia River Gorge NSA, multiple NFs (OR/WA)................1,000,000
Custer NF: Schwend Mtn. Ranch (MT)............................1,200,000
Daniel Boone NF (KY)..........................................1,000,000
Flathead NF: Swan Valley (MT).................................3,000,000
Florida NF: Florida National Scenic Trail (FL)................2,000,000
Florida NF: Suwannee Wildlife Corridor (FL)...................2,000,000
Great Lakes/Great Lands, multiple NFs (MI)....................1,800,000
Greater Yellowstone Area, multiple NFs (MT/ID)................3,500,000
Green Mountain NF (VT)........................................1,000,000
Helena & Lolo NFs: Blackfoot Challenge (MT)..................10,000,000
Hoosier NF: Hoosier Unique Areas (IN)...........................435,000
Idaho Wild and Scenic Rivers (Indian Creek Ranch), multiple NFs 565,000
Lolo NF: Hiawatha Trail (MT)....................................360,000
Mark Twain NF: Ozark Mountain Streams and Rivers (MO)...........500,000
Monongahela NF: Monongahela Historic Areas (WV).................270,000
Okanogan-Wenatchee NF: I-90 Corridor (WA).....................3,400,000
Ouachita NF: Ozark St. Francis (AR)...........................1,000,000
Pacific Northwest Streams, multiple NFs (OR/WA)...............1,500,000
San Bernardino NF (CA)........................................1,500,000
Santa Fe Protection & Watershed, multiple NFs (NM)............1,500,000
Shawnee NF: Illinois Disappearing Habitat (IL)..................850,000
Sierra Nevada Inholdings, multiple NFs (CA)...................1,500,000
Six Rivers NF: Goose Creek-Smith River (CA)...................2,136,000
Wasatch-Cache NF: High Uintas (UT)............................1,000,000
White River NF: High Elk Corridor (CO)..........................750,000
Use of unobligated balances.................................-11,000,000
                                                       ________________
                                                       
    Subtotal.................................................46,366,000
Acquisition Management.......................................13,000,000
Critical Inholdings/Wilderness Protection.....................1,500,000
Land Exchange Equalization Payment............................1,000,000
                                                       ________________
                                                       
    Total....................................................61,866,000

       The managers expect the Forest Service to ensure that 
     acquisitions associated with the Blackfoot Challenge are 
     consistent with Federal appraisal standards. The Forest 
     Service should not pay more than the fair market value 
     determined by those appraisals.


         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

       The conference agreement provides $1,069,000 for the 
     acquisition of lands for national forests special acts as 
     recommended by both the House and the Senate.


            ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

       The conference agreement provides an indefinite 
     appropriation estimated to be $234,000 for the acquisition of 
     lands to complete land exchanges as proposed by both the 
     House and the Senate.


                         RANGE BETTERMENT FUND

       The conference agreement provides an indefinite 
     appropriation estimated to be $3,064,000 for the range 
     betterment fund as proposed by both the House and the Senate.


    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

       The conference agreement provides $65,000 for gifts, 
     donations and bequests for forest and rangeland research as 
     proposed by both the House and the Senate.


        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

       The conference agreement provides $5,962,000 for management 
     of national forest system lands for subsistence uses in 
     Alaska as proposed by both the House and the Senate


               ADMINISTRATIVE PROVISIONS, FOREST SERVICE

       The managers agree to the following changes to the House 
     recommendations:
       1. The Senate language concerning abolishing or moving a 
     regional office is included as in previous years.
       2. The House and Senate bill language is deleted which 
     prevented funds from this Act to be used for implementing 
     section 8002 of the Farm Security and Rural Investment Act of 
     2002 (the Forest Land Enhancement Program). The conference 
     agreement cancels $20,000,000 from this activity instead of 
     no cancellation as proposed by the House and the Senate 
     proposed cancellation of $40,000,000.
       3. The Senate proposed language concerning sale of 
     facilities and use of receipts on the Green Mountain NF, VT 
     is included although authority is provided for 2 years.
       4. The Senate language is included limiting Older Americans 
     Act staff treatment as Federal employees to December 31, 
     2005.
       5. The Senate language is included concerning school 
     payments for certain dependents of agency personnel in Puerto 
     Rico.
       6. The Senate proposal concerning sale of excess buildings 
     on the Wasatch-Cache NF, UT is included but provided for two 
     years.
       7. A technical change to the aircraft authority is included 
     which allows leasing of certain firefighting aircraft.
       Funds in the budget request for the e-government 
     initiatives ``SAFECOM'' and disaster management should be 
     reprogrammed to cover fixed costs not funded in the budget.
       The managers direct the Secretaries of Agriculture and the 
     Interior to continue the ongoing research on the success of 
     the Resource Advisory Councils established under the 2000 
     Secure Rural Schools and Community Protection Act.

                          DEPARTMENT OF ENERGY

                         Clean Coal Technology


                               (DEFERRAL)

       The conference agreement defers the availability of 
     $257,000,000 in clean coal technology funds until October 1, 
     2005, as proposed by the Senate instead of a deferral of 
     $237,000,000 as proposed by the House. The FutureGen program 
     is not funded in this account, as proposed by the House, but 
     is funded in the fossil energy research and development 
     account.
       The managers expect the Department to include a table on 
     the FutureGen program, as outlined in the House Report 108-
     542, in future budget requests for fossil energy research and 
     development account. The managers make no assumptions on the 
     future use of deferred clean coal technology funds.


                 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

       The conference agreement provides $579,911,000 for fossil 
     energy research and development instead of $601,875,000 as 
     proposed by the House and $542,529,000 as proposed by the 
     Senate. The changes described below are to the House 
     recommended funding level.
       FutureGen.--There is an increase of $18,000,000 for the 
     FutureGen power plant initiative.
       Clean Coal Power Initiative.--There is a decrease of 
     $55,000,000 for the clean coal power initiative. The managers 
     note that funding will need to be increased substantially in 
     fiscal year 2006 if the program is to remain on a schedule 
     consistent with the President's clean coal initiative.
       Innovations for Existing Plants.--There is an increase of 
     $1,300,000 for innovations for existing plants of which 
     $800,000 is for the Research Partnership to Secure Energy for 
     America for domestic fossil fuel research, including a 
     thermoenergy integrated power system to achieve an advanced 
     level of clean, economical power generation from coal, and 
     other exploration and production technologies.
       Advanced Systems.--There is a decrease of $2,000,000 for 
     gasification systems technology and an increase of $800,000 
     for combustion systems to complete the Environmental Control 
     Technology Laboratory project at Western Kentucky University, 
     including research leading to zero emissions for combustion 
     systems.
       Fuels.--In transportation fuels and chemicals, there is an 
     increase of $1,000,000 in the coal to liquids program to 
     expand small footprint plant conversion technology and an 
     increase of $3,000,000 in the solid fuels and feedstocks 
     program to build on hydrogen from coal efforts with the 
     University of North Dakota Energy and Environmental Research 
     Center. There is also a general program decrease of 
     $1,500,000 for hydrogen from coal research. In advanced fuels 
     research, there is a decrease of $500,000 for C-1 chemistry.
       Advanced Research (Coal).--In coal utilization science, 
     there are increases of $4,000,000 for the Center for Zero 
     Emissions Coal Research, and $1,000,000 for the Arctic Energy 
     Office, which continues that program at last year's level.
       Distributed Generation Systems/Fuel Cells.--In advanced 
     research, there is an increase of $5,000,000 for HiTEC, and a 
     general reduction of $3,000,000 below the House proposed 
     level. In systems development, there is a decrease of 
     $2,700,000. Funding provided in systems development completes 
     the molten carbonate

[[Page H10605]]

     fuel cell/hybrid project. In vision 21 hybrids, this will be 
     the last year of funding for the tubular solid oxide fuel 
     cell program. In innovative concepts, there is a $5,000,000 
     increase to initiate a competitively awarded turbine hybrid 
     integration program.
       Natural Gas Exploration and Production.--In natural gas 
     exploration and production, there are increases of $1,500,000 
     for national laboratory/industry partnerships and $4,000,000 
     for the Arctic Energy Office (an increase of $1,000,000 above 
     last year's level), and decreases of $3,000,000 for advanced 
     drilling completion and stimulation and $1,000,000 for 
     liquefied natural gas research.
       Natural Gas Infrastructure.--In natural gas infrastructure, 
     there is an increase of $1,371,000 for delivery reliability 
     research.
       Effective Environmental Protection (Natural Gas).--In 
     effective environmental protection, there is an increase of 
     $1,000,000 to continue and expand research on coal bed 
     methane, including produced water research.
       Oil Technology/Exploration and Production.--In oil 
     technology exploration and production, there is an increase 
     of $1,500,000 for national laboratory/industry partnerships 
     and a decrease of $500,000 for reservoir efficiency. The 
     managers note that the Arctic Energy Office is funded at last 
     year's level of $2,000,000.
       Reservoir Life Extension.--There is a decrease of 
     $1,000,000 for domestic resource conservation in the 
     reservoir life extension program.
       Effective Environmental Protection (Oil).--There is a 
     decrease of $300,000 for environmental science in the 
     effective environmental protection program.
       Other Programs.--In cooperative research and development, 
     there is an increase of $1,065,000. In environmental 
     restoration, there is a decrease of $1,000,000.
       Bill Language.--Bill language is included providing for the 
     use of $18,000,000 for the FutureGen program as proposed by 
     the Senate. The House included language under the clean coal 
     technology account.
       Language also is included earmarking $50,000,000 for the 
     clean coal power initiative as proposed by the Senate instead 
     of $105,000,000 as proposed by the House. The managers note 
     that funding for the clean coal power initiative will need to 
     be increased substantially in fiscal year 2006 to keep this 
     initiative on schedule.
       The managers agree to the following:
       1. The table required by the House (under the clean coal 
     technology heading) detailing the history and annual budget 
     request for FutureGen should be included in future budget 
     requests for fossil energy research and development.
       2. Within available funds, the director of the National 
     Energy Technology Laboratory, in cooperation with the heads 
     of the Strategic Petroleum Reserve and the Naval Petroleum 
     and Oil Shale Reserves, should evaluate the viability of 
     developing oil shale reserves, with emphasis on available 
     technologies, and on cost and environmental impacts, and 
     report the findings to the House and Senate Committees on 
     Appropriations no later than May 1, 2005.
       3. Within the funds provided for sequestration research and 
     development, the Department should consider oxygen fuel 
     technology currently being tested by DOE's Albany Research 
     Center.
       4. Research efforts through the National Science Foundation 
     industry-university cooperative research center for fuel cell 
     research, SC, should be considered in the energy conservation 
     account.


                 NAVAL PETROLEUM AND OIL SHALE RESERVES

       The conference agreement provides $18,000,000 for naval 
     petroleum and oil shale reserves as proposed by both the 
     House and the Senate.


                      ELK HILLS SCHOOL LANDS FUND

       The conference agreement provides $36,000,000 to become 
     available on October 1, 2005, for the 7th payment to the Elk 
     Hills School Lands Fund as proposed by both the House and the 
     Senate.
       Bill Language.--Bill language is included referencing the 
     settlement agreement of October 11, 1996, between the State 
     of California and the Department of Energy as proposed by the 
     House. The Senate did not reference the specific agreement.


                          ENERGY CONSERVATION

       The conference agreement provides $649,092,000 for energy 
     conservation instead of $656,071,000 as proposed by the House 
     and $854,299,000 as proposed by the Senate. The House bill 
     did not include funding for the weatherization assistance 
     program because funding and jurisdiction for that program 
     were transferred to the Appropriations Subcommittee on Labor, 
     Health and Human Services, Education and Related Agencies in 
     the House of Representatives. The changes described below are 
     to the House recommended funding level.
       Vehicle Technologies.--In simulation and validation, there 
     is a decrease of $200,000. In advanced power electronics, 
     there is a decrease of $400,000. In the advanced combustion 
     engine program, there is a decrease of $1,000,000 for 
     combustion and emission control, an increase of $2,300,000 
     for heavy truck engine research, and an increase of 
     $2,000,000 for turbocharger research in the waste heat 
     recovery program. In materials technology, there is a 
     decrease of $500,000 for the Vulcan Beam Line payment as part 
     of the high temperature materials laboratory program. In fuel 
     technology, there is a decrease of $1,000,000 for advanced 
     petroleum based fuels and, in the non-petroleum fuels and 
     lubes program, there is an increase of $2,400,000 for 
     renewable and synthetic fuels and a decrease of $700,000 for 
     heavy truck research. There is also a decrease of $1,000,000 
     in the environmental impacts program.
       Fuel Cell Technologies.--In distributed energy systems, 
     there is a decrease of $500,000. In stack component research 
     and development, there is a decrease of $1,500,000 for 
     catalyst-specific research and an increase of $7,000,000 for 
     other stack component research.
       Weatherization and Intergovernmental Assistance.--There is 
     a decrease of $300,000 for State energy program grants. In 
     gateway deployment, there are decreases of $1,000,000 for 
     Rebuild America and $1,000,000 for building codes training 
     and technical assistance, and an increase of $250,000 for the 
     energy star program.
       Funding for the weatherization assistance program is 
     addressed in a separate portion of this Act.
       Distributed Energy Resources.--In distributed energy 
     resources, there are decreases of $500,000 for microturbines, 
     $200,000 for advanced materials and sensors, and $800,000 for 
     thermally activated technology. In applications integration, 
     there is a decrease of $500,000 for fuel flexibility in 
     distributed generation systems, with the understanding that 
     the balance of the funding will be used for combustion work, 
     and an increase of $1,000,000 for the national accounts 
     energy alliance.
       Building Technologies.--In residential buildings 
     integration, there is an increase of $1,000,000 for the 
     Building America program and a decrease of $250,000 for 
     residential building energy codes. In commercial buildings 
     integration, there is a decrease of $250,000 for commercial 
     building energy codes. In emerging technologies, there is an 
     increase of $1,500,000 for the solid state lighting 
     initiative and a decrease of $400,000 for space conditioning 
     and refrigeration, and, in the building envelope program, 
     there is a decrease of $400,000 for thermal insulation and 
     building materials and an increase of $750,000 for windows 
     research. In equipment and analysis, there is an increase of 
     $750,000 for appliance standards. There is also an increase 
     of $500,000 for oil heat research.
       Industrial Technologies.--In industries of the future 
     (specific), decreases include $1,700,000 for forest and paper 
     products, $1,000,000 for steel, $1,000,000 for aluminum, 
     $52,000 for metal casting, $700,000 for glass, $2,800,000 for 
     chemicals, $700,000 for mining, and $27,000 for supporting 
     industries. In industries of the future (crosscutting) there 
     is a decrease of $550,000 for industrial assessment centers.
       Biomass and Biorefinery Systems.--In biomass and 
     biorefinery systems, there is a decrease of $5,000,000 for 
     gasification programs.
       Federal Energy Management Program.--There is an increase of 
     $500,000 for the Federal Energy Management Program.
       Other.--There is a decrease of $1,000,000 for cooperative 
     programs with States. The managers expect that management of 
     the Rebuild America program will be assumed by the State 
     Technologies Advancement Collaborative in fiscal year 2005 
     and anticipate that there will be synergies between these 
     programs.
       Bill Language.--The conference agreement earmarks 
     $44,798,000 for State energy conservation grants instead of 
     $45,098,000 as proposed by the House and $43,798,000 as 
     proposed by the Senate.
       The managers agree to the following:
       1. Within the funds provided for fuel cell technology, the 
     Department should consider expanding the Porvair project.
       2. The managers are aware of positive test results, 
     provided to the Department, on a non-precious metal, tungsten 
     oxide, PEM fuel cell, cathode catalyst. These results are 
     promising from the standpoints of performance and non-
     degradation. The Department is strongly encouraged to fund 
     further characterization and optimization of this cathode 
     catalyst.
       3. In distributed energy resources, the funding provided 
     for thermally activated technology is to complete the 
     existing residential generator absorber heat exchanger heat 
     pump program.
       4. The Rebuild America program is to be managed by the 
     State Technologies Advancement Collaborative. The Department 
     should move quickly to facilitate the transfer of 
     administrative management for this program to STAC. The 
     managers are pleased with STAC's management of the 
     cooperative programs with the States and believe that the 
     Rebuild America program will benefit from STAC management. 
     The Department should examine other programs for potential 
     STAC involvement in fiscal year 2005.
       5. The new solicitation for off-highway research is not 
     meant to eliminate funding for cooperative research and 
     development agreements. The Department should consult with 
     the House and Senate Committees on Appropriations on the 
     appropriate distribution of funds between the new 
     solicitation and CRADAs.
       6. Within the funds provided for materials technology in 
     the vehicle technologies program, research should be 
     continued and expanded on thermoplastic composite materials 
     and manufacturing infrastructure.
       7. In the industrial materials for the future program, 
     $1,000,000 should continue to be provided to the Metals 
     Processing Laboratory Users Facility.
       8. The managers understand that the Department will soon 
     issue an Exceptional Circumstances Determination with regard 
     to

[[Page H10606]]

     solid state lighting core technology research, with the 
     purpose of facilitating favorable access to the resulting 
     intellectual property by members of the Next Generation 
     Lighting Industry Alliance. This access is in exchange for 
     the active work for the Alliance in using its experience and 
     expertise to bring a manufacturing and commercial focus to 
     the solid state lighting project portfolio, as stipulated in 
     the competitive solicitation by which the Alliance was 
     selected. The managers support this arrangement and believe 
     it will facilitate the deployment of solid state lighting 
     technologies and accelerate reductions in electrical energy 
     consumption.
       9. The managers support the reprogramming of necessary 
     funds to support program administration costs at the National 
     Energy Technology Laboratory. The Committees approved a 
     reprogramming for this purpose in 2004 and realize that 
     further internal reprogrammings will be necessary in 2005. 
     The Committees expect the Department to realign its budget to 
     reflect the appropriate levels of funding for this purpose in 
     the 2005 funding column of the fiscal year 2006 budget 
     request. The Department should consult with the Committees 
     prior to the budget submission.


                      STRATEGIC PETROLEUM RESERVE

       The conference agreement provides $172,100,000 for the 
     strategic petroleum reserve as proposed by both the House and 
     the Senate.


                   NORTHEAST HOME HEATING OIL RESERVE

       The conference agreement provides $5,000,000 for the 
     northeast home heating oil reserve as proposed by both the 
     House and the Senate.


                   ENERGY INFORMATION ADMINISTRATION

       The conference agreement provides $85,000,000 for the 
     energy information administration as proposed by the House 
     instead of $84,000,000 as proposed by the Senate.


            ADMINISTRATIVE PROVISIONS, DEPARTMENT OF ENERGY

       The conference agreement retains the House bill language 
     dealing with the use of receipts by the Department of Energy.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service


                         INDIAN HEALTH SERVICES

       The conference agreement provides $2,633,072,000 for Indian 
     health services instead of $2,628,322,000 as proposed by the 
     House and $2,633,624,000 as proposed by the Senate. The 
     changes described below are to the House recommended funding 
     level.
       Hospital and Health Clinic Programs.--In hospital and 
     clinic programs, there is a decrease of $3,750,000 for the 
     Indian health care improvement fund and an increase of 
     $500,000 for staffing at the King Cove, AK, clinic.
       Contract Health Care.--There is an increase of $8,000,000 
     for contract health care.
       Bill Language.--The conference agreement earmarks 
     $487,085,000 for contract health care instead of $479,085,000 
     as proposed by the House and $491,085,000 as proposed by the 
     Senate. The conference agreement modifies language, proposed 
     by the Senate, earmarking funds for alcohol control, 
     enforcement, prevention, treatment, sobriety and wellness, 
     and education programs in Alaska. The modification provides 
     $15,000,000 for these programs instead of $16,000,000 and 
     permits the use of 15 percent of funds for administrative 
     overhead instead of 10 percent. The House had no similar 
     provision. The distribution of funds proposed by the Senate 
     is modified to provide $8,000,000 to Alaska Native regional 
     organizations, with $2,000,000 (rather than $3,000,000) to be 
     divided among the remaining organizations as specified in 
     item (5) in the Senate report. Item (a) in the Senate report 
     is revised as follows: (a) $2,000,000 shall be provided as a 
     direct lump sum payment to the State of Alaska Department of 
     Public Safety to distribute on a timely basis to Alaska 
     Native non-profit corporations to operate the Village Public 
     Safety Officer Program.
       The managers agree to the following:
       1. The Service should reprogram the increases provided for 
     pay cost increases so that there is an equitable distribution 
     across all Federal and tribal programs.
       2. The Recruitment of American Indians into Nursing program 
     at the University of North Dakota is funded at last year's 
     level, which includes the $95,000 provided in fiscal year 
     2003.
       3. The Service should provide a report on the use of funds 
     to date for the special alcohol and substance control, 
     enforcement, prevention, treatment, sobriety and wellness, 
     and education programs in Alaska. The report should be 
     provided no later than 60 days after enactment of this Act. 
     This progress report was due to the House and Senate 
     Committees on Appropriations on January 15, 2004, and the 
     managers find the Service's lack of response totally 
     unacceptable.
       4. The Alaska Federal Health Care Access Network is funded 
     at last year's level.


                        INDIAN HEALTH FACILITIES

       The conference agreement provides $394,048,000 for Indian 
     health facilities instead of $405,048,000 as proposed by the 
     House and $364,148,000 as proposed by the Senate.
       The managers agree to the following distribution of funds:

        Project                                                  Amount
Barrow Hospital, AK..........................................$3,000,000
Clinton, OK clinic...........................................19,300,000
Eagle Butte, SD clinic........................................5,000,000
Fort Belknap, MT staff quarters...............................5,000,000
Joint Ventures (using existing list)..........................4,800,000
Mobile dental units...........................................1,000,000
New health clinic planning and design.........................1,000,000
Phoenix Indian Medical Center, AZ.............................4,000,000
Red Mesa, AZ health center...................................19,382,000
Sisseton, SD health center...................................17,300,000
Small ambulatory facilities...................................5,000,000
Wagner, SD staff quarters.....................................2,538,000
Zuni, NM staff quarters.......................................2,525,000
                                                             __________
                                                             
    Subtotal.................................................89,845,000
Other:
  Maintenance and improvement................................49,897,000
  Sanitation facilities......................................93,158,000
  Facilities and environmental health support...............143,567,000
  Equipment..................................................17,581,000
                                                             __________
                                                             
    Total...................................................394,048,000

       Bill Language.--The conference agreement includes language 
     proposed by the Senate permitting the use of funds for the 
     purchase of land for replacement of the health care facility 
     in Barrow, Alaska. The House had no similar provision.
       The conference agreement modifies language proposed by the 
     House permitting the use of funds to purchase land for the 
     northern and southern California youth regional treatment 
     centers for alcohol and substance abuse. The modification 
     specifies that such land should be purchased using prior year 
     unobligated funds. The Senate had no similar provision.
       Bill language, proposed by the Senate, authorizing the 
     construction of a replacement health care facility in Nome, 
     Alaska is not included but the managers note that this 
     project should be considered in future budget requests.
       The managers agree to the following:
       1. The funds provided for the Barrow, AK hospital are for 
     land acquisition and planning. The total estimated cost of 
     the facility is $125 million.
       2. The Service should finalize the site selections for the 
     northern and southern California youth regional treatment 
     centers for alcohol and substance abuse and, after the sites 
     are selected, include funds in the budget request for 
     construction of these facilities.
       3. The funds included for the Eagle Butte, SD, clinic are 
     for site preparation.
       4. The total estimated cost of the Fort Belknap, MT, staff 
     quarters project is $8,300,000. The $5,000,000 provided for 
     fiscal year 2005 should be used to construct staff quarters 
     in Harlem, MT. Funding for staff quarters in Hayes, MT, 
     should be included in the fiscal year 2006 budget request.
       5. Funds for the Phoenix Indian Medical Center, AZ, are for 
     the design of a southwest clinic and a southeast clinic.
       6. The funds for new health clinic planning and design are 
     to initiate design of the San Carlos, AZ, clinic and the 
     Kayenta, AZ, clinic. The Service recently approved the 
     program justification documents for these two facilities.
       7. The Service should move quickly to issue a new 
     solicitation for small ambulatory care facilities. There 
     should be a 30-day tribal comment period prior to issuance of 
     the final solicitation.
       8. The Service has informed the Committees that the funds 
     provided for the Sisseton, SD, clinic should be sufficient to 
     complete this project.


            ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

       The conference agreement continues language, included in 
     the fiscal year 2004 appropriation, as proposed by the House, 
     prohibiting the imposition of certain staffing restrictions 
     on the Indian Health Service.
       The conference agreement modifies language proposed by the 
     House, permitting the use of third party collections for the 
     purchase of land for expansion of the IHS hospital in 
     Tahlequah, OK subject to advance approval by the House and 
     Senate Committees on Appropriations. The modification retains 
     the original text and adds language authorizing permanent 
     service unit status for the Tulsa and Oklahoma City pilot 
     health programs.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation


                         Salaries and Expenses

       The conference agreement provides $5,000,000 for salaries 
     and expenses of the Office of Navajo and Hopi Indian 
     Relocation as proposed by the Senate instead of $11,000,000 
     as proposed by the House. The managers understand that there 
     are large carryover balances in this program that can be used 
     to continue the program in fiscal year 2005.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

       The conference agreement provides $6,000,000 for payment to 
     the institute as proposed by both the House and the Senate.
       Bill Language.--The conference agreement retains Senate 
     language that allows up to $1,000,000 of the funding to be 
     used for the institute's learning center.

                        Smithsonian Institution


                         salaries and expenses

       The conference agreement provides $495,925,000 for salaries 
     and expenses of the

[[Page H10607]]

     Smithsonian Institution instead of $496,925,000 as proposed 
     by the House and $490,125,000 as proposed by the Senate. The 
     change to the House level is the result of a reduction to the 
     proposed increase of $1,000,000 for program support and major 
     scientific instrumentation.


                           facilities capital

       The conference agreement provides $127,900,000 for 
     facilities capital instead of $122,900,000 as proposed by the 
     House and $136,900,000 as proposed by the Senate. The change 
     to the House level is the result of an increase of $5,000,000 
     for revitalization work at the National Zoological Park. The 
     managers understand that most, if not all, of these funds 
     will be used for the Asia Trail exhibit. Language included in 
     the House bill allowing for the transfer of funds from the 
     former construction and repair, restoration and alteration of 
     facilities accounts to the facilities capital account has 
     been removed in the assumption that all such transfers have 
     been made and the language is no longer necessary.


           administrative provisions, smithsonian institution

       The conference agreement continues the administrative 
     provisions included in the House bill that place restrictions 
     on the use of funds for (1) the design of new or expanded 
     facilties; (2) Holt House; (3) the purchase of buildings; and 
     (4) compliance with reprogramming procedures. The House 
     provision regarding changes to the Smithsonian's science 
     programs has been amended by omitting reference to the 
     Science Commission's recommendations, which were approved by 
     the Board of Regents, and including a requirement of advance 
     approval from the House and Senate Committees on 
     Appropriations in agreement with current reprogramming 
     guidelines.

                        National Gallery of Art


                         salaries and expenses

       The conference agreement provides $93,000,000 for salaries 
     and expenses of the National Gallery of Art as proposed by 
     the House instead of $92,119,000 as proposed by the Senate.


            repair, restoration and renovation of buildings

       The conference agreement provides $11,100,000 for repair, 
     restoration and renovation of buildings as proposed by the 
     House instead of $11,000,000 as proposed by the Senate.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

       The conference agreement provides $17,152,000 for 
     operations and maintenance of the Kennedy Center as proposed 
     by both the House and the Senate.
       Based on recent recommendations from the General Accounting 
     Office, the managers direct the Kennedy Center to annually 
     update the comprehensive building plan as required by the 
     John F. Kennedy Center Act Amendments of 1994 and include the 
     prioritization of projects, individual project status, and 
     detailed budget information for both planned and ongoing 
     projects. The plan has not been updated since 2002.
       The requirement to develop and annually update a 
     comprehensive building plan was intended to help improve 
     management of the Kennedy Center's capital projects, help 
     reduce the public costs of operating and maintaining the 
     facility, and ensure accountability for the cost and schedule 
     of the projects.


                              construction

       The conference agreement provides $16,334,000 for 
     construction as proposed by the Senate instead of $10,000,000 
     as proposed by the House.

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       The conference agreement provides $8,987,000 for salaries 
     and expenses of the Woodrow Wilson International Center for 
     Scholars as proposed by both the House and the Senate.

           NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

                    National Endowment for the Arts


                       grants and administration

       The conference agreement provides $122,972,000 for grants 
     and administration of the National Endowment for the Arts 
     instead of $130,972,000 as proposed by the House and 
     $120,972,000 as proposed by the Senate. The agreement 
     provides $2,000,000 for the new American Masterpieces 
     initiative.

                 National Endowment for the Humanities


                       grants and adminsitration

       The conference agreement provides $123,877,000 for grants 
     and administration of the National Endowment for the 
     Humanities, instead of $125,877,000 as proposed by the House 
     and $119,386,000 as proposed by the Senate. The change to the 
     House recommended level is a decrease of $2,000,000 to the We 
     the People initiative. When combined with amounts provided 
     within the Matching Grants account that follows, the total 
     recommended funding level for the NEH for fiscal year 2005 is 
     $139,999,000, an increase of $4,689,000 above the current 
     year enacted level.


                            matching grants

       The conference agreement provides $16,122,000 for matching 
     grants as proposed by the House instead of $15,924,000 as 
     proposed by the Senate.

                        Commission of Fine Arts


                         salaries and expenses

       The conference agreement provides $1,793,000 for salaries 
     and expenses of the Commission of Fine Arts as proposed by 
     the House and the Senate.

               National Capital Arts and Cultural Affairs

       The conference agreement provides $7,000,000 for national 
     capital arts and cultural affairs as proposed by the House 
     instead of $6,000,000 as proposed by the Senate.

               Advisory Council on Historic Preservation


                         salaries and expenses

       The conference agreement provides $4,600,000 for salaries 
     and expenses of the Advisory Council on Historic Preservation 
     as proposed by both the House and the Senate.

                  National Capital Planning Commission


                         salaries and expenses

       The conference agreement provides $8,000,000 for salaries 
     and expenses of the National Capital Planning Commission as 
     proposed by the Senate instead of $7,999,000 as proposed by 
     the House.

                United States Holocaust Memorial Museum


                       holocaust memorial museum

       The conference agreement provides $41,433,000 for the 
     Holocaust Memorial Museum as proposed by the House and the 
     Senate.

                             Presidio trust


                          presidio trust fund

       The conference agreement provides $20,000,000 for the 
     Presidio Trust Fund as proposed by both the House and the 
     Senate.

                     TITLE III--GENERAL PROVISIONS

       The conference agreement retains identical provisions in 
     sections 301-309 of both the House and Senate bills.
       Sec. 310. The conference agreement retains the language 
     proposed in section 310 of the Senate bill providing one-year 
     authority, as in past years, for the collection and use of 
     private funds by the National Endowment for the Arts and the 
     National Endowment for the Humanities. The House had a 
     similar provision in section 310 of the House bill but it 
     extended through 2009.
       Sec. 311. The conference agreement retains the one-year 
     authority, similar to previous years, proposed in section 311 
     of the Senate bill directing the National Endowment for the 
     Arts on funding distribution. The House had a similar 
     provision in section 311 of the House bill but it extended 
     through 2009.
       The conference agreement retains identical provisions in 
     sections 312-316 of both the House and Senate bills.
       Sec. 317. The conference agreement continues the provision 
     in section 317 of the Senate bill addressing timber sales 
     involving Alaska western red cedar for one year as was done 
     previously. The House had no similar provision.
       Sec. 318. The conference agreement modifies language 
     proposed in section 317 of the House bill and in section 332 
     of the Senate bill concerning the Forest Service 
     reforestation fund. The conference agreement does not contain 
     bill language stating that the four purposes of the 
     reforestation fund are of equal priority but the Forest 
     Service should not give overall priority to one particular 
     purpose over the others. The managers note that the Knutson-
     Vandenberg Act was amended in 1976 to allow the use of timber 
     purchaser funds for: (1) planting trees, (2) sowing with tree 
     seeds, (3) cutting or removing undesirable trees or other 
     growth to improve future timber growth, and (4) protecting 
     and improving the future productivity of the renewable 
     resources of the forest land, including sale area improvement 
     operations maintenance and construction, reforestation, and 
     wildlife habitat management. The managers stress that, in 
     selecting activities to be funded using the KV fund, the 
     Secretary shall give, to the maximum extent practicable, 
     equal importance to all four of these purposes. The Forest 
     Service should not withhold funding for one or another of 
     these purposes, but rather, decisions should be made forest 
     by forest and project by project as to what are the most 
     important conservation efforts.
       Sec. 319. The conference agreement retains a provision in 
     section 318 of the House bill continuing a provision 
     prohibiting the Forest Service from using projects under the 
     recreation fee demonstration program to supplant existing 
     concessions. The Senate had an identical provision in section 
     318 of the Senate bill.
       Sec. 320. The conference agreement retains the language 
     proposed in section 319 of the Senate bill, as was in 
     previous Acts, regarding the Forest Service land management 
     planning revision requirements. The House had a similar 
     provision in section 319 of the House bill.
       Sec. 321. The conference agreement retains a provision in 
     section 320 of the House bill continuing a provision limiting 
     preleasing, leasing, and related activities within the 
     boundaries of national monuments. The Senate had an identical 
     provision in section 320 of the Senate bill.
       Sec. 322. The conference agreement retains the language 
     proposed in section 321 of the Senate bill extending the 
     Forest Service Conveyances Pilot Program for two more years. 
     The House had a similar provision in

[[Page H10608]]

     section 321 of the House bill. The managers are pleased with 
     the operation of this program by the Forest Service and 
     request that its management continue as in the past.
       Sec. 323. The conference agreement replaces a provision in 
     sections 322 of both the House and Senate bills. The new 
     provision makes a technical correction to the Harriet Tubman 
     Special Resource Study Act.
       Sec. 324. The conference agreement retains a provision in 
     section 323 of the House bill continuing a provision 
     providing the Secretary of the Interior and the Secretary of 
     Agriculture the authority to enter into reciprocal agreements 
     with foreign nations concerning the personal liability of 
     firefighters. The Senate had an identical provision in 
     section 323 of the Senate bill.
       Sec. 325. The conference agreement retains a provision in 
     section 324 of the House bill allowing the Eagle Butte 
     Service Unit of the Indian Health Service to utilize health 
     care funding in a more efficient manner. The Senate had an 
     identical provision in section 324 of the Senate bill.
       Sec. 326. The conference agreement retains a provision in 
     section 325 of the House bill continuing a provision 
     prohibiting the transfer of funds to other agencies other 
     than as provided in this Act. The Senate had an identical 
     provision in section 325 of the Senate bill.
       Sec. 327. The conference agreement retains a provision in 
     section 326 of the House bill carried in previous years 
     limiting funds for oil or gas leasing or permitting on the 
     Finger Lakes National Forest, NY. The Senate had no similar 
     provision.
       Sec. 328. The conference agreement retains the language 
     proposed in section 326 of the Senate bill allowing the 
     Secretary of Agriculture and the Secretary of the Interior to 
     consider local contractors when awarding contracts for 
     certain activities on public lands. The House had a similar 
     provision in section 328 of the House bill.
       Sec. 329. The conference agreement retains a provision in 
     section 329 of the House bill continuing a provision which 
     limits the use of funds for filing declarations of taking or 
     condemnations. This provision does not apply to the 
     Everglades National Park Protection and Environmental Act. 
     The Senate had an identical provision in section 327 of the 
     Senate bill.
       Sec. 330. The conference agreement modifies a provision in 
     section 328 of the Senate bill concerning judicial review of 
     timber sales in Region 10 of the Forest Service; this 
     authority is provided for one year. The House had no similar 
     provision.
       Sec. 331. The conference agreement retains a provision in 
     section 330 of the House bill restricting the Forest Service 
     use of the Recreation Fee Demonstration program to certain 
     developed sites. The Senate had no similar provision.
       Sec. 332. The conference agreement modifies the language 
     proposed in section 331 of the House bill providing guidance 
     on competitive sourcing activities and clarifying annual 
     reporting requirements to specify the reporting of the full 
     costs associated with sourcing studies and related 
     activities. The Senate had a similar provision in section 329 
     of the Senate bill.
       Sec. 333. The conference agreement retains a provision in 
     section 332 of the House bill requiring overhead charges, 
     deductions, reserves or holdbacks to be presented in annual 
     budget justifications, with changes presented to the 
     Appropriations Committees for approval. The Senate had an 
     identical provision in section 330 of the Senate bill.
       Sec. 334. The conference agreement modifies a provision in 
     section 331 of the Senate bill prohibiting the transfer of 
     funds for SAFECOM and Disaster Management projects. The House 
     had a more restrictive provision in section 333 of the House 
     bill.
       Sec. 335. The conference agreement retains a provision in 
     section 334 of the House bill, with a minor technical 
     modification, authorizing the conveyance of land within the 
     San Bernardino National Forest, CA. The Senate had no similar 
     provision.
       Sec. 336. The conference agreement retains a provision in 
     section 335 of the House bill encouraging cooperative 
     hazardous fuels projects with the State of Colorado and the 
     Forest Service, and extending this authority to the Bureau of 
     Land Management. The Senate had no similar provision.
       Sec. 337. The conference agreement retains a provision in 
     section 333 of the Senate bill allowing the State of Utah, 
     through contracts or cooperative agreements with the Forest 
     Service, to perform certain activities on Forest Service 
     lands. The House had no similar provision.
       Sec. 338. The conference agreement modifies a provision in 
     section 335 of the Senate bill requiring that contact centers 
     associated with the national recreation reservation service 
     be located within the United States. The House had no similar 
     provision.
       Sec. 339. The conference agreement modifies a provision in 
     section 339 of the Senate bill allowing categorical 
     exclusions for certain Forest Service grazing allotments. The 
     House had no similar provision.
       Sec. 340. The conference agreement retains a provision in 
     section 340 of the Senate bill amending Public Law 90-542 
     regarding certain hunting camps on the Salmon River. The 
     House had no similar provision. The managers note that this 
     provision establishes use and occupancy as of June 6, 2003, 
     for three special use permits. The purpose of this language 
     is to clarify the legislative intent of the Central Idaho 
     Wilderness Act and the inclusion of the three hunting camps 
     as an existing use. The managers understand that all future 
     modifications to these camps will be such that the camps 
     retain their basic characteristics and the modifications do 
     not substantially alter the existing scope of use.
       Sec. 341. The conference agreement retains a provision in 
     section 341 of the Senate bill allowing the Eastern Nevada 
     Landscape Coalition to enter into agreements with the 
     Department of the Interior and the Department of Agriculture. 
     The House had no similar provision.
       Sec. 342. The conference agreement retains a provision in 
     section 342 of the Senate bill conveying certain lands in the 
     Tongass National Forest to the Community of Elfin Cove, 
     Alaska. The House had no similar provision.
       Sec. 343. The conference agreement modifies a provision in 
     section 343 of the Senate bill providing a three-year (versus 
     a permanent) extension of a prohibition on Alaska Native 
     villages assuming administration of health services 
     contracts, and clarifying that Eastern Aleutian Tribes, Inc. 
     be considered an Alaska Native regional health entity for 
     purposes of disbursement of funds. The House had no similar 
     provision.
       Sec. 344. The conference agreement modifies a provision in 
     section 344 of the Senate bill providing for the use of 
     previously appropriated funds for the acquisition of lands 
     for the construction of the Seward, Alaska Interagency 
     Center.
       Sec. 345. The conference agreement includes a new provision 
     to extend the Forest Service rights-of-way cost recovery 
     authority originally provided in fiscal year 2000.
       Sec. 346. The conference agreement includes a new provision 
     to provide for the conveyance of the Sandpoint Federal 
     Building and associated land in Sandpoint, Idaho.
       Sec. 347. The conference agreement includes a new provision 
     authorizing the Secretary of Agriculture to carry out a 
     national forest land exchange in the State of Florida.
       Sec. 348. The conference agreement includes a new provision 
     designating the Grey Towers National Historic Site in the 
     Commonwealth of Pennsylvania.
       Sec. 349. The conference agreement includes a new provision 
     to adjust the boundaries of the Helena, Lolo, and Beaverhead-
     Deerlodge National Forests in the State of Montana.
       Sec. 350. The conference agreement includes a new provision 
     for a $5,000,000 grant to Kendall County, Illinois.
       The conference agreement does not include a provision 
     proposed in section 327 of the House bill limiting the use of 
     funds for the planning, design, or construction of 
     improvements to Pennsylvania Avenue in front of the White 
     House.
       The conference agreement does not include a provision 
     proposed in section 334 of the Senate bill exempting certain 
     local residents from paying fees under the Recreation Fee 
     Demonstration program on the White Mountain National Forest.
       The conference agreement does not include a provision 
     proposed in section 336 of the Senate bill amending the 
     Alaska National Interest Lands Conservation Act to allow for 
     fishery management and enhancement projects in additional 
     wilderness areas in Alaska.
       The conference agreement does not include a provision 
     proposed in section 337 of the Senate bill allowing Alaska 
     residents with subsistence rights who are aged, infirm, or 
     disabled to designate another individual to engage in 
     subsistence activities for them and to reimburse such 
     designated person.
       The conference agreement does not include a provision on 
     Missouri River water levels proposed by the Senate in section 
     338 of the Senate bill.

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

       The conference agreement includes supplemental 
     appropriations for the Department of the Interior and the 
     Forest Service that provide an additional $500,000,000 in 
     wildland fire suppression funds. This includes $100,000,000 
     for the Department of the Interior and $400,000,000 for the 
     Department of Agriculture.
       The conference agreement does not include the provisions 
     included in Title IV, Chapter 1 of the House bill that 
     provided supplemental appropriations for the Department of 
     the Interior and the Forest Service in fiscal year 2004. 
     These funds were included in the fiscal year 2005 Department 
     of Defense appropriation passed earlier this year (P. L. 108-
     287, Title X, Chapter 3).
       The purpose of this account is to provide funds so 
     firefighting can continue during a severe fire season without 
     the need to borrow from other land management accounts to pay 
     for wildfire suppression. The conference agreement still 
     contains authority for each Secretary, as appropriate, to 
     utilize funds from other accounts under their jurisdiction, 
     if all firefighting funds are exhausted.
       The conference agreement retains language from the Senate 
     bill providing that these funds will become available only if 
     the funds provided in Titles I and II of this Act will be 
     exhausted imminently and the House and Senate Committees on 
     Appropriations and the Budget are notified. The managers 
     understand that the urgent wildland fire suppression funding 
     is only available because the conference agreement provides 
     the full 10-year average cost of fire suppression in Titles I 
     and II.
       The conference agreement modifies language contained in the 
     House bill that allows

[[Page H10609]]

     funds in this title to be transferred to other Interior and 
     Forest Service accounts, as appropriate, to repay amounts 
     that have been borrowed during wildland fire suppression 
     crises.
       The managers are very concerned about the high cost of fire 
     suppression and have included a number of cost containment 
     measures in this Act. The conference agreement modifies 
     language included in the House bill that directs the 
     Secretary of the Interior and the Secretary of Agriculture to 
     submit a report that outlines the specific cost containment 
     measures that are being implemented to contain wildland fire 
     suppression costs. The managers expect to receive a single, 
     joint report from both Secretaries.
       The conference agreement allows unused funds from each 
     Department's fiscal year 2004 wildland fire management 
     appropriation to be used in subsequent years for future 
     urgent wildfire suppression activities.

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        wildland fire management

       The conference agreement provides an additional amount of 
     $100,000,000 for Wildland Fire Management, for urgent 
     wildfire suppression activities as described above.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                        wildland fire management

       The conference agreement includes an additional amount of 
     $400,000,000 for Wildland Fire Management, for urgent 
     wildfire suppression activities as described above.
       The conference agreement includes language contained in the 
     Senate bill that establishes an independent cost-control 
     review panel for individual wildfire incidents exceeding 
     $10,000,000 in suppression costs. The conference agreement 
     modifies language contained in the Senate bill that directed 
     the transfer of funds from unobligated balances in the 
     wildland fire management account to the U.S. Treasury if the 
     independent cost-control review panel finds that appropriate 
     actions were not taken to control suppression costs.

                      TITLE IV--GENERAL PROVISIONS

       The conference agreement does not include a provision 
     proposed in section 401 of the House bill prohibiting the use 
     of recreational fee funds for biological monitoring of 
     species listed under the Endangered Species Act. The 
     Department of the Interior has assured the managers that this 
     practice will not be pursued.
       The conference agreement does not include a provision 
     proposed in section 402 of the House bill prohibiting the use 
     of funds for the planning, design, study, or construction of 
     forest development roads in the Tongass National Forest for 
     the purpose of private harvest.
       The conference agreement does not include a provision 
     proposed in section 403 of the House bill directing the 
     Department of the Interior to submit a report on public 
     access to the Statue of Liberty.

                 TITLE V--ACROSS-THE-BOARD RESCISSIONS

       Sec. 501. The conference agreement includes an across the 
     board reduction of 0.594 percent. This reduction should be 
     applied to each program, project, and activity, except for 
     Miscellaneous Payments to Indians, which has a different 
     application of the rescission as specified in the statutory 
     language.

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                   Conference Total--With Comparisons

       The total new budget (obligational authority for the fiscal 
     year 2005 recommended by the Committee of Conference, with 
     comparisons to the fiscal year 2004 amount, the 2005 budget 
     estimates, and the House and Senate bills for 2005 follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2004.......$20,514,187
Budget estimates of new (obligational) authority, fiscal year19,686,285
House bill, fiscal year 2005.................................20,030,125
Senate bill, fiscal year 2005................................20,256,914
Conference agreement, fiscal year 2005.......................20,044,977
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2004........-469,210
  Budget estimates of new (obligational) authority, fiscal year+358,692
  House bill, fiscal year 2005..................................+14,852
  Senate bill, fiscal year 2005................................-211,937
       DIVISION F--LABOR, HEALTH AND HUMAN SERVICES, AND 
     EDUCATION, AND RELATED AGENCIES APPROPRIATIONS 2005
       In implementing this agreement, the Departments and 
     agencies should be guided by the language and instructions 
     set forth in House Report 108-636 accompanying the bill H.R. 
     5006 and Senate Report 108-345 accompanying the bill, S. 
     2810.
       In the cases where the language and instructions in either 
     report specifically address the allocation of funds, each has 
     been reviewed by the conferees and those that are jointly 
     concurred in have been endorsed in this joint statement.
       In the cases in which the House or the Senate have directed 
     the submission of a report, such report is to be submitted to 
     both the House and Senate Committees on Appropriations.
       The conferees note that section 518 sets forth the 
     reprogramming requirements and limitations for the 
     Departments and agencies funded through this Division, 
     including the requirement to make a written request to the 
     chairmen of the Committees 15 days prior to reprogramming, or 
     to the announcement of intent to reprogram, funds in excess 
     of 10 percent, or $500,000, whichever is less, between 
     programs, projects and activities.
       Finally, the conferees request that statements on the 
     effect of this appropriation Act on the Departments and 
     agencies funded in this Division be submitted to the 
     Committees within 45 days of enactment of this Act. The 
     conferees expect that these statements will provide 
     sufficient detail to show the allocation of funds among 
     programs, projects and activities, particularly in accounts 
     where the final appropriation is different than that of the 
     budget request. Furthermore, the conferees request the 
     statements to also include the effect of the appropriation on 
     any new activities or major initiatives discussed in the 
     budget justifications accompanying the fiscal year 2005 
     budget.
       The Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2005, put 
     in place by this bill, incorporates the following agreements 
     of the managers:

                      TITLE I--DEPARTMENT OF LABOR

                 EMPLOYMENT AND TRAINING ADMINISTRATION


                    training and employment services

       The conference agreement includes $5,361,957,000 for 
     training and employment services, instead of $5,112,728,000 
     as proposed by the House and $5,377,662,000 as proposed by 
     the Senate. Of the amount appropriated, $2,463,000,000 is an 
     advance appropriation for fiscal year 2006, as proposed by 
     the House and the Senate.
       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 until such time 
     as legislation reauthorizing the Act is enacted.
       For Adult Employment and Training Activities, the conferees 
     provide $898,107,000 as proposed by the Senate, instead of 
     $900,000,000 as proposed by the House.
       For Youth Training, the conferees provide $994,242,000 as 
     proposed by the Senate instead of $1,000,965,000 as proposed 
     by the House.
       The conference agreement includes $1,479,419,000 for the 
     Dislocated Worker program, as proposed by both the House and 
     the Senate. The conferees override the formula that provides 
     that 80 percent of the funds provided will be used for State 
     formula grants and 20 percent in a National Reserve Account. 
     For fiscal year 2005 the conferees provide $1,196,048,000 for 
     the State formula grants and $283,371,000 for the National 
     Reserve Account.
       The conference agreement includes bill language giving the 
     Secretary of Labor authority to use dislocated worker 
     national reserve funds to provide assistance to a State for 
     statewide or local use in order to address cases where there 
     have been worker dislocations across multiple sectors or 
     across multiple local areas. The conferees urge the 
     Secretary, when determining competitive awards under this 
     authority, to give favorable consideration to the 
     applications of assistance to States that have sustained 
     worker dislocation in such a manner and can demonstrate the 
     capacity to respond effectively in a coordinated fashion 
     across multiple sectors or local areas.
       The conferees concur with language in the Senate report 
     regarding the length of time it takes for the Department to 
     approve applications for National Emergency Grants. The 
     conferees request that the Government Accountability Office 
     examine the administration of this program, and make 
     recommendations for improvement.
       The conference agreement includes $54,675,000 for Native 
     Americans as proposed by the House instead of $55,000,000 as 
     proposed by the Senate.
       The conference agreement includes $1,559,804,000 for Job 
     Corps. Within the total, $1,443,483,000 is provided for 
     continuing operations of the program and $116,321,000 is for 
     renovation and construction of Job Corps centers. The 
     conference recommendation includes an increase of $10,000,000 
     over the budget request to begin the process of establishing 
     additional Job Corps centers, following up on directions 
     contained in the conference report accompanying Public Law 
     108-199.
       The conference recommendation includes funding to support a 
     demonstration partnership with the Transportation Security 
     Administration (TSA) at multiple Job Corps sites so that the 
     Job Corps can help to fill unmet needs by providing TSA 
     access to an expanded pool of job applicants. This funding 
     will pay costs of both parties. The Department of Labor and 
     the Department of Homeland Security are encouraged to develop 
     a cooperative agreement that would help to leverage Federal 
     resources, to provide TSA with an expanded pool of potential 
     job applications and to utilize Job Corps facilities as 
     appropriate to support the needs of TSA, including those of 
     qualified private screening companies under contract to TSA.
       The conferees note that Section 171 of the Workforce 
     Investment Act requires the Secretary, every two years, to 
     publish a plan that describes the demonstration and pilot 
     project priorities of the Labor Department, and expects the 
     next such plan to be completed and published by March 31, 
     2005.
       The conferees further direct that the Department submit an 
     operating plan that outlines the planned allocation by major 
     project and activity (excluding Congressionally-directed 
     projects) of fiscal year 2005 funds for pilots, 
     demonstrations, and research. This plan should be provided to 
     the House and Senate Appropriations Committees no later than 
     May 31, 2005.
       The conferees recognized the effectiveness of the Family 
     Enrichment Center in Chicago, Illinois and encourages the 
     Department of Labor to continue its partnership with 
     Haymarket Center in order to enhance efforts to train 
     individuals with severe employment barriers.
       With respect to the projects listed below for pilots and 
     demonstrations, the conferees encourage the Department to 
     ensure that these projects are coordinated with local 
     Workforce Investment Boards. The conferees also encourage the 
     Department to ensure that project performance is adequately 
     documented and evaluated. The conference agreement includes 
     the following amounts for the following projects and 
     activities:

413 Hope Mission Ministries, Philadelphia, PA for employment skills 
  training for disadvantaged adults and ex-offenders...........$100,000
Abilities Fund in Centerville, IA for a revolving loan fund for 
  entrepreneurs with disabilities.............................1,000,000
Advanced Ceramics Research, Inc., for academic outreach and workforce 
  development.................................................1,000,000
Alaska Department of Labor and Workforce Development, Juneau, AK to 
  fund training for gas pipeline workers........................500,000
American Community Partnerships, Washington, DC, for the Working 
  Together for Jobs-Philadelphia in conjunction with the Philadelphia 
  Housing Authority to provide pre-apprenticeship training......200,000
American Illinois, Inc., Chicago, IL, for its Amer-I-Can program for 
  at-risk youth and ex-offenders.................................50,000
Amigo de los Rios, Los Angeles, CA, for an environmental career 
  training program for at-risk youth............................100,000
Asnuntuck Community College, Enfield, CT, for improvements to Asnuntuck 
  Community College's Manufacturing Technology Center...........200,000
Automation Alley, Troy, MI for training.........................450,000
Aztec Fire Crew, Los Angeles, CA, for a project to train fire-fighters 
  and emergency medical technicians.............................400,000

[[Page H10628]]

Baltimore City, MD, for the ex-offender initiative at the Mayor's 
  Office of Employment Development..............................450,000
BASE, Inc., Lancaster, PA to continue assisting minorities and women in 
  creating, retaining, and expanding microenterprises...........100,000
Ben Franklin Technology Partners, Harrisburg, PA to establish a 
  Commonwealth-wide virtual network to enable companies geographically 
  dispersed across the state to share information, training tools, and 
  other educational resources...................................100,000
BioPartners, Inc, Nassau County, NY, for life sciences and biotech 
  workforce training at iPark, a biotech and life sciences cente255,000
Bismarck State College, Bismarck, ND, for a National Energy Technology 
  Training and Education Project................................500,000
Black Clergy of Philadelphia and Vicinity, Philadelphia, PA to train 
  participants in integrative technology skills in the Philadelphia 
  area in an effort to improve job skills required for the changing job 
  market......................................................4,000,000
Blackhawk Technical College in Janesville, WI for workforce training 
  programs......................................................300,000
Brooklyn Public Library, Brooklyn, NY to expand an education and job 
  information center............................................500,000
Burlington Technical Center in Burlington, VT to upgrade post-graduate 
  aviation technician training program..........................200,000
California University of Pennsylvania, California, PA to establish a 
  Center for Biomedical Workforce...............................100,000
CAMP, Inc., Cleveland, OH, for the development of world-class training 
  services in lean manufacturing process improvement............500,000
Capital IDEA, Austin, TX, for a workforce development and training 
  initiative, including supportive services.....................320,000
Capital Workforce Partners, Hartford, CT, for the development of the 
  Comprehensive Entrepreneurial Training Systems in New Britain,100,000
Career Academy, Louisville, KY, for a workforce development prog289,000
Career Resources, Bridgeport, CT, for workforce development.....100,000
Carl Sandburg College, Galesburg, for job training programs.....100,000
Center for Employment Training, San Jose, CA, for an At-Risk Out-of-
  School Youth Demonstration Project............................200,000
Center for Entrepreneurship for the New West, Bozeman, MT to train 
  entrepreneurial students for economic development.............125,000
Central California Excellence in Workforce Development for an outreach 
  campaign for career opportunities.............................100,000
Central Iowa Employment & Training Consortium for a resource center for 
  disabled and disadvantaged individuals........................600,000
Central State University, Wilberforce, OH, to implement a world class 
  modular automation training system............................200,000
Centralia College, WA, for non-traditional worker training......250,000
Charity Cultural Services Center, San Francisco, CA, for its Skills for 
  Life initiative...............................................400,000
Chattanooga State Technical Community College, Chattanooga, TN..400,000
Cincinnati State Community College, Cincinnati, OH, for an Integrated 
  Systems Technology training program...........................250,000
City of Auburn, Auburn, NY......................................300,000
City of Holly Springs Regional Technology Center................100,000
City of Portland, Portland, OR, for its workforce assessment, training 
  and retraining initiative.....................................300,000
City of Santa Ana, Santa Ana, CA, for a one-stop workforce preparation 
  and job search center for youth...............................200,000
Clackamas Community College, Oregon City, OR, for its energy and 
  resource management workforce training initiative.............150,000
Collegiate Consortium for Workforce and Economic Development, 
  Philadelphia, PA, for workforce development and training......300,000
Communities in Schools, San Fernando Valley, Inc., North Hills, CA, for 
  its Striving for Success Jobs Initiative to provide job preparedness 
  and placement for at-risk youth...............................535,000
Community College of Allegheny County, Pittsburgh, PA, for a Mobile 
  Educational Lab to provide training in critical subject areas..50,000
Community Education Council of Elk and Cameron Counties, St. Marys, PA, 
  for workforce training.........................................75,000
Community Empowerment Association, Pittsburgh, PA, in collaboration 
  with Boys and Girls Harbor, Inc., New York, NY to establish a job 
  readiness and work force development program..................100,000
Community Learning Center of Washington County, Salem, IN, for 
  workforce development, training and employment services.......150,000
Cook Inlet Tribal Council for the Alaska's People Program in Anchorage, 
  AK............................................................225,000
County of San Bernardino Workforce Investment Board, San Bernardino 
  County, CA....................................................250,000
Desert Research Institute, Reno, Nevada to create the Northern Nevada 
  Technology Initiative to help drive the creation of a high technology 
  workforce in Nevada...........................................150,000
Dorcas Place, Providence, Rhode Island to expand workplace literacy 
  program.......................................................150,000
Economic Growth Connection of Westmoreland, Greensburg, PA for 
  workforce skills assessment, development and training initiati150,000
Empowerment Group, Philadelphia, PA to provide Latino and minority 
  employers with the technical assistance needed to create jobs and set 
  up on-the-job training programs for low-income residents......100,000
Enrichment Association of Community Healing (TEACH), Columbus, OH for 
  training......................................................325,000
Enterprise Center, Philadelphia, PA to recruit and train minority and 
  underprivileged entrepreneurs.................................100,000
Excel Institute, Washington, DC, for workforce training in automotive 
  technology and repair.........................................430,000
Expertise, Inc. in Las Vegas, NV, to provide employment training 
  assistance to low income residents............................250,000
Fashion Business, Inc., Los Angeles, CA, for workforce development and 
  training.......................................................50,000
Fay-Penn Economic Development Council, Uniontown, PA to improve 
  manufacturing competitiveness.................................100,000
Florida Institute of Technology, Melbourne, FL, to continue a program 
  to assist small businesses in competing for government contrac900,000
Fort Worth Hispanic Chamber of Commerce, Fort Worth, TX, for an ESL 
  Program.......................................................334,000

[[Page H10629]]

Fresno County Workforce Investment Board, Fresno, CA, for workforce 
  development...................................................400,000
Fresno County, Department of Employment and Temporary Assistance, 
  Fresno, CA, for Rural Vocational Training Centers.............225,000
Hawaii Community Foundation for the Samoan/Asian Pacific Job Training 
  program.......................................................500,000
HIREABILITY, Philadelphia, PA to provide employment training to people 
  with disabilities in the Philadelphia region..................100,000
Hispanic / Latino Center Inc., Pittsburgh, PA to provide workplace 
  readiness and job training to targeted Hispanic workers........50,000
Houston Area Urban League, Houston, TX, for its Communities to Work 
  Program.......................................................300,000
Illinois State University, Normal, IL for training..............500,000
Illinois Valley Community College, Oglesby, IL..................400,000
Impact Services Corporation, Philadelphia, PA to support its Community 
  Job Placement and Training Program.............................75,000
Indian Territory Associates, Shawnee, OK to establish an electronic 
  knowledge repository for the employees of the Oklahoma City Air 
  Logistics Center...............................................50,000
Institute for Advanced Learning and Research, Danville, VA, for the 
  Fast-Track Information Technology Workforce Preparation Progra100,000
Institute for Human Investment and Economic Growth, Ashland, OH.100,000
Institute of Furniture Manufacturing and Management, Mississippi State 
  University, Mississippi State, MS.............................500,000
International Association of Jewish Vocational Services, Philadelphia, 
  PA to provide career services and job training readiness skills to 
  dislocated workers............................................150,000
Iowa Commission of Latino Affairs to create a certification process for 
  Spanish-English interpreters and translators..................243,000
Iowa Valley Community College District, Marshalltown, IA, for equipment 
  and computer and skill training...............................150,000
Ivy Tech State College, Fort Wayne, IN, for workforce training and 
  development....................................................50,000
Jackson Health System, Miami, FL, for Miami Dade County's Center for 
  Patient Safety................................................125,000
Jewish Family and Children's Service of Pittsburgh, PA to provide 
  intensive and individualized employment assistance to immigrants that 
  will address the unique barriers that immigrants face.........100,000
Jewish Healthcare Foundation, Pittsburgh, PA for the Health Careers 
  Futures program to train individuals for careers in patient ca100,000
Jewish Vocational Service, Los Angeles, CA, for a certified nursing 
  assistant training and job placement initiative...............200,000
Jewish Vocational Services, Inc., Boston, MA, for job training and 
  workforce development.........................................400,000
Kennebec Valley Community College Foundation, Fairfield, ME, to support 
  training of skilled workers in the field of Radiology.........250,000
Ken's Kids, Inc, Bronx, NY, for vocational training and placement for 
  youth with mental retardation..................................50,000
Lake County, IL, for a summer youth employment program..........200,000
Laramie County Community College, Cheyenne, Wyoming for implementation 
  of a high tech manufacturing training curriculum..............100,000
Lawson State Community College, Birmingham, AL, for its Alabama Center 
  for Advanced Training Program.................................140,000
Louisiana National Guard, New Orleans, LA.......................100,000
MAGLEV, Inc., McKeesport, PA to create an associate degree training 
  program to train individuals in Advanced Manufacturing Technology for 
  precision fabrication.......................................1,000,000
Maine Manufacturing Extension Partnership (Maine MEP), Rapid 
  Mobilization of the New England Manufacturing Sources to Meet Defense 
  Shortages and Surge Demands for Parts and Equipment...........250,000
Marshall County Economic Division, Guntersville, AL, for the Marshall 
  County Workforce Target Project................................20,000
Massachusetts League of Community Health Centers, Boston, MA, in 
  collaboration with the East Boston Neighborhood Health Centers for a 
  workforce development initiative..............................250,000
Massachusetts Manufacturing Extension Partnership, Worcester, MA, for 
  manufacturing workforce development programs..................125,000
Massey Center for Business Innovation and Development, Pittsburgh, PA 
  to provide entrepreneurial skills to Veterans.................100,000
Maui Community College, Hawaii, for the Remote Rural Hawaii Jo1,500,000
Maui Economic Development Board in Hawaii for the Rural Computer 
  Utilization Training Program..................................300,000
Maui Economic Development Board in Hawaii to continue the Maui High 
  Technical program.............................................300,000
Maura Clarke-Ita Ford Center, in partnership with New York City College 
  of Technology/CUNY, Brooklyn, NY, for workforce development, job 
  training and education programs...............................250,000
Mayville State University, Mayville, ND, for the Traill County 
  Technology Center.............................................100,000
McKean County Redevelopment Authority, Smethport, PA to create an 
  Education Center in Port Allegheny to further adult education in 
  rural Pennsylvania............................................100,000
MECA United Cerebral Palsy, Erie, PA to develop a job-training program 
  for adults with disabilities...................................50,000
Medina County Office of Workforce Development, Medina, OH, for training 
  of individuals in careers associated with Homeland Security...150,000
Melwood Horticultural Training Center, Inc., Upper Marlboro, MD, for 
  the establishment of a document management training and placement 
  program.......................................................200,000
Mercy Vocational High School, Philadelphia, PA to expand its Certified 
  Nursing Assistant training program for low-income individuals in 
  North Philadelphia............................................150,000
Metropolitan Career Center, Philadelphia, PA to offer workforce 
  training to low-income, under educated individuals who lack the 
  ability to gain employment without special assistance.........100,000
Milwaukee Area Technical College in Milwaukee, WI for developing skills 
  standards.....................................................450,000
Mineral Area College, Park Hills, MO............................500,000
Minot State University, Minot, ND, for the Job Corps Executive 
  Management Program............................................650,000
Mission of Love, Inc., Capitol Heights, MD, for a life skills, 
  workforce preparation, and training initiative................150,000

[[Page H10630]]

Mississippi State University, Starkville, MS, Robotics and Automated 
  Systems for Nursery Industry..................................500,000
Mississippi State University, Starkville, MS, Workforce Development 
  Training Quality Assessment (CAVS)............................400,000
Mississippi Valley State University, Automatic Identification 
  Technology....................................................400,000
Montachusett Opportunity Council, Fitchburg, MA, for a career ladder 
  program for certified nursing assistants......................200,000
MS Tech Alliance/JSU Business Incubator.........................500,000
Multicultural Community Family Services, Upper Darby, PA to address the 
  job training needs of area African immigrants and refugees.....50,000
National Council of La Raza in Washington, DC, to provide technical 
  assistance on Hispanic workforce issues including capacity building, 
  language barriers, and health care job training...............500,000
National Student Partnerships, Washington, DC, for field and national 
  office operations to expand employment and education referral and 
  counseling services...........................................600,000
New York Association for New Americans, New York, NY............100,000
NewCourtland Elder Services, Philadelphia, PA to provide a networking 
  service designed to train existing employees and market nursing home 
  jobs to local residents.......................................150,000
North Carolina Rural Economic Development Center, Raleigh, NC, for 
  Project New Start, to provide employment and training services for 
  dislocated workers............................................400,000
Northeast Higher Education District, Chisholm, Minnesota, for the 
  TechNorth Prep Center Network.................................350,000
Northeast States Association for Agricultural Stewardship, Dresden, ME 
  to develop and host a conference on the challenges and opportunities 
  for rural workforce development................................75,000
Northwest Arctic Borough School District, Kotzebue, AK, for vocational 
  training......................................................250,000
Northwest Concentrated Employment Program, WI, for the Talent Profiling 
  System........................................................700,000
Northwest Industrial Resource Center, Inc., Erie, PA, for worker 
  training, retraining and technology implementation programs as part 
  of an advanced workforce development initiative...............150,000
Opportunities Industrialization Centers of America, Philadelphia, PA to 
  provide skills training in the allied healthcare profession to 
  minorities....................................................250,000
Our House, Inc., Decatur, GA, for the ``Parent Intern'' program.150,000
Patrick County Education Foundation, Stuart, VA, for a workforce 
  development project for rural communities.....................100,000
Pennsylvania Industrial Resource Center, Williamsport, PA to help 
  schools develop multi-year, multi-institution curricula that focus on 
  skills for a manufacturing career.............................100,000
Pennsylvania Learning Network, Harrisburg, PA to provide workforce 
  development and professional training.........................100,000
Philadelphia Veterans Multi Service Center, Philadelphia, PA for a 
  multipurpose center for job training of veterans..............550,000
Phoenix House, Providence, RI, for a Workforce Development Proje100,000
Pine Ridge Area Chamber of Commerce in Kyle, South Dakota for a 
  Workforce Success Program.....................................200,000
Pittsburgh Airport Area Chamber Enterprise Foundation, Moon Township, 
  PA for a business incubator and workforce development program..75,000
Polk Community College, Lakeland, FL, for the Corporate College 200,000
Precision Manufacturing Institute, Meadville, PA................100,000
Prince Music Theater, Philadelphia, PA, to develop the Prince Music 
  Theater Training Institute to provide professional training in the 
  arts...........................................................75,000
Project ARRIBA, El Paso, TX, for a workforce training initiative340,000
Project One, Louisville, KY, for employment program technology, 
  salaries and material..........................................25,000
Ramsey County Workforce Solutions, North St. Paul, MN to create 
  software for three east metro hospitals/healthcare systems a to 
  assist non-English proficient new Americans advance from entry-level 
  positions to higher-level skilled healthcare careers..........100,000
Regional Economic Development District Initiatives (REDDI) of South-
  Central PA, Harrisburg, PA to assist companies in developing targeted 
  clusters, identifying employers' skill set requirements, and 
  facilitating training opportunities through workforce development 
  partners......................................................100,000
Rend Lake College, Ina, IL, for workforce training..............150,000
Rural Enterprises of Oklahoma, Inc., Durant, OK to provide 
  entrepreneurial training.......................................50,000
Saint Louis Community College--Florissant Valley, Saint Louis, MO, for 
  its Integrated Systems Technology technical training initiative at 
  the Metropolitan Education and Training Center................320,000
Schoolcraft College, Livonia, MI, for Advanced Manufacturing 
  Applications..................................................100,000
Second Chance Employment Services, Washington, D.C. to develop a 
  nationwide program that helps abused and other at-risk women find 
  employment....................................................100,000
Second Chance, San Diego, CA, for its Prisoner Re-entry Employment 
  Program.......................................................220,000
Shelton State Community College, Tuscaloosa, AL, for workforce 
  development, job training and job placement initiatives.......410,000
Sophie Sampson Center of Hope, Society of St. Vincent de Paul South 
  Pinellas, Inc., St. Petersburg, FL............................250,000
South Bay Workforce Investment Board, Hawthorne, CA, for its Bridges to 
  Work program..................................................290,000
South Seattle Community College, WA, to expand apprenticeship tr100,000
Southeast Tennessee Development District, Chattanooga, TN.......300,000
Southland Health Care Forum, South Holland, IL, for its Southland 
  Health Careers nurse training initiative......................100,000
Southwest Alaska Vocational Education Center (SAVEC), King Salmon, AK, 
  for vocational training.......................................500,000
Southwestern Oklahoma State University, Weatherford, OK, for Oklahoma 
  Business Commercialization Center.............................320,000
Stark State College of Technology, Canton, OH...................433,000
Stark State College of Technology, Canton, OH for equipment.....200,000
State of Hawaii, Honolulu, HI, for a project for building the capacity 
  of professional healthcare services.........................2,000,000

[[Page H10631]]

State University of New York, College of Environmental Science and 
  Forestry, Syracuse, NY........................................100,000
Stillman College, Tuscaloosa, AL, for a One-Stop Community Resource 
  Learning Center to provide job readiness, training, placement and 
  supportive services...........................................140,000
Team Taylor County, Campbellsville, KY, for Campbellsville University 
  Technology Training Center....................................250,000
The Joblinks program for continuation costs.....................500,000
Tides Center of Western Pennsylvania, Pittsburgh, PA, for the Keys2Work 
  program........................................................25,000
TIGER House, Tunkhannock Area School District, Tunkhannock, PA, for 
  vocational training for special needs students.................50,000
Twenty-First Century Council--IMPACT Learning Center, Scottsboro, AL, 
  for workforce development and training.........................75,000
United Mine Workers of America Career Center, Washington, PA for a 
  technical training and occupational health safety program for mining 
  occupations...................................................800,000
United Mine Workers of America, Fairfax, VA, for the UMWA Career 
  Centers.....................................................1,200,000
University of Alaska/Southeast--Ketchikan Campus, Ketchikan, AK to 
  provide skills assessment, training and a certification program for 
  Ketchikan shipyard workers....................................150,000
University of Hawaii at Maui for the Training & Education Opportunities 
  program.....................................................1,800,000
University of Idaho, to continue and expand the Alternative Careers for 
  Idaho Project, to assist persons dislocated from traditional, 
  resource-based Idaho careers..................................900,000
University of Northern Iowa, Cedar Falls, IA to provide immigration 
  services to Iowa Communities..................................200,000
University of Wisconsin--Stout, Menomonie, WI, for manufacturing 
  workforce development initiatives.............................150,000
Upper Catskill Television Network, Inc., Oneonta, NY............100,000
Valencia County Hispano Chamber of Commerce, Belen, NM, for workforce 
  training......................................................250,000
Valley Initiative for Development and Advancement, Weslaco, TX, for a 
  workforce training initiative.................................320,000
Vermont Department of Employment and Training for a statewide career 
  development system............................................450,000
Vermont HITEC, Inc of Williston, VT for the Vermont Information 
  Technology Apprenticeship Program.............................325,000
Vietnam Veterans Leadership Program of Western Pennsylvania, 
  Pittsburgh, PA, for the Jobs for Veteran's Project............750,000
Wallace Community College, Dothan, AL, for the Southeast Alabama 
  Workforce Readiness program...................................150,000
Waubonsee Community College, Sugar Grove, IL to train integrated 
  systems technologists.........................................300,000
West Shore Community College, Scottsville, MI, for workforce investment 
  and training for unemployed individuals.......................400,000
West Virginia High Technology Consortium Foundation, Fairmont, WV, for 
  an information technology training program....................500,000
Westside Industrial Retention and Expansion Network, Cleveland, OH, for 
  a workforce training project..................................370,000
WHYY, Inc., Philadelphia, PA, to expand and digitize its GED Connection 
  program to prepare individuals for the workforce...............50,000
Women Work, Washington, D.C. for workforce training and development for 
  women in the information technology sector.....................50,000
Women's Resource Assistance Program Inc., Harvey, IL, for its Career 
  STEPS Self Sufficiency Program to prepare women for non-traditional 
  careers.......................................................100,000
Work, Achievement, Values & Education, Inc. (WAVE), Washington, D.C. to 
  provide job skills training to high school drop outs...........75,000
Workforce Connections in La Crosse, WI for incumbent worker trai200,000
Workforce Development Council of King County, WA, to provide literacy 
  assistance and job training for immigrants....................100,000
Workforce Initiative Association, Canton, OH, for a Workforce 
  Advancement Demonstration project.............................400,000
Workforce Investment Board of Herkimer, Madison and Oneida Counties, 
  Utica, NY.....................................................175,000
Workforce Resource, Inc in Menomonie, WI for incumbent health care 
  worker training...............................................150,000
WorkNet Pinellas, Clearwater, FL................................200,000
Wrightco Technologies, Ebensburg, PA to provide security systems 
  installation and high-tech communications training to clients across 
  PA............................................................100,000
Wrightco Technologies, Inc., Claysburg, PA to support job-training 
  program with UMWA.............................................100,000

       The conference agreement includes $50,000,000 for 
     Responsible Reintegration of Youthful Offenders as proposed 
     by the Senate. The House did not recommend funds for this 
     activity. The conference agreement also provides $20,000,000 
     for the prisoner re-entry initiative, instead of $40,000,000 
     as proposed by the Senate. The House did not recommend funds 
     for this activity. Within the amount provided for prisoner 
     re-entry, the conferees encourage the Department to partner 
     with organizations with a proven history of reducing 
     recidivism by helping individuals exiting prison make the 
     successful transition to employment.
       The conference agreement includes $250,000,000 requested by 
     the administration to carry out the Community College/
     Community-Based Job Training Grant initiative. Of this 
     amount, bill language provides that $125,000,000 is to be 
     allocated from National Emergency Grant funds available under 
     section 132(a)(2)(A) of the Workforce Investment Act, 
     overriding the limitation otherwise imposed under section 
     171(d). The Secretary is expected to initially use resources 
     from the National Emergency Grants account for these awards 
     that are designated for non-emergencies under sections 171(d) 
     and 170(b) of the Workforce Investment Act. Community-Based 
     Job Training Grant awards will also be subject to the 
     limitations of sections 171(c)(4)(A) through 171(c)(4)(C) of 
     the Workforce Investment Act to ensure that these grants are 
     awarded competitively. Funds used for this initiative should 
     strengthen partnerships between workforce investment boards, 
     community colleges, and employers, to train workers for high 
     growth, high demand industries in the new economy.
       The conferees provide $7,000,000 for the Denali Commission 
     for job training instead of $8,000,000 as proposed by the 
     Senate. The House recommendation did not include funds for 
     this activity.

     State Unemployment Insurance and Employment Service Operations

       The conference agreement appropriates $3,666,235,000 for 
     State Unemployment Insurance and Employment Service 
     Operations, instead of $3,582,848,000 as proposed the House 
     and $3,636,235,000 as proposed by the Senate. For 
     unemployment insurance services, the bill provides 
     $2,695,214,000 instead of $2,701,214,000 as proposed by the 
     House and $2,665,214,000 as proposed by the Senate. The 
     conference agreement includes $2,684,714,000 for UI State 
     Operations instead of $2,690,714,000 as proposed by the House 
     and $2,654,714,000 as proposed by the Senate. The agreement 
     includes a contingency reserve amount should the unemployment 
     workload exceed an average weekly insured claims volume of 
     3,227,000 instead of 3,327,000 as proposed by the House.
       For the Employment Service grants to states, the agreement 
     includes $786,887,000 as proposed by the Senate instead of 
     $696,000,000 as proposed by the House. This includes 
     $23,300,000 in general funds as proposed by the House instead 
     of $23,163,000 as proposed by the Senate and $763,587,000 
     from the ``Employment Security Administration'' account of 
     the unemployment trust fund instead of $672,700,000 as 
     proposed by the House and $763,724,000 as proposed by the 
     Senate.
       For Employment Service national activities the agreement 
     includes $65,500,000 as

[[Page H10632]]

     proposed by the Senate, instead of $67,000,000 as proposed by 
     the House.

                         Program Administration

       The conference agreement appropriates $171,473,000 for 
     Program Administration, instead of $168,854,000 as proposed 
     by the House and $177,615,000 as proposed by the Senate. The 
     detailed table at the end of this joint statement reflects 
     the activity distribution agreed to by the conferees.

                  Employment Standards Administration


                         salaries and expenses

       The conference agreement includes $404,345,000 for the 
     Employment Standards Administration, salaries and expenses, 
     instead of $402,818,000 as proposed by the House and 
     $405,870,000 as proposed by the Senate. The detailed table at 
     the end of this joint statement reflects the activity 
     distribution agreed to by the conferees.

             Occupational Safety and Health Administration


                         Salaries and Expenses

       The conference agreement includes $468,109,000 for the 
     Occupational Safety and Health Administration instead of 
     $461,599,000 as proposed by the House and $468,645,000 as 
     proposed by the Senate. The detailed table at the end of this 
     joint statement reflects the activity distribution agreed to 
     by the conferees.
       The conferees concur with the House bill and report 
     language regarding OSHA's enforcement of the Respiratory 
     Standard as it applies to tuberculosis. The conferees advise 
     OSHA to take no further action with regard to respiratory 
     protection for occupational exposure to TB until such time as 
     the CDC has completed the ongoing revisions of its TB 
     guidelines.
       The conferees concur with the Senate bill and report 
     language that not less than $3,200,000 is to be used to 
     extend funding for the Institutional Competency Building 
     training grants provided that a grantee has demonstrated 
     satisfactory performance.

                 Mine Safety and Health Administration


                         salaries and expenses

       The conference agreement includes $281,535,000 for the Mine 
     Safety and Health Administration instead of $275,567,000 as 
     proposed by the House and $280,002,000 as proposed by the 
     Senate. The detailed table at the end of this joint statement 
     reflects the activity distribution agreed to by the 
     conferees.
       Within the total, the conference agreement includes 
     $2,000,000 to be available for mine rescue and recovery 
     activities on a non-contingency basis as proposed by the 
     Senate.
       The conferees expect the Mine Safety and Health 
     Administration to keep it fully and currently informed of A-
     76 competitions, and that any competitions will be conducted 
     fairly and equitably and will result in significant savings 
     and the improvement in the quality of services to taxpayers. 
     The Conferees urge all possible diligence to ensure that 
     inherently governmental functions are not subject to A-76 
     competitions. The conference agreement includes the following 
     amounts for the following projects and activities:

Infrastructure improvements at the Mine Academy in Beckley, West 
  Virginia.....................................................$750,000
Wheeling Jesuit University for the National Technology Transfer Center 
  for a coal slurry impoundment pilot project................$3,000,000

                       Bureau of Labor Statistics


                         Salaries and Expenses

       Within the total for the Employment and Unemployment 
     Statistics activity, $5,000,000 is for the Mass Layoff 
     Statistics program as proposed in the Senate bill.

                 Office of Disability Employment Policy


                         Salaries and Expenses

       The conferees commend ODEP for their efforts to enhance 
     telework opportunities for severely disabled individuals. To 
     build on ODEP's efforts to increase telework opportunities in 
     the federal government, the conferees direct that $1,000,000 
     be transferred from ODEP to the Centers for Medicare and 
     Medicaid Services (CMS) to build on a previous pilot between 
     ODEP and CMS.
       The conferees are pleased that CMS has piloted the 
     performance of CMS call center work by individuals with 
     severe disabilities working from home-based workstations. 
     This model has the potential to be expanded within CMS and 
     replicated outside of CMS by government agencies and others 
     interested in following CMS's lead.
       The conference agreement provides such transfer to expand 
     and refine the existing CMS model in conjunction with 
     National Telecommuting Institute, Inc., as well as 
     disseminate information about this telework model to other 
     agencies.

                        Departmental Management


                         Salaries and Expenses

       The conference agreement includes $323,422,000 for 
     Departmental Management, salaries and expenses, instead of 
     $264,967,000 as proposed by the House bill and $357,050,000 
     as proposed by the Senate. The detailed table at the end of 
     this joint statement reflects the activity distribution 
     agreed to by the conferees.
       The conference agreement includes $94,000,000 for the 
     Bureau of International Labor Affairs (ILAB). Within the 
     total provided, $79,000,000 is to assist developing countries 
     with the elimination of child labor. Of this amount, 
     $45,000,000 is for the International Labor Organization's 
     International Programme for the Elimination of Child Labor 
     and $34,000,000 is provided for bilateral assistance to 
     improve access to basic education in international areas with 
     a high rate of abusive and exploitative child labor. In 
     addition, the conference agreement includes $2,000,000 for 
     ILAB to build its own permanent capacity to monitor and 
     report regularly and in-depth to the Congress on the extent 
     to which foreign countries with trade and investment 
     agreements with the United States respect internationally-
     recognized worker rights and effectively promote core labor 
     standards. The conference agreement also includes $11,000,000 
     for Federal administration and other ILAB programs.
       The conference agreement includes $2,000,000 for the 
     purpose of assisting the International Labor Organization in 
     implementing a program to confront HIV/AIDS in the workplace. 
     The primary purpose of this program shall be to promote 
     workplace policies which combat HIV-related stigma and 
     discrimination, and promote prevention on the basis of 
     tripartite partnerships among workers, employers and 
     governments around the world.
       The conferees are disturbed that the Department of Labor 
     transferred fiscal year 2004 funds to augment activities for 
     which funds were previously denied and to initiate new 
     activities for which both the House and Senate Appropriations 
     Committees denied funding. The Appropriations Committees have 
     provided authority to reprogram and transfer funds in order 
     to provide flexibility to the Department to address 
     unforeseen needs and emergencies. However, the Department, 
     instead, has used these flexibilities to circumvent funding 
     decisions made by the Congress. Therefore, the conferees have 
     included bill language to clarify reprogramming and transfer 
     procedures.

                    Veterans Employment and Training

       The conference agreement includes $224,648,000 for Veterans 
     Employment and Training instead of $225,648,000 as proposed 
     by the House and $226,781,000 as proposed by the Senate. The 
     detailed table at the end of this joint statement reflects 
     the activity distribution agreed to by the conferees.
       The conference agreement includes $13,198,000 for 
     activities under the Uniformed Services Employment and 
     Reemployment Rights Act. The conferees intend that the 
     additional resources over FY 2004 be used for additional 
     investigations and educational outreach to employers about 
     reemployment rights of uniformed service members departing 
     from and returning to work.

                          Working Capital Fund

       The conference agreement includes $10,000,000 for the 
     Working Capital Fund the same as proposed by the House 
     instead of $15,000,000 as proposed by the Senate.

                           General Provisions


                     one percent transfer authority

       The conference agreement modifies a provision proposed by 
     the Senate limiting the authority to transfer funds between a 
     program, project or activity and requiring a 15 day 
     notification of any transfer.


                         EXECUTIVE ORDER 13126

       The conference agreement includes a provision proposed by 
     the Senate that none of the funds appropriated in this Act 
     shall be obligated or expended for the procurement of goods 
     produced by forced or indentured child labor. The House bill 
     contained no similar provision.


                           DENALI COMMISSION

       The conference agreement includes a provision proposed by 
     the Senate that authorizes to be appropriated such sums as 
     may be necessary to the Denali Commission to conduct job 
     training where Denali Commission projects will be 
     constructed. The House bill contained no similar provision.


                            TRANSIT SUBSIDY

       The conference agreement includes a provision directing the 
     Secretary to provide, within 45 days, to the Department of 
     Labor employees in the National Capital Region the full 
     transit subsidy that they are eligible to receive.


                      congressional justifications

       The conference agreement includes bill language requiring 
     the Department of Labor to submit its fiscal year 2006 
     congressional budget justifications in the traditional budget 
     structure rather than in a ``performance'' budget structure. 
     The Department is directed to return to preparing the 
     traditional congressional justifications as they were 
     prepared prior to fiscal year 2003, with separate sections 
     for each appropriations account, providing detailed 
     information on the prior year, current year, and requested 
     budget year funding and Federal staffing levels for each 
     program, project, or activity funded within each account; a 
     detailed narrative description of each program, project, or 
     activity; and budget and measurement information should be 
     submitted as a separate appendix in the budget justification 
     material.
       The conferees support the Department's effort to integrate 
     program performance more prominently into its budget 
     formulation and to display that information more thoroughly 
     in the justification, but the conferees direct that technical 
     account and program information be prominent in each agency's 
     budget justifications similar to the Department's budget 
     justifications prior to fiscal year 2003 so that information 
     can be found easily and quickly. The Department is directed 
     to delineate materials by appropriation account,

[[Page H10633]]

     providing detailed information on the prior year, current 
     year, and requested budget year funding and Federal staffing 
     levels for each program, project, or activity funded within 
     each account; a narrative description of each program, 
     project, or activity; and any proposed changes to such 
     program, project, or activity. The Department is encouraged 
     to continue using outcome and performance measures as the 
     primary management tool for resource allocation and the 
     evaluation of programs and individuals.


                          overtime regulation

       The conference agreement deletes without prejudice language 
     proposed by the House and Senate stating that none of the 
     funds provided may be used to implement or administer any 
     changes to regulations regarding overtime compensation in 
     effect on July 14, 2004.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     health resources and services

       The conference agreement includes $6,881,624,000 for health 
     resources and services, of which $6,856,624,000 is provided 
     as budget authority and $25,000,000 is made available from 
     the Public Health Service policy evaluation set-aside, 
     instead of $6,330,333,000 as proposed by the House and 
     $6,966,280,000 as proposed by the Senate.
       The conference agreement includes resolution of two 
     technical bill language differences: the Social Security Act 
     is cited once as proposed by the House rather than twice as 
     proposed by the Senate; the citation of the Poison Control 
     Center Act is expanded as proposed by the Senate.
       The conference agreement includes bill language providing 
     $484,629,000 for construction and renovation (including 
     equipment) of health care and other facilities and other 
     health-related activities. The Senate included bill language 
     providing $371,536,000 for this purpose; no funding was 
     provided by the House. These funds are to be used for the 
     following projects:

A.O. Fox Memorial Hospital, Oneonta, NY for facilities and equi$250,000
Aberdeen Area Tribal Chairmen's Health Board in Rapid City, South 
  Dakota for Northern Plains Healthy Start......................300,000
Abington Memorial Hospital, Abington, PA........................350,000
Access Center, Inc., Vienna, VA for facilities and equipment....350,000
Advanced Technology Institute, Charleston, SC for a demonstration 
  program for delivery of diabetes diagnostic and care services through 
  telehealth technology.........................................275,000
Adventist HealthCare, Rockville, MD for facilities and equipment750,000
Akron General Medical Center, Akron, OH for facilities and equipment 
  for the Edwin Shaw Rehabilitation Hospital....................250,000
Alabama Association of Area Agencies on Aging, Montgomery, AL for 
  facilities and equipment......................................175,000
Alamance Regional Medical Center, Burlington, NC for facilities and 
  equipment.....................................................125,000
Alaska Family Practice Residency Program, Anchorage, AK to support its 
  family practice residency programs............................500,000
Alaska Federal Health Care Access Network, Anchorage, AK to support 
  activities of the Alaska Telemedicine Advisory Committee......300,000
Alaska Native Medical Center, Anchorage, AK...................1,000,000
Alaska Psychiatric Institute, Anchorage, AK for its Telebehavioral 
  Health Project................................................400,000
Albert Einstein Healthcare Network, Philadelphia, PA..........1,000,000
Alice Hyde Medical Center, Malone, NY, for facilities and equipm100,000
Alivio Medical Center, Chicago..................................250,000
All Children's Hospital, Inc., St. Petersburg, FL for facilities and 
  equipment...................................................5,000,000
Allegheny County Housing Authority, Pittsburgh, PA for facilities and 
  equipment for its LIFE Center in Tarrentum Township, PA.......675,000
Allegheny County, Pittsburgh, PA for laboratory equipment........25,000
Allegheny General Hospital, West Penn Allegheny Health System, 
  Pittsburgh, PA..............................................1,000,000
Allegheny Singer Research Institute, Pittsburgh, PA...........1,000,000
Alle-Kiski Medical Center, Natrona Heights, PA for facilities and 
  equipment.....................................................150,000
Allen Memorial Hospital, Moab, UT...............................100,000
Allied Services Foundation, Wilkes-Barre, PA for equipment......200,000
Alpha Community Ambulance Service, Inc., State College, PA, for 
  facilities and equipment......................................100,000
Altarum Institute, Ann Arbor, MI for development of a Center of 
  Excellence focusing on use of information and communications 
  technology to improve health care quality and efficiency......390,000
American Oncologic Hospital of Fox Chase Cancer Center in Philadelphia 
  and University of Maryland Greenbaum Cancer Center in Baltimore, for 
  facilities and equipment for the American Russian Cancer Allia750,000
American Red Cross, Washington, DC, for equipment...............200,000
Ana G. Mendez University System, Universidad del Este, Carolina, PR for 
  facilities and equipment for the Caribbean Food Safety Research 
  Center........................................................200,000
Arkansas State University Mountain Home, for facilities and equipment 
  for health sciences...........................................350,000
Arlington Free Clinic, Arlington, VA for facilities and equipmen375,000
Arnold Palmer Hospital for Children and Women, Orlando, FL for 
  facilities and equipment......................................350,000
Arrowhead Regional Medical Center, Colton, CA for facilities and 
  equipment.....................................................725,000
Ashland County Oral Health Services, Inc., Ashland, OH, for facilities 
  and equipment.................................................250,000
Asian American Recovery Services, Daly City, CA for facilities and 
  equipment for substance abuse intervention and treatment......250,000
Association of Utah Community Health, Salt Lake City, UT........800,000
Atlantic City Medical Center, City Division, Atlantic City, NJ for 
  facilities and equipment......................................300,000
Atlantic Health System, Florham Park, NJ for facilities and equipment 
  for the Morristown Memorial Hospital, Carol G. Simon Cancer Center, 
  Morristown, NJ and the Mountainside Hospital Comprehensive Community 
  Cancer Center, Essex County, NJ...............................700,000
Atlantic Health System, Florham Park, NJ for facilities and equipment 
  for the Mountainside Hospital Comprehensive Community Cancer C300,000
Augsburg College, Minneapolis, MN, for its physician assistant 
  education program.............................................295,000
Aultman Health Foundation, Canton, OH for facilities and equip1,000,000
Aunt Martha's Youth Service Center, Chicago Heights, IL for facilities 
  and equipment.................................................275,000
Avista Adventist Hospital, Louisville, CO for the Integrated Community 
  Oriented Physician Initiative to develop common electronic medical 
  record and practice management systems........................640,000
Baptist Health System, Inc., Birmingham, AL for facilities and 
  equipment.....................................................200,000
Barre Family Health Center, Barre, MA for facilities and equipme450,000
Barrio Comprehensive Family Health Care Center, San Antonio, TX for 
  facilities and equipment for the Dr. Frank Bryant Health Cente300,000
Barry University, Miami Shores, FL, for facilities and equipment for 
  the Institute for Community Health and Minority Medicine....1,000,000
Bartlett Regional Hospital, Juneau, AK........................1,000,000
Baton Rouge General Medical Center, Baton Rouge, LA for facilities and 
  equipment for the Radiation Oncology Center at Bluebonnet.....100,000

[[Page H10634]]

Bay Area Medical Center Foundation, Marinette, WI, for facilities and 
  equipment for a cancer care center............................250,000
Bay Area Medical Center, Menominee, MI for facilities and equipm200,000
Bay Clinic Community Health Center, Hawaii......................250,000
Bay Clinic Community Health Center, Hawaii, for the Native Hawaiian 
  Adolescent Health Psychology Initiative........................50,000
BayCare Health System, Clearwater, FL, to develop an electronic 
  medication and clinical services ordering system............1,000,000
Bayfront NATO, Inc., Erie, PA for construction, renovation, and 
  equipment of a health clinic..................................100,000
Baylor College of Medicine, Houston, TX.........................250,000
Baylor Institute for Immunology Research, Dallas, TX, for facilities 
  and equipment.................................................100,000
Bear Lake Memorial Hospital, Montpelier, ID for facilities and 
  equipment.....................................................100,000
Beaufort Memorial Hospital, Beaufort, SC for facilities and equi200,000
Bellarmine University, Louisville, KY, for facilities and equipment for 
  a nursing school facility.....................................300,000
Belmont University, Nashville, TN for facilities and equipment for 
  health sciences...............................................930,000
Beloit Memorial Hospital, Beloit, WI for facilities and equipmen300,000
Benton County, OR for facilities and equipment for health services in 
  Monroe, OR....................................................265,000
Berkeley County Senior Services Agency, Martinsburg, WV for facilities 
  and equipment..................................................18,000
Bethel College, Inc., Mishawaka, IN for facilities and equipment100,000
Bethesda North Hospital, Montgomery, OH for facilities and equip150,000
Birmingham Green Adult Care Residence, Manassas, VA for facilities and 
  equipment.....................................................200,000
Blackstone Valley Community Health Care, Pawtucket, RI for facilities 
  and equipment.................................................500,000
Bloomsburg Hospital, Bloomsburg, PA.............................250,000
Blount County Memorial Hospital, Maryville, TN for facilities and 
  equipment for a cancer center..................................50,000
Bon Secours Hospital in Baltimore, MD...........................100,000
Bon Secours St. Francis Medical Center, Chesterfield, VA for facilities 
  and equipment.................................................800,000
Bonfils Blood Center Foundation, Denver, CO for facilities and 
  equipment.....................................................290,000
Booker T. Washington Center, Erie, PA...........................100,000
Boston Medical Center, Boston, MA for facilities and equipment for the 
  J. Joseph Moakley Medical Services Building.................1,000,000
Boston University School of Medicine, Boston MA for facilities and 
  equipment for research on amyloidosis and other subjects......200,000
Boys Town National Research Hospital, Omaha, NE...............1,500,000
Bradford Hospital Foundation, Bradford, PA, for facilities and 
  equipment for Bradford Regional Medical Center................100,000
Brandeis University Heller School for Social Policy and Management, 
  Waltham, MA.................................................1,000,000
Brazos Valley Family Medicine Center, Bryan, TX for facilities and 
  equipment......................................................50,000
Brevard Community College, Cocoa, FL, for facilities and equipme200,000
Briar Cliff University, Sioux City, IA for facilities and equipme50,000
Brockton Hospital, Brockton, MA.................................200,000
Brookhaven Memorial Hospital Medical Center, Patchogue, NY for 
  facilities and equipment......................................150,000
Burlington County College, Pemberton, NJ, for facilities and equipment 
  for the Burlington County College Health Center...............600,000
Calhoun County Committee on Aging for facilities and equipment for 
  Calhoun County Senior Satellite Center, Grantsville, WV........28,000
California Hospital Medical Center, Los Angeles, CA for facilities and 
  equipment...................................................1,370,000
California State University at Bakersfield Foundation, Bakersfield, CA, 
  for equipment and facilities for the Valley Fever Vaccine proj180,000
Callen-Lorde Community Health Center, New York, NY for health and 
  outreach services to teenagers and young adults................90,000
Campbellsville University, Campbellsville, KY, for facilities and 
  equipment.....................................................250,000
Candler County Hospital, Metter, GA for facilities and equipment.55,000
Canyonlands Community Health Care, Page, AZ, for facilities and 
  equipment at three clinics....................................100,000
CAP Services, Stevens Point, WI for facilities and equipment and to 
  provide dental services.......................................200,000
Capitol Community Health Center, Springfield, IL for facilities and 
  equipment.....................................................300,000
Carilion Health System, Roanoke, VA for facilities and equipment for 
  the Southwest/Southside Virginia Children's Dental Access Proj243,000
Caring Foundation, Inc., Salt Lake City, UT to improve the oral health 
  of underserved children in Utah and Idaho.....................300,000
CARING, Inc., Pleasantville, NJ for facilities and equipment for a 
  senior medical facility........................................50,000
Caritas Good Samaritan Medical Center, Brockton, MA.............300,000
Carle Foundation Hospital, IL, and partners to establish the Midwest 
  Breast Institute..............................................100,000
Carnegie Mellon University, Pittsburgh, PA....................1,000,000
Carter BloodCare, Bedford, TX for facilities and equipment....1,000,000
Case Western Reserve University, Cleveland, OH for facilities and 
  equipment for a construction project involving Case Western Reserve 
  University, University Hospitals of Cleveland and the Cleveland 
  Clinic Foundation...........................................4,500,000
Center for Allied Health and Nursing, Hackensack, NJ for a program to 
  recruit and train home health aides and other health care workers to 
  become licensed practical nurses..............................250,000
Center for Families and Children, Cleveland, OH for facilities and 
  equipment.....................................................250,000
Center for Health Workforce Development, Tennessee Hospital Education 
  and Research Foundation, Nashville, TN for programs to address 
  shortages of nursing faculty and other health professionals...150,000
Center for Hope Hospice, Inc., Linden, NJ for facilities and equi90,000
Center for Hospice and Palliative Care, Buffalo, NY for facilities and 
  equipment.....................................................300,000
Center for Integration of Medicine and Innovative Technology, 
  Cambridge, MA for equipment....................................50,000
Center for the Disabled, Albany, NY, for facilities and equipmen150,000
Central Bucks Ambulance and Rescue Unit, Doylestown, PA..........25,000
Central Pennsylvania Blood Bank, Hummelstown, PA for equipment...25,000
Centro de la Comunidad Unida/United Community Center in Milwaukee, WI 
  for the Latino Geriatric Center...............................300,000
Chai Lifeline, New York, NY for programs for seriously ill children and 
  their families at Camp Simcha in Glen Spey, NY................100,000

[[Page H10635]]

Charles Cole Memorial Hospital, Coudersport, PA to build radiation 
  oncology wing at the Patterson Cancer Care Center.............100,000
Charles R. Drew University of Medicine and Science, Los Angeles, CA, 
  for recruitment and appointment of new clinical faculty.......290,000
Charlotte Hungerford Hospital, Torrington, CT for facilities and 
  equipment.....................................................150,000
Chemeketa Community College, Salem, OR for facilities and equipment for 
  training of nursing and allied health students................210,000
Cherry Street Health Services, Grand Rapids, MI for facilities and 
  equipment.....................................................140,000
Child Neurology Society, Saint Paul, MN..........................50,000
Children's Medical Research Institute, Oklahoma City, OK........600,000
Children's Health Fund, Clarksdale, MS..........................150,000
Children's Health Fund, New York, NY, for facilities and equipment for 
  a Children's Health Project in KY.............................250,000
Children's Healthcare of Atlanta, Atlanta, GA for facilities and 
  equipment at Children's at Scottish Rite......................200,000
Children's Hospital and Health Center, San Diego, CA for facilities and 
  equipment.....................................................425,000
Children's Hospital at Johnson City Medical Center, Johnson City, TN 
  for facilities and equipment..................................600,000
Childrens Hospital Los Angeles, Los Angeles, CA, for facilities and 
  equipment for the Institute for Maternal and Fetal Health.....400,000
Children's Hospital Medical Center of Akron, Akron, OH for facilities 
  and equipment.................................................750,000
Children's Hospital of Philadelphia, Philadelphia, PA...........700,000
Children's Hospital of Pittsburgh, Pittsburgh, PA...............700,000
Children's Hospital of the King's Daughters, Norfolk, VA for facilities 
  and equipment for the facility in Newport News, VA............100,000
Children's Medical Center Dallas, Dallas, TX, for facilities and 
  equipment for a Nursing Retention and Patient Care Improvement 
  Project.......................................................225,000
Children's Medical Center of Dayton, Dayton, OH for facilities and 
  equipment.....................................................600,000
Children's National Medical Center, Washington, DC for facilities and 
  equipment.....................................................500,000
Children's Specialized Hospital, Mountainside, NJ for facilities and 
  equipment for a nursing facility in Mountainside, NJ...........90,000
Children's Specialized Hospital, Mountainside, NJ for facilities and 
  equipment for a pediatric rehabilitation hospital in New Brunswick, 
  NJ............................................................500,000
Chinatown Service Center, Los Angeles, CA for facilities and equipment 
  for its dental clinic.........................................200,000
Chippewa Cree Tribe of the Rocky Boy's Reservation, Box Elder, MT, for 
  facilities and equipment for a health clinic..................250,000
CHRISTUS Santa Rosa Health Care, San Antonio, TX..............1,000,000
Chugiak Senior Citizens, Inc., Chugiak, AK for facilities and eq100,000
Cincinnati Children's Hospital Medical Center, Cincinnati, OH.1,000,000
City of Abilene-Taylor County Public Health District, Abilene, TX for 
  facilities and equipment......................................750,000
City of Azusa, CA for facilities and equipment for the City of Azusa 
  Health Clinic.................................................320,000
City of Bridgeport, Bridgeport, CT, for facilities and equipment for a 
  health and social service center..............................100,000
City of Clark, South Dakota for construction of a health care fa250,000
City of Homestead, FL, for facilities and equipment for the William F. 
  ``Bill'' Dickinson Senior Center..............................125,000
City of Madison Community Development Authority in Madison, Wisconsin 
  to construct health facilities in the Triangle Project area...200,000
City of Martinsville, VA for facilities and equipment for a dental 
  clinic........................................................450,000
City of Oxford, MS for the Oxford Enterprise Center to renovate 
  facilities for health and pharmaceutical development research and 
  educational activities........................................500,000
Clark County Department of Community Services, Vancouver, WA for 
  facilities and equipment for the Center for Community Health..400,000
Clark University, Worcester, MA.................................225,000
Clay County Drug Treatment Facility, Cornettsville, KY for facilities 
  and equipment.................................................750,000
Clearfield Hospital, Clearfield, PA, for facilities and equipmen100,000
Clearwater Valley Hospital, Orofino, ID.........................450,000
Cleveland Clinic Foundation, Cleveland, OH for facilities and equipment 
  for the heart center........................................1,200,000
Cleveland Clinic Health System, Cleveland, Ohio, for the Euclid 
  Hospital Emergency Department renovation and construction.....400,000
Cleveland Department of Public Health, Cleveland, OH for facilities and 
  equipment for the four city-owned health centers..............280,000
Cleveland Foundation, Cleveland, OH, for facilities and equipment for 
  NetWellness...................................................250,000
Cold Spring Harbor Laboratory in New York.....................1,000,000
Colorado State University, Ft. Collins, CO for facilities and eq500,000
Columbia Basin College, Pasco, WA for facilities and equipment for a 
  health sciences education center at the Richland, WA campus...500,000
Columbia Memorial Hospital, Hudson, NY, for facilities and equip150,000
Columbia St Mary's Hospital in Glendale, WI for the Madre Angela Dental 
  Clinic........................................................125,000
Columbus Children's Research Institute, Columbus, OH for facilities and 
  equipment...................................................1,200,000
Community Care Network, Montgomery, AL, for facilities and equip200,000
Community College of Allegheny County, Pittsburgh, PA for facilities 
  and equipment for nurse training..............................150,000
Community College of Southern Nevada for a mobile dental outreach 
  treatment and education program...............................150,000
Community Counseling Center, for the development of a trauma assistance 
  center........................................................100,000
Community Crisis Center, Inc., Elgin, IL for facilities and equi250,000
Community Dental Care Foundation, Wausau, WI for dental education and 
  to provide dental screening and sealants for children..........75,000
Community Free Clinic of Decatur-Morgan County, Inc., Decatur, AL for 
  rural outreach.................................................40,000
Community General Foundation, Syracuse, NY for facilities and equipment 
  at the Community General Hospital...........................1,000,000
Community Health Care Services Foundation, Inc., East Greenbush, NY, 
  for telemedicine services......................................50,000
Community Health Care Systems, Wrightsville, GA for facilities and 
  equipment at its Tennille, GA health center....................50,000
Community Health Center of Asbury Park, NJ for facilities and eq500,000
Community Health Centers in Iowa..............................3,000,000

[[Page H10636]]

Community Health Clinic, Inc., New Kensington, PA................25,000
Community Health Improvement Center, Decatur, IL for facilities and 
  equipment.....................................................125,000
Community Health Partners, Kathlamet, WA for start-up costs for a free 
  medical clinic.................................................40,000
Community HealthCare Associates of the Dakotas, Bismarck, ND....200,000
Community Medical Center Healthcare System, Scranton, PA to purchase 
  equipment.....................................................250,000
Community Medical Center, Missoula, MT........................1,000,000
Community Medical Center, Scranton, PA..........................100,000
Community Medical Centers, Fresno, CA...........................100,000
Community Memorial Hospital, Staunton, IL for facilities and equ225,000
Conemaugh Health Systems, Johnstown, PA.........................250,000
Coney Island Hospital, Brooklyn, NY for facilities and equipment250,000
Connecticut Children's Medical Center, Hartford, CT for facilities and 
  equipment...................................................1,000,000
Contra Costa Community College District, Diablo Valley College, 
  Pleasant Hill, CA for a program to train medical laboratory 
  technicians...................................................225,000
Cooley Dickinson Hospital, Northampton, MA for facilities and eq300,000
Cooper University Hospital in New Jersey........................200,000
Cooperative Education Service Agency No. 11, Turtle Lake, WI for dental 
  services......................................................350,000
Corinthian Development Corporation, Louisville, KY, for facilities and 
  equipment......................................................50,000
County of Clarion/Clarion University, Clarion, PA...............100,000
County of Kaua'i, HI for facilities for substance abuse treatmen390,000
County of San Diego, Edgemoor Hospital, Santee, CA for facilities and 
  equipment.....................................................420,000
County of San Mateo, CA for facilities and equipment for the San Mateo 
  Medical Center................................................800,000
Creighton University, Omaha, NE, for facilities and equipment for the 
  health science complex........................................500,000
Crozer-Chester Health System, Springfield, PA for facilities and 
  equipment at the Nathan Speare Regional Burn Treatment Center at the 
  Medical Center................................................500,000
Crozer-Keystone, Springfield, PA................................100,000
Crusader Clinic, Rockford, IL for facilities and equipment at 1,000,000
Cumberland County Hospital, Burkesville, KY for facilities and 
  equipment.....................................................100,000
Dan River Region, Danville, VA, for Project Access...............25,000
Dana-Farber Cancer Institute, Boston, MA........................300,000
Deaconess Billings Diabetes Center, Billings, MT................278,000
Deaconess Hospital, Oklahoma City, OK............................50,000
Decatur Memorial Hospital, Decatur, IL for facilities and equipm200,000
Delaware Valley Community Health, Philadelphia, PA for facilities and 
  equipment for the Maria de los Santos Community Health Center.250,000
Delta Health Alliance, Stoneville, MS for construction, renovation, and 
  equipment.....................................................450,000
Des Moines University, Des Moines, IA...........................155,000
Des Moines University, Des Moines, IA for facilities and equipment for 
  the Iowa Chronic Care Consortium..............................333,000
DeWitt Hospital and Nursing Home, DeWitt, AR for facilities and 
  equipment.....................................................400,000
Down Syndrome Research and Treatment Foundation, Washington, D.C., for 
  facilities and equipment......................................150,000
DuBois Regional Medical Center, DuBois, PA, for facilities and 
  equipment.....................................................200,000
DuPage Convalescent Center, Wheaton, IL for facilities and equip600,000
East Bay Community Action Program, East Providence, RI for facilities 
  and equipment for dental care, mental health and other health 
  services......................................................500,000
East Boston Neighborhood Health Center, East Boston, MA, for a health-
  care workforce development program............................225,000
East Tennessee State University James H. Quillen College of Medicine, 
  Johnson City, TN for facilities and equipment for the East Tennessee 
  Forensics Center..............................................200,000
East Tennessee State University, James H. Quillen College of Medicine, 
  Johnson City, TN, for facilities and equipment for a mobile surgical 
  unit..........................................................100,000
East Valley Community Health Center, West Covina, CA for facilities and 
  equipment.....................................................220,000
Eastern Connecticut Health Network, Rockville, CT...............200,000
Eau Claire Cooperative Health Center, Columbia, SC for facilities, 
  equipment and rural health care services at its Ridgeway, SC health 
  center........................................................400,000
Eblen Charities, Asheville, NC, for facilities and equipment....250,000
Ed Roberts Campus in Berkeley, CA...............................500,000
Edward R. Roybal Comprehensive Health Center, Los Angeles, CA for 
  facilities and equipment......................................400,000
El Proyecto Del Barrio, Arleta, CA for facilities and equipment at its 
  Canoga Park site..............................................180,000
El Pueblo Health Center, Tucson, AZ for facilities and equipment400,000
Elk Regional Health Systems, St. Marys, PA......................100,000
Elliot Health System, Manchester, NH............................750,000
Emanuel County Hospital Authority, Swainsboro, GA for facilities for 
  its rural health clinic in Twin City, GA.......................50,000
Emergency Medicine Foundation, Dallas, TX, for Bioterrorism 
  Preparedness Training for First Responders.....................50,000
Endless Mountains Health Systems, Montrose, PA, for facilities and 
  equipment.....................................................250,000
Enterprise Valley Medical Clinic in Enterprise, UT...............70,000
Ephrata Community Hospital, Ephrata, PA, for facilities and equi200,000
Erie County Department of Health, Erie, PA to implement the Nurse 
  Family Partnership (NFP) Program...............................50,000
Erie County Medical Center, Buffalo, NY for equipment...........250,000
Evangelical Community Hospital, Lewisburg, PA, for facilities and 
  equipment.....................................................600,000
Evans Memorial Hospital, Claxton, GA for facilities and equipment50,000
Every Citizen Has Opportunities, Inc., Leesburg, VA for facilities and 
  equipment.....................................................125,000
Every Woman's Place/Webster House Youth Services, Muskegon, MI for 
  facilities and equipment......................................150,000
Fairfield Medical Center, Lancaster, OH, for facilities and equi200,000
Fairfield Memorial Hospital, Winnsboro, SC for facilities and eq250,000
Fairness Advocates for Intergenerational Rights (FAIR), Philadelphia, 
  PA for health care outreach....................................25,000
Fairview Health System, Minneapolis, MN for equipment...........515,000
Familia Unida Living With Multiple Sclerosis, Los Angeles, CA to 
  improve support services to individuals and families affected by 
  multiple sclerosis and other debilitating diseases............100,000
Family and Children's Counseling Centers, Louisville, KY, for 
  facilities and equipment......................................100,000
Family Health Center of Marshfield, Marshfield, WI for facilities and 
  equipment and to provide dental services......................350,000
Family Health Center of Southern Oklahoma, Tishomingo, OK for 
  facilities and equipment for dental services..................105,000

[[Page H10637]]

Family Health Center, Columbia, MO..............................150,000
Family Health Centers, Inc., Louisville, KY for facilities and 
  equipment.....................................................150,000
Faulk County Memorial Hospital, SD...............................75,000
Finley Health Foundation, Dubuque, IA for facilities and equipment at 
  the diabetes center at Finley Hospital........................500,000
Fish River Rural Health Center, Eagle Lake, ME for facilities and 
  equipment......................................................30,000
Fletcher Allen Health Care of Burlington, VT..................1,100,000
Florida A&M University..........................................800,000
Florida Cancer Research Cooperative, University of South Florida, 
  Tampa, FL for telemedicine....................................500,000
Florida Emergency Medicine Foundation, Orlando, FL for facilities and 
  equipment.....................................................125,000
Florida Hospital College of Health Sciences, Orlando, FL for facilities 
  and equipment.................................................125,000
Florida Memorial College, Miami, FL for health-related facilities and 
  equipment.....................................................400,000
Fort Hudson Nursing Home, Inc., Fort Edward, NY, for facilities and 
  equipment......................................................50,000
Forum Health, Youngstown, OH for facilities and equipment.......200,000
Fox Chase Cancer Center, Philadelphia, PA.......................750,000
Franklin and Marshall College, Lancaster, PA....................400,000
Franklin Medical Center, Greenfield, MA for facilities and equip200,000
Free Clinics of Iowa in Des Moines..............................400,000
Fresno Community Hospital and Medical Center, Fresno, CA for facilities 
  and equipment for an outpatient care clinic at the Community Regional 
  Medical Center in Fresno......................................450,000
Frick Hospital, Greensburg, PA..................................250,000
Fulton County Medical Center, McConnellsburg, PA................250,000
G.A. Carmichael Family Health Center, Canton, MS for facilities and 
  equipment.....................................................240,000
Gadsden State Community College, Gadsden, AL for the Alabama Institute 
  for Nursing Education and Emergency Preparedness program at Fort 
  McClellan, AL.................................................400,000
Gadsden State Community College, Gadsden, AL, for facilities and 
  equipment.....................................................200,000
Garfield County Public Hospital, Pomeroy, WA for facilities and 
  equipment......................................................50,000
Gateway, Aliquippa PA...........................................100,000
Geisinger Health System, Danville, PA, for construction of the Center 
  for Health Research and Rural Advocacy......................1,000,000
Geisinger Health System, Danville, PA, for facilities and equipment for 
  an endovascular surgical suite on the Geisinger campus in Danv500,000
Genesee County Economic Development Center, Batavia, NY, for a 
  telemedicine project..........................................250,000
Georgetown University Medical Center, Lombardi Comprehensive Cancer 
  Center, Washington, DC for Carey Lackman Slease metastatic breast 
  cancer treatment enhancement program..........................200,000
Georgia Southern University, School of Nursing, Statesboro, GA, for 
  rural nursing and nursing education outreach programs.........150,000
Glens Falls Hospital, Glens Falls, NY, for facilities and equipm250,000
Good News Doctor Foundation and the International Child Development 
  Resources Center, Inc., Melbourne, FL for facilities and equip650,000
Good Samaritan Health Systems, Good Samaritan Hospital Foundation, 
  Kearney, NE, for the Mid-Nebraska Telemedicine Network........200,000
Good Samaritan Hospital Regional Medical Center, Pottsville, PA.250,000
Good Samaritan Hospital, Cincinnati, OH.........................800,000
Good Samaritan Hospital, Lebanon, PA for equipment..............250,000
Good Shepard Rehabilitation Home, Allentown, PA for construction, 
  renovation and equipment......................................250,000
Goodall-Witcher Hospital, Clifton, TX for facilities and equipme400,000
Government of the Virgin Islands, Department of Health, for facilities 
  and equipment for emergency medical services..................340,000
Greater Harrisburg Foundation, Harrisburg, PA to collect and examine 
  rural health indicator information.............................75,000
Greater Hazelton Health Alliance, Hazelton, PA..................250,000
Greater New Bedford Community Health Center, New Bedford, MA for 
  facilities and equipment......................................500,000
Green River Medical Center of Emery County and Eastern Grand County, 
  Utah to provide on-site dental services........................50,000
Greenburgh Health Center, White Plains, NY for facilities and eq100,000
Grimes St. Joseph Health Center, Navasota, TX for facilities and 
  equipment.....................................................200,000
Grossmont Hospital Foundation, La Mesa, CA for facilities and equipment 
  for Grossmont Hospital, San Diego, CA.........................200,000
Guam Department of Public Health and Social Services, for facilities 
  and equipment for the Northern Region Health Center...........400,000
Gurwin Jewish Geriatric Center, Commack, NY for an electronic charting 
  system........................................................340,000
H. Lee Moffitt Cancer Center and Research Institute, Tampa, FL for 
  facilities and equipment....................................2,000,000
Hackensack University Medical Center, Hackensack, NJ for implementation 
  of a computerized oncology patient management system..........340,000
Hackettstown Community Hospital, Hackettstown, NJ for facilities and 
  equipment.....................................................145,000
Hamilton Health Center, Inc., Harrisburg, PA....................100,000
Hancock County Municipal Government and Wellmont Health System, 
  Sneedville, TN for construction, renovation, and equipment of a 
  health clinic.................................................500,000
HARBOR BRANCH Oceanographic Institution, Fort Pierce, FL for facilities 
  and equipment.................................................200,000
Harney District Hospital, Burns, OR for facilities and equipment130,000
Harris County Hospital District, Houston, TX for facilities and 
  equipment for the emergency room at Ben Taub General Hospital.860,000
Harris County Hospital District, Houston, TX for implementation of a 
  telehealth program............................................240,000
Hauptman-Woodward Medical Research Institute, Buffalo, NY for 
  facilities and equipment......................................250,000
Haywood Regional Medical Center, Clyde, NC, for facilities and 
  equipment.....................................................250,000
Hazelton General Hospital, Hazelton, PA for facilities and equip320,000
Health system of the University of Pennsylvania, Philadelphia,1,000,000
Healthcare Information Xchange of New York, Clifton Park, NY, for 
  facilities and equipment......................................250,000
HealthNet, Inc., Indianapolis, IN for facilities and equipment for 
  People's Community Health Center..............................320,000
HealthPoint Family Care, Inc., Newport, KY......................500,000
Heartland Regional Medical Center, St. Joseph, MO for equipment.250,000
Hebrew Home for the Aged at Riverdale, Riverdale, NY, for facilities 
  and equipment.................................................260,000
Henderson State University, Arkadelphia, AR for facilities and 
  equipment for nursing education...............................300,000
Henry Mayo Newhall Memorial Hospital, Valencia, CA for facilities and 
  equipment.....................................................100,000

[[Page H10638]]

Hidalgo Medical Services, NM....................................100,000
Hillcrest Healthcare System, Tulsa, OK..........................100,000
Hilltown Community Health Centers, Worthington, MA for facilities and 
  equipment at the Huntington Health Center.....................150,000
Hispanic American Council of Erie, Erie, PA.....................100,000
Holy Cross Hospital, Silver Spring, MD for facilities and equipm320,000
Holy Name Hospital, Teaneck, NJ for facilities and equipment....450,000
Holy Names University, Oakland, CA..............................100,000
Holy Redeemer Health System, Huntingdon Valley, PA for construction, 
  renovation, and equipment.....................................250,000
Holyoke Hospital, Holyoke, MA for facilities and equipment......300,000
Hope College, Holland, MI for facilities and equipment for a science 
  building......................................................250,000
Hopkins County Community Clinic, Hopkins County, KY.............200,000
Horn Memorial Hospital, Ida Grove, IA, for facilities and equipm125,000
Hospice of Cabarrus County, Inc., Concord, NC for Hospice House in 
  Kannapolis, NC................................................100,000
Hospice of Metropolitan Erie, Inc., Erie, PA....................100,000
Hospice of Napa Valley, Napa, CA for facilities and equipment...640,000
Hospice of Northwest Ohio, Perrysburg, OH.......................250,000
Hospital Authority of Miller County, Colquitt, GA for facilities and 
  equipment.....................................................150,000
Hospital for Special Surgery, NY................................400,000
Houlton Regional Hospital, Houlton, ME for facilities and equipme50,000
Housing Authority of the County of Los Angeles, CA for facilities and 
  equipment for its Casa de la Esperanza health care program....150,000
Houston County Hospital, Crockett, TX for facilities and equipme400,000
Howard Community College, Columbia, MD for expansion of nursing 
  education programs............................................300,000
Hudson Headwaters Health Network, Glens Falls, NY, for facilities and 
  equipment for the Warrensburg Health Center...................200,000
Hudson River Community Health, NY...............................100,000
Humility of Mary Health Partners, Boardman, OH for facilities and 
  equipment for Hospice of the Valley...........................700,000
Huntington Memorial Hospital, Pasadena, CA for facilities and eq350,000
Hurley Medical Center, Flint, MI for replacement of its clinical 
  patient information system....................................700,000
I.M. Sulzbacher Center for the Homeless, Inc., Jacksonville, FL for 
  facilities and equipment for a healthcare facility............500,000
ICAN/Kids Oneida, Utica, NY......................................50,000
Idaho Commission on Nursing and Nursing Education, Idaho Falls, ID, for 
  the Idaho Nursing Leadership and Workforce Network............250,000
Idaho State University, Telehealth Idaho Network, to continue expanding 
  and improving health care access............................1,350,000
Illinois Primary Health Care Association, Springfield, IL for a Center 
  for Excellence................................................600,000
Independence Square Foundation, Kingston, RI....................200,000
Indian Health Council, Inc., Pauma Valley, CA, for facilities and 
  equipment for the IHC Health and Wellness Campus on the Rincon Indian 
  Reservation...................................................500,000
Indiana Regional Medical Center, Indiana, PA....................250,000
Indiana University-Purdue University Fort Wayne, Fort Wayne, IN, for 
  facilities and equipment......................................150,000
Infirmary Health System, Mobile Infirmary, Mobile, AL...........100,000
Inland Northwest Health Services in Spokane, WA.................500,000
INOVA Health System, Falls Church, VA for facilities and equipment for 
  the CBP Hospital, Pignon, Haiti...............................150,000
INOVA Health System, Falls Church, VA for facilities and equipment for 
  the Claude Moore Health Education Center at INOVA Fairfax Ho1,058,000
INOVA Health System, Falls Church, VA for facilities and equipment for 
  the George Mason University Krasnow Institute, Fairfax, VA....150,000
INTEGRIS Marshall Memorial Hospital, Madill, OK for facilities and 
  equipment.....................................................375,000
Intermountain Health Care, Salt Lake City, UT to develop a pilot 
  program for telemedicine interpreting services for the deaf...500,000
Iowa Caregivers Association.....................................100,000
Iowa Department of Public Health to continue the Center for Healthcare 
  Workforce Shortages.........................................1,400,000
Iowa Health Foundation, Des Moines, IA for a demonstration project to 
  improve dental care in underserved rural areas................300,000
Iowa Nebraska Primary Care Association for planning grants to Iowa 
  communities...................................................150,000
Isla Vista Youth Projects, Isla Vista, CA for health-related facilities 
  and equipment.................................................200,000
J.C. Blair Memorial Hospital, Huntingdon, PA, for facilities and 
  equipment.....................................................250,000
Jackman Region Health Center, Jackman, ME for facilities and equ200,000
Jackson County, MS for facilities and equipment for the county health 
  department....................................................340,000
Jackson Health System, Miami, FL, for facilities and equipment for the 
  South Florida AIDS Network....................................200,000
Jackson Medical Mall Foundation, Jackson, MS..................1,000,000
Jackson Public School District, Jackson, MS for Healthy Children, 
  Homes, Education, and Community (HealthCHEC) project........1,000,000
Jackson State University, Jackson, MS for the Southern Institute for 
  Mental Health Research and Training...........................900,000
Jamaica Hospital, Brooklyn, NY for equipment....................300,000
James B. Haggin Memorial Hospital, Harrodsburg, KY for a Picture 
  Archiving Communications System and network...................275,000
James Whitcomb Riley Hospital for Children, Indianapolis, IN, for 
  facilities and equipment for the Riley Pediatric Burn Unit.....25,000
Jameson Hospital, New Castle, PA................................125,000
Jefferson Memorial Hospital, Ranson, WV for facilities and equipm57,000
Jersey City Medical Center, Jersey City, NJ for facilities and 
  equipment.....................................................400,000
Jersey Shore Hospital, Jersey Shore, PA, for facilities and equi200,000
Jewish Community Centers of Staten Island, Staten Island NY for 
  facilities and equipment......................................100,000
Jewish Renaissance Medical Center, Perth Amboy, NJ for facilities and 
  equipment.....................................................700,000
Joe DiMaggio Hospital in Hollywood, FL..........................200,000
John F. Kennedy Center, Erie, PA for construction of a primary health 
  care clinic...................................................100,000
John T. Mather Memorial Hospital, Port Jefferson, NY for facilities and 
  equipment.....................................................200,000
Jordan Hospital, Plymouth, MA for facilities and equipment......650,000
Katahdin Valley Health Center, Southern Aroostook / Northern Penobscot 
  Health Care Access, Patten, ME................................200,000
Katherine Shaw Bethea Hospital, Dixon, IL, for facilities and eq750,000
Kauai Community Health Center in Hawaii..........................50,000

[[Page H10639]]

Kennedy Krieger Institute, Baltimore, MD for facilities and equi750,000
Kent County Memorial Hospital, Warwick, RI for facilities and eq400,000
Kent County Visiting Nurses Association (VNA of Care New England), 
  Warwick, RI to increase access to home health care via telemed100,000
Kern County Medical Center, Bakersfield, CA, for facilities and 
  equipment.....................................................250,000
Kettering College of Medical Arts, Kettering, OH, for facilities and 
  equipment.....................................................550,000
Kettering College of the Medical Arts, Dayton, Ohio for construction of 
  new nursing/physician assistant education building............250,000
Keystone Health Center, Chambersburg, PA........................250,000
Keystone Rural Health Consortia, Inc., Emporium, PA.............100,000
Kiamichi Family Medical Center, Battiest, OK for facilities and 
  equipment.....................................................175,000
KidsPeace, Orefield, PA.........................................100,000
Kimball Medical Center, Lakewood, NJ............................100,000
Kings County Hospital Center, Brooklyn, NY for facilities and eq320,000
Klamath County Public Health Department, Klamath Falls, OR, to build a 
  new Public Health Facility.....................................75,000
Knox Community Hospital, Mt. Vernon, OH for facilities and equip600,000
Kosair Children's Hospital, Louisville, KY for facilities and equipment 
  for the heart institute.......................................300,000
Kuakini Hospital Research Facility in Hawaii.....................50,000
La Clinica de Familia CHC in Las Cruces, NM for its promotoras/
  community health workers program..............................125,000
La Familia Medical Center in Santa Fe, NM, to expand its community 
  health workers/promotoras program..............................50,000
La Familia Medical Center, Santa Fe, NM for facilities and equip500,000
La Maestra Community Health Centers, San Diego, CA for facilities and 
  equipment.....................................................566,000
Lake Erie College, Painesville, OH for facilities and equipment.300,000
Lake Land College, Mattoon, IL, for facilities and equipment for the 
  allied health wing of the western region advanced technology c575,000
Lamprey Health Care, Newmarket, NH for facilities and equipment.450,000
Lancaster General College of Nursing and Health Sciences, Lancaster, 
  PA, for facilities and equipment..............................250,000
Landmark Medical Center, Woonsocket, RI for facilities and equip600,000
Langlade Memorial Hospital, Antigo, WI for a four-county dental health 
  project.......................................................400,000
Lansing Community College, Lansing, MI, for facilities and equipment 
  for a medical training facility...............................200,000
Lapeer Regional Hospital, Lapeer, MI for facilities and equipmen100,000
LaSalle Primary Care Center, Jena, LA for facilities and equipment for 
  the center in Jonesville......................................200,000
Latrobe Area Hospital, Latrobe, PA..............................250,000
Lawrence County Memorial Hospital, Lawrenceville, IL for facilities and 
  equipment.....................................................125,000
Lawrence General Hospital, Lawrence, MA for facilities and equip540,000
Lawrence Memorial Hospital, Lawrence, KS for facilities and equi300,000
Lawton Chiles Foundation, Tallahassee, FL, for facilities and 1,000,000
Le Bonheur Children's Medical Center, Memphis, TN.............1,000,000
Leake Memorial Hospital, Carthage, MS, for facilities and equipm275,000
Lehigh Valley Hospital, Allentown, PA...........................700,000
Lexington 4 Life, Lexington, MO for health-related facilities and 
  equipment.....................................................400,000
Lienhard School of Nursing, Pace University, Pleasantville, NY for 
  programs to promote interest in nursing and other health professions 
  careers among middle school students from diverse backgrounds.104,000
Los Angeles Southwest College, Los Angeles, CA for nursing and allied 
  health training programs......................................350,000
Louisiana State University Health Sciences Center, Shreveport, LA for 
  facilities and equipment for the Children's Center............100,000
Lourdes Health System, Lourdes Medical Center of Burlington County, 
  Willingboro, NJ, for facilities and equipment.................500,000
Low Birth Weight Development Center, Dallas, TX for programs to promote 
  the health and development of very low-birth weight infants...100,000
Lucile Packard Children's Heart Center, Palo Alto, CA...........100,000
Lucile Packard Children's Hospital, Palo Alto, CA for facilities and 
  equipment.....................................................450,000
Lucy Curci Cancer Center at Eisenhower Medical Center, Rancho Mirage, 
  CA for facilities and equipment...............................250,000
Lutheran Social Services of South Dakota........................200,000
Lynn Community Health Center, Lynn, MA for facilities and equipm500,000
Madison Center, South Bend, IN for facilities and equipment for the 
  Geropsychology Institute......................................200,000
Madison Community Health Center, Madison, WI for facilities and 
  equipment.....................................................200,000
Magee Rehabilitation Hospital, Thomas Jefferson Health System, 
  Philadelphia, PA..............................................250,000
Magee Women's Research Institute, Pittsburgh, PA..............1,000,000
Main Line Health System, Bryn Mawr, PA for equipment............200,000
Malone College, Canton, OH for facilities and equipment.........500,000
Marcum and Wallace Memorial Hospital, Irvine, KY for a Picture 
  Archiving Communications System and network...................275,000
Margaretville Memorial Hospital, Margaretville, NY, for facilities and 
  equipment......................................................50,000
Marianjoy Rehabilitation Hospital, Wheaton, IL for facilities and 
  equipment.....................................................200,000
Marias Medical Center, Shelby, MT...............................400,000
Maricopa County, AZ for extension of its telemedicine capabiliti250,000
Maricopa County, AZ for facilities and equipment for health care and 
  dental clinics................................................250,000
Marietta Memorial Hospital, Marietta OH.........................250,000
Marion Downs Hearing Center, Denver, CO.......................1,000,000
Marquette General Hospital, Marquette, MI for facilities and equ260,000
Marquette University, Milwaukee, WI for health related facilities and 
  equipment.....................................................350,000
Marquette University, School of Dentistry, Milwaukee, WI for dentistry 
  outreach program to train healthcare professionals............285,000
Marshall University for a mobile medical unit which will provide 
  pediatric care to medically underserved children in rural areas of 
  Wayne, Lincoln, and Cabell counties in West Virginia and for a 
  telehealth project with Walter Reed Hospital for support of virtual 
  colonoscopies and technology for the transfer of automated medical 
  records in rural areas of West Virginia.....................2,000,000
Marshfield Clinic, Marshfield, WI for facilities and equipment for the 
  Melvin R. Laird Center for Applied Sciences.................9,000,000
Mary Bird Perkins Cancer Center, Baton Rouge, LA for facilities and 
  equipment.....................................................100,000
Mary Imogene Bassett Hospital, Inc., Bassett Healthcare, Cooperstown, 
  NY............................................................250,000

[[Page H10640]]

Mary Lanning Memorial Hospital, Hastings, NE, for facilities and 
  equipment......................................................50,000
Massachusetts College of Pharmacy and Health Sciences, Boston, MA for 
  facilities and equipment for the Manchester campus............350,000
Massachusetts College of Pharmacy and Health Sciences, Boston, MA, for 
  telehealth programs at its Worcester campus Health Education and 
  Resource Center...............................................450,000
Maui Community Health Center in Hawaii........................1,250,000
Maui Economic Development Board in Hawaii for the Lanai Women's 
  Initiative.....................................................50,000
MedCentral College of Nursing, Mansfield, OH for facilities and 
  equipment.....................................................400,000
Medical College of Georgia, Augusta, GA for facilities and equipment 
  for a cancer research building................................500,000
Medical College of Ohio at Toledo for facilities and equipment..650,000
Medical College of Wisconsin, Milwaukee, WI for facilities and 
  equipment...................................................2,600,000
Medical University of South Carolina Oncology Center, Charles10,000,000
Meharry Medical College, Nashville, TN..........................500,000
Meigs County Community Clinic, Pomeroy, OH for facilities and eq240,000
Memorial Health System Foundation, Inc., Ormond Beach, FL, for 
  facilities and equipment for a hospice to be located on the Florida 
  Hospital Flagler campus in Palm Coast, FL.....................100,000
Memorial Health University Medical Center, Savannah, GA for facilities 
  and equipment for a biomedical research building............1,000,000
Memorial Healthcare System, Hollywood, FL, facilities and equipment for 
  the Joe DiMaggio Children's Hospital pediatric emergency depar100,000
Memorial Hermann Health System, Houston, TX for facilities and 
  equipment for neighborhood health centers.....................360,000
Memorial Hermann Healthcare System, Houston, TX for facilities and 
  equipment...................................................2,000,000
Memorial Hospital of Rhode Island, Pawtucket, RI for facilities and 
  equipment.....................................................700,000
Memorial Medical Center, Springfield, IL for facilities and equi450,000
Memphis Biotech Foundation, Memphis, TN for construction, renovation, 
  and equipment of biomedical research buildings..............2,000,000
Mercy Fitzgerald Hospital, Darby, PA............................250,000
Mercy Foundation, Des Moines, IA, for the Midwest Rural Telemedicine 
  Consortium....................................................450,000
Mercy Health Partners, Scranton, PA.............................250,000
Mercy Health Partners, Toledo, OH...............................450,000
Mercy Hospital Cadillac, Cadillac, MI for facilities and equipme225,000
Mercy Hospital of Philadelphia, Philadelphia, PA................250,000
Mercy Hospital, Miami, FL for facilities and equipment..........150,000
Mercy Hospital, Port Huron, MI for facilities and equipment.....200,000
Mercy Jeannette Hospital, Jeannette, PA..........................90,000
Mercy Medical Center, Canton, OH for facilities and equipment.1,000,000
Mercy Medical Center, Springfield, MA...........................275,000
Mercy Suburban Hospital, Norristown, PA.........................250,000
Meridian Health in New Jersey for the Jersey Shore Emergency Reponses 
  Center........................................................300,000
Meridian Health, Neptune, NJ for hospitals in Brick, NJ for facilities 
  and equipment for the Pharmacological Institute................75,000
MetroHealth System, Cleveland, OH for facilities and equipment for the 
  pediatric intensive care unit.................................650,000
Metroplex Hospital, Killeen, TX, for facilities and equipment...100,000
Metropolitan Hospital, New York, NY for facilities and equipment400,000
Miami Children's Hospital, Miami, FL, for equipment for the Pediatric 
  Brain Tumor and Neurological Disease Institute................250,000
Michigan State University, East Lansing, MI, for a telehospice p100,000
Mid-America Research and Development Foundation, Columbia, MO...200,000
Middle Tennessee State University, Murfreesboro, TN.............750,000
Midwestern University, Chicago College of Pharmacy, Downers Grove, IL 
  for facilities and equipment..................................400,000
Midwestern University, Glendale, AZ, for a rural postgraduate 
  educational program at Sierra Vista Regional Medical Center...400,000
Millcreek Community Hospital, Erie, PA..........................200,000
Millennium Center for Convergent Technologies, Commack, NY......125,000
Minnesota State Colleges and Universities, Saint Paul, Minnesota, for 
  expansion of nursing and allied health education programs in areas 
  that demonstrate critical occupational needs..................100,000
Mission Community Hospital, Panorama City, CA for facilities and 
  equipment for its San Fernando Valley facility................265,000
Missisquoi Valley Union High School District, Swanton, VT for 
  facilities and equipment for school-based dental and primary health 
  care clinics...................................................55,000
Mississippi Band of Choctaw Indians, Choctaw, MS, Choctaw Health Center 
  for health-related construction, renovation, and equipment....600,000
Mississippi Primary Health Care Association, Jackson, MS........705,000
Mississippi University for Women, Columbus, MS................1,000,000
Modoc Indian Health Project, Alturas, CA for facilities and equipment 
  for the Modoc Medical Center and Surprise Valley District Hosp250,000
Mohawk Valley Community College, Utica, NY for dental clinic facility 
  in Rome, NY...................................................150,000
Mon Valley YMCA, Charleroi, PA for facilities and equipment......50,000
Monongahela Valley Hospital, Monongahela, PA for facilities and 
  equipment.....................................................800,000
Montefiore Medical Center, Bronx, NY for expansion of its Clinical 
  Information System to community-based ambulatory care faciliti300,000
Morenci Health Care Center, Inc., Morenci, AZ, for facilities and 
  equipment.....................................................100,000
Morris Heights Health Center, Bronx, NY for facilities and equip400,000
Morton Comprehensive Health Services, Tulsa, OK for facilities and 
  equipment for the Nowata Family Health Center.................300,000
Morton Plant Hospital Association, Clearwater, FL for neuroscience 
  center........................................................150,000
Moses Cone Health System, Greensboro, NC for facilities and equipment 
  for the Guilford Genomic Medicine Initiative..................100,000
Moses Taylor Health Care System, Scranton, PA...................200,000
Motion Picture and Television Fund (MPTF), Woodland Hills, CA for a 
  physical and occupational therapy facility....................200,000
Mount Anthony Union High School District, Bennington, VT for school-
  based health and dental services, including dental equipment...50,000
Mount Sinai Hospital of Queens, Long Island City, NY for facilities and 
  equipment for its Comprehensive Cancer Center.................340,000

[[Page H10641]]

Mountain Park Health Center, Phoenix, AZ, for facilities and equipment 
  at its Tolleson, AZ site......................................240,000
Mountain State University in Beckley, West Virginia, for the 
  construction of the Allied Health Technology Tower..........4,000,000
Mountainlands Community Health Center, Provo, UT................125,000
Multi Dimensional Imaging, Inc. of Newport Beach, CA............500,000
Multnomah County, OR for health care facilities and equipment...340,000
Muskegon Community Health Project, Muskegon, MI, for facilities and 
  equipment.....................................................250,000
Nassau Community College in Garden City, NY.....................150,000
Nassau University Medical Center, East Meadow, NY, for facilities and 
  equipment for the burn treatment center facility..............250,000
Nathan Adelson Hospice in Henderson, NV.........................500,000
National Healthy Start Association, Baltimore, MD to gather and 
  disseminate information on best practices under the Healthy Start 
  program and provide technical assistance to Healthy Start gran350,000
National Jewish Medical and Research Center, Denver, CO.........300,000
National Organization on Fetal Alcohol Syndrome for a demonstration 
  program with community health centers to improve the prevention, 
  identification, and support of individuals with fetal alcohol 
  syndrome......................................................840,000
Navajo Medical Division in New Mexico for the establishment of a 
  community health worker demonstration project.................150,000
Neighborhood Health Plan of Rhode Island for the Rhode Island 
  Community-Based Medical Interpretation Network................250,000
Neumann College, Aston, PA for construction......................50,000
Nevada Cancer Institute, Las Vegas, Nevada for construction of a 
  laboratory and clinical research facility...................1,000,000
New Britain General Hospital, New Britain, CT for facilities and 
  equipment.....................................................300,000
New Hampshire Community Health Centers for rural health services400,000
New Hampshire Community Technical College System, New Hampshire 
  Technical Institute, Concord, NH..............................500,000
New Horizons Medical Center, Owenton, KY for technology improvem300,000
New Melleray Abbey in Iowa......................................100,000
New Mexico Children's Health project, Las Cruces, NM............400,000
New Mexico Primary Health Care Association to fund a community health 
  worker demonstration project statewide........................250,000
New York Presbyterian Hospital, New York, NY for creation of a regional 
  health information infrastructure...........................1,000,000
New York University Medical Center for construction of a vacci1,000,000
North Central Pennsylvania Regional Planning and Development 
  Commission, Ridgeway, PA, for medical equipment...............100,000
North Dakota State University, College of Pharmacy, Fargo, ND for a 
  telepharmacy project..........................................850,000
North Idaho Rural Health Consortium (NIRHC), Bonner General Hospital, 
  Sandpoint, ID to continue providing and improving distance healthcare 
  access in north Idaho.........................................500,000
North Mississippi Health Services, Neonatal Intensive Care Unit at 
  North Mississippi Medical Center Women's Hospital, Tupelo, MS for 
  planning and renovations......................................200,000
North Shore--Long Island Jewish Health System, Manhassat, NY....100,000
North Valley Hospital, Whitefish, MT............................300,000
NorthEast Medical Center, Concord, NC for facilities and equipment for 
  the neonatal facility.........................................200,000
Northeast Valley Health Corporation, San Fernando, CA for facilities 
  and equipment for its Canoga Park Health Center................70,000
Northeast Wisconsin Technical College in Green Bay, WI for a low-income 
  health clinic.................................................500,000
Northeastern Ohio Universities College of Medicine, Rootstown, OH for 
  facilities and equipment......................................500,000
Northeastern Oklahoma Community Health Centers, Hulbert, OK for 
  facilities, equipment, and operational costs for dental servic270,000
Northern Arizona University, Flagstaff, AZ for the Keim Genetics 
  Laboratory....................................................200,000
Northern Counties Health Care, St. Johnsbury, VT for facilities and 
  equipment for a dental clinic in Hardwick, VT.................170,000
Northern Dutchess Hospital, Rhinebeck, NY, for facilities and eq200,000
Northern Illinois University, DeKalb, IL for facilities and equipment 
  for the Family Health Wellness & Literacy Center............3,000,000
Northern Oklahoma College, Tonkawa, OK, for construction, renovation, 
  and equipment of a medical nursing skills training facility....50,000
Northern State University in Aberdeen, South Dakota.............250,000
Northland Regional Healthcare, Princeton, MN, for facilities and 
  equipment.....................................................250,000
Northwest College, Kirkland, WA for facilities and equipment for the 
  Mark and Huldah Buntain School of Nursing academic center......50,000
Northwestern Memorial Hospital, Chicago, IL for facilities and 
  equipment for a new Prentice Women's Hospital...............1,600,000
Northwestern University, Evanston, IL for facilities and equipment at 
  the Pancoe-Evanston Northwestern Healthcare Life Sciences Pavi800,000
Norwalk Community College, Norwalk, CT, for construction and equipment 
  of a center for health and science............................100,000
Nova Southeastern University, Fort Lauderdale, FL, for facilities and 
  equipment.....................................................200,000
Oakland University School of Nursing, Rochester, MI for facilities and 
  equipment.....................................................125,000
Oakwood Health System, Dearborn, MI for facilities and equipment200,000
O'Connor Hospital, Delhi, NY, for facilities and equipment......100,000
Odessa Memorial Healthcare Center, Odessa, WA for facilities and 
  equipment...................................................1,050,000
Ohio Board of Regents, Columbus, OH for facilities and equipment for 
  the Third Frontier Network....................................750,000
Ohio Board of Regents, Columbus, OH to extend the Third Frontier 
  Network to children's and community hospitals for facilities and 
  equipment.....................................................750,000
Ohio State University Medical Center, Columbus, OH, for facilities and 
  equipment...................................................1,400,000
Ohio State University, Ohio Agricultural Research and Development 
  Center, Wooster, OH for facilities and equipment............1,000,000
Oklahoma Medical Research Foundation (OMRF), Oklahoma City, OK..100,000
Oklahoma Office of Rural Health, Oklahoma City, OK for telehealth50,000
Oklahoma State University, Rural Health Policy and Research Center, 
  Tulsa, OK, for telemedicine program...........................430,000
Operation PAR, Inc., Pinellas Park, FL for facilities and equipment for 
  a facility in PAR Village North.............................3,000,000

[[Page H10642]]

Operation PAR, Inc., Pinellas Park, FL, for facilities and equipment 
  for a child and family guidance center in St. Petersburg, FL2,000,000
Oregon Health Sciences University, Portland, OR.................300,000
Orrville Hospital Foundation dba Dunlap Memorial Hospital, Orrville, OH 
  for facilities and equipment..................................500,000
Ottumwa Regional Health Center, Ottumwa, IA.....................155,000
Our Health, Inc., Winchester, VA for rural outreach.............250,000
Overlook Hospital Foundation, Summit, NJ for facilities and equipment 
  for the Emergency Department...................................90,000
Palliative Care Center and Hospice of the North Shore, Evanston, IL for 
  facilities and equipment......................................300,000
Paradise Valley Hospital, National City, CA for facilities and 
  equipment for an emergency department facility................100,000
Pardee Hospital, Hendersonville, NC, for facilities and equipmen500,000
Park Ridge Hospital/Unity Health System, Rochester, NY, for facilities 
  and equipment for the emergency room..........................300,000
Parkview Hospital of El Reno Authority, El Reno, OK.............100,000
Partnership for Families, Children and Adults, Chattanooga, TN for 
  facilities and equipment for three of its facilities..........300,000
Partnership for the Children of San Luis Obispo County, Clinica de 
  Tolosa Dentistry for Children, San Luis Obispo, CA, for facilities 
  and equipment..................................................50,000
Pathway Caring for Children, Canton, OH for facilities and equip500,000
Peach Regional Medical Center, Fort Valley, GA for facilities and 
  equipment......................................................35,000
Penebscot Valley Hospital, Lincoln, ME for rural health care ser250,000
Penn Medicine, University of Pennsylvania Health System, Philadelphia, 
  PA.............................................................75,000
Pennsylvania College of Optometry, Elkins Park, PA for equipment100,000
Pennsylvania Hospital, Philadelphia, PA.........................200,000
Pennsylvania State University, Hershey, PA....................1,000,000
Perry Hospital, Perry, GA for facilities and equipment...........50,000
Phelps Memorial Hospital Center, Sleepy Hollow, NY for facilities and 
  equipment.....................................................450,000
Philadelphia College of Osteopathic Medicine, Philadelphia, PA..200,000
Philadelphia College of Osteopathic Medicine, Philadelphia, PA for 
  facilities and equipment for the Lawrenceville, GA campus.....682,000
Philipsburg Hospital, Philipsburg, PA, for facilities and equipm250,000
Phoenix House, Temple Terrace, FL...............................500,000
Pinnacle Health System, Harrisburg, PA..........................250,000
Pittsburgh Gateways Corporation, Pittsburgh, PA for construction of an 
  in vitro diagnostics facility.................................100,000
Pittsburgh Mercy Health System, Pittsburgh, PA..................200,000
Pittsburgh Regional Healthcare Initiative, Pittsburgh, PA.......200,000
Pittsburgh's Ohio Valley General Hospital, McKees Rocks, PA for 
  facilities and equipment......................................400,000
Placer County, Auburn, CA for facilities and equipment for the 
  Children's Health Center and Emergency Facility...............500,000
Plumas County, Quincy, CA for facilities and equipment for the Seniors 
  Nutrition Program.............................................100,000
Plumas County, Quincy, CA, for the Rural Health Services Project100,000
Pocono Medical Center, Stroudsburg, PA..........................100,000
Policy Institute for Integrative Medicine, Philadelphia, PA for 
  development and dissemination of internet-based educational materials 
  regarding integrative medicine................................140,000
Pondera Medical Center, Conrad, MT, for facilities and equipment250,000
Porcupine Clinic in Porcupine, South Dakota.....................100,000
Port Huron Hospital, Port Huron, MI for facilities and equipment200,000
Portneuf Medical Center, Pocatello, ID, for the cardiac and vascular 
  services center...............................................700,000
Prentiss Regional Hospital and Extended Care Facility, Prentiss, MS, 
  for facilities and equipment..................................225,000
Presbyterian Medical Center, University of Pennsylvania Health System, 
  Philadelphia, PA..............................................250,000
Primary Care Association of Hawaii for Telehealth and Outreach p400,000
Primary Care Center of Mount Morris, Mt. Morris, PA.............125,000
Primary Health Network, Sharon, PA..............................100,000
Prince George's Community College, Largo, MD for facilities and 
  equipment for nursing and other health-related instructional programs 
  at its Laurel College Center..................................200,000
Prince George's County Department of Health, Upper Marlboro, MD for 
  facilities and equipment for a community health clinic in Suitland, 
  MD.............................................................70,000
Prince George's County, MD for facilities and equipment for a health 
  clinic.........................................................70,000
Proctor Hospital, Peoria, IL, for facilities and equipment......450,000
Project Access of the Dan River Region, Danville, VA for rural h150,000
Providence Center, Inc., Millersville, MD, for facilities and eq240,000
Providence Health, Kansas City, KS for facilities and equipment at 
  Providence Medical Center.....................................400,000
Puerto Rico Department of Health, Rio Piedras, PR for a program of 
  stipends to medical residents to improve the supply of physicians in 
  Puerto Rico...................................................350,000
Punxsutawney Area Hospital, Punxsutawney, PA, for facilities and 
  equipment.....................................................100,000
Putnam Hospital Center, Carmel, NY for facilities and equipment.500,000
Queens Hospital Center, Jamaica, NY for facilities and equipment400,000
Quinnipiac University, Hamden, CT for facilities and equipment for its 
  graduate medical education center.............................400,000
Rainbow Babies and Children's Hospital, Cleveland, OH...........750,000
Regional Medical Center at Lubec, Lubec, ME for facilities and 
  equipment......................................................45,000
Rhode Island Hospital, Providence, RI for facilities and equipme800,000
Rhodes State College, Lima, OH, for facilities and equipment for the 
  nursing building..............................................250,000
Rice University, Houston, TX for facilities and equipment.....1,000,000
Ridgecrest Regional Hospital, Ridgecrest, CA, for facilities and 
  equipment.....................................................125,000
Ridges Clinic, Burnsville, MN, for facilities and equipment.....500,000
Riverside County Regional Medical Center, Moreno Valley, CA for 
  facilities and equipment for the trauma unit..................250,000
Riverside Health System, Newport News, VA, for facilities and equipment 
  for the Atlantic Coast Cancer Center Riverside................100,000
Riverside Health System, Newport News, VA, for facilities and equipment 
  for the Riverside School of Health Careers facility...........100,000
RMSA Inc. Health Center, Reidsville, NC for facilities and equip200,000
Robert Wood Johnson University Hospital, New Brunswick, NJ, for 
  facilities and equipment for the Bristol-Myers Squibb Children's 
  Hospital......................................................240,000
Rockcastle Hospital and Respiratory Care Center, Mt. Vernon, KY, for 
  facilities and equipment......................................750,000

[[Page H10643]]

Rockdale County, GA for health department facilities and equipment at 
  the J.P. Carr Human Services Complex..........................640,000
Rocking Horse Center, Springfield, OH for facilities and equipme150,000
Rosalind Franklin University of Medicine and Science, North Chicago, IL 
  for facilities and equipment..................................250,000
Roswell Park Cancer Institute, Buffalo, NY, for facilities and 
  equipment.....................................................250,000
Rumford Hospital, Rumford, ME for facilities and equipment......275,000
Rural Health Collaborative of Southern Ohio, Milford, OH for rural 
  outreach......................................................210,000
Rural Health Corporation of Northeastern, PA....................100,000
RUSH Initiative, Birmingham, AL for rural outreach..............150,000
RUSH Initiative, Birmingham, AL, for Safe Harbor program........200,000
Rush University Medical Center, Chicago, IL for facilities and 
  equipment.....................................................500,000
Rutgers University in New Jersey..............................1,000,000
Sac and Fox Tribe of the Mississippi in Iowa for a Tribal Health Care 
  Clinic......................................................1,500,000
Sacred Heart Hospital, Allentown, PA............................700,000
Safe Harbor Behavioral Health, Erie, PA..........................25,000
Saint Charles Foundation, Port Jefferson, NY for facilities and 
  equipment for Saint Charles Hospital..........................200,000
Saint Clare Hospital & Health Services, Baraboo, WI for facilities and 
  equipment.....................................................400,000
Saint Joseph Community Center, Lorain, OH for health-related facilities 
  and equipment.................................................320,000
Saint Joseph Health Services of Rhode Island, North Providence, RI for 
  a mobile dental van program....................................75,000
Saint Luke's Episcopal Hospital, Houston, TX for facilities and 
  equipment.....................................................350,000
Saint Luke's Hospital, Newburgh, NY for facilities and equipment250,000
Saint Mary Medical Center, Long Beach, CA for continuation of its 
  minority cancer education and outreach initiative.............100,000
Saint Agnes Medical Center, Philadelphia, PA....................250,000
Saint Anthony's Health Care Foundation, St. Petersburg, FL for 
  facilities and equipment....................................2,000,000
Saint Barnabas Health Care System...............................300,000
Saint Bernardine Medical Center, San Bernardino, CA for facilities and 
  equipment.....................................................575,000
Saint Francis Hospital, Wilmington, DE for facilities and equipm125,000
Saint Francis Medical Center, Trenton, NJ, for facilities and eq400,000
Saint Francis University Center of Excellence for Remote and Medically 
  Under-Served Areas, PA........................................250,000
Saint John's Hospital, Springfield, IL...........................75,000
Saint John's Health, MI.........................................500,000
Saint John's University, College of Pharmacy and Allied Health 
  Professions, Jamaica, NY for facilities and equipment.........340,000
Saint Joseph Health Center, St. Charles, MO for a Community Health 
  Education Resource Center.....................................500,000
Saint Joseph Hospital, Nashua, NH.............................1,000,000
Saint Joseph Hospital/PeaceHealth, Bellingham, WA to continue and 
  expand the Pursuing Perfection Project for Whatcom County.....500,000
Saint Joseph Medical Center Reading, PA.........................100,000
Saint Joseph's Hospital, Savannah, GA, for facilities and equipm450,000
Saint Jude Children's Research Hospital, Memphis, TN............500,000
Saint Louis Community Health Center, Superior, WI for facilities and 
  equipment and to provide dental services......................700,000
Saint Louis University, St. Louis, MO for construction, renovation, and 
  equipment...................................................1,000,000
Saint Luke Community Clinic, Front Royal, VA for facilities and 
  equipment......................................................50,000
Saint Luke's Hospital, Allentown, PA............................700,000
Saint Luke's Regional Medical Center, Boise, ID for facilities and 
  equipment.....................................................500,000
Saint Mary's Health Center, Jefferson City, MO, for facilities and 
  equipment.....................................................600,000
Saint Mary's Health System, Knoxville, TN for facilities and equipment 
  for the treatment center in North Knox County.................100,000
Saint Mary's Medical Center, Huntington, WV for facilities and 
  equipment...................................................1,000,000
Saint Patrick's Hospital and Health Sciences Center, International 
  Heart Institute, Missoula, MT to establish a Montana Cardiology 
  Medicine Network to provide rural telemedicine resources......700,000
Saint Peter's College, Jersey City, NJ for facilities and equipm200,000
Saint Peter's Medical Center in New Jersey......................200,000
Saint Thomas Health Services, Nashville, TN.....................500,000
Saint Vincent Healthcare Rocky Mountain Center, MT..............250,000
Saint Vincent Healthcare, Billings, MT..........................500,000
Saint Vincent's Medical Center in Bridgeport, CT................250,000
San Antonio Community Hospital, Upland, CA....................1,000,000
San Francisco State University, San Francisco, CA for programs to 
  recruit high school students interested in nursing careers and to 
  assist minority and disadvantaged students in masters and doctoral 
  nursing programs..............................................350,000
San Joaquin Community Hospital, Bakersfield, CA, for equipment and 
  facilities....................................................100,000
San Joaquin General Hospital, French Camp, CA for information 
  technology systems for medication dispensing, administration, and 
  management....................................................300,000
San Luis Obispo County Community College District (Cuesta College), San 
  Luis Obispo, CA, for facilities and equipment.................127,000
Santa Clara County Valley Medical Center Foundation, San Jose, CA for a 
  substance abuse treatment facility............................340,000
Sarasota Memorial Hospital, Sarasota, FL for facilities and equipment 
  for the North County Health Center............................275,000
Saratoga Hospital, Saratoga Springs, NY, for facilities and equi225,000
Schenectady Family Health Services, Schenectady, NY for facilities and 
  equipment.....................................................450,000
School of Nursing, Oregon Health Sciences University, Portland, OR for 
  facilities and equipment......................................370,000
Scotland County Memorial Hospital, Memphis, MO for facilities and 
  equipment.....................................................150,000
Scottsdale Healthcare, Scottsdale, AZ...........................300,000
Scottsdale Healthcare, Scottsdale, AZ for facilities and equipment for 
  the Osborne facility..........................................250,000
Scranton Primary Health Care Center, Scranton, PA................25,000
Scripps Health--Scripps Memorial Hospital La Jolla, San Diego, CA for 
  facilities and equipment......................................250,000
SDTC-The Center for Discovery, Harris, NY, for facilities and equipment 
  for the Carrus Institute......................................200,000
Seattle Indian Health Board, Seattle, WA for support of its residency 
  training program in family medicine...........................300,000
Sertoma Center, Knoxville, TN for facilities and equipment......250,000
Shands Jacksonville Hospital, Jacksonville, FL for facilities and 
  equipment.....................................................340,000
Sharon Regional Health System, Sharon, PA for construction, renovation 
  and equipment.................................................250,000
Shawano Area Community Foundation in Shawano, WI.................75,000

[[Page H10644]]

Shepherd University in Shepherdstown, West Virginia, for the 
  construction of a nursing education facility...............10,000,000
Sheppard Pratt Health System, Towson, MD for facilities and equi400,000
Shoals Committee on Programs and Employment, Florence, AL for 
  facilities and equipment in Russellville, AL..................100,000
Sierra View District Hospital, Porterville, CA for facilities and 
  equipment.....................................................500,000
Sierra Vista Regional Health Center, Sierra Vista, AZ for facilities 
  and equipment.................................................500,000
Sioux Valley Memorial Hospital, Cherokee, IA, for facilities and 
  equipment.....................................................100,000
Soldiers and Sailors Memorial Hospital, Wellsboro, PA, for facilities 
  and equipment.................................................200,000
Somerset Hospital, Somerset, PA, for facilities and equipment...250,000
Somerset Medical Center, Somerville, NJ, for facilities and equi500,000
South Carolina Office of Rural Health, Columbia, SC for facilities and 
  equipment.....................................................100,000
South County Hospital, Wakefield, RI for construction, renovation, and 
  equipment.....................................................150,000
South Dakota Dental Association in Pierre, South Dakota for Target 
  Access: Building A Dental Workforce in South Dakota...........200,000
South Dakota State University College of Pharmacy in Brookings, 200,000
South Dakota Technology Business Center in Sioux Falls, South Dakota to 
  construct the Graduate Education and Applied Research Center2,350,000
South Texas Rural Health Services, Cotulla, TX for a health center in 
  La Salle County...............................................200,000
Southcoast Health System, New Bedford, MA for facilities and equipment 
  for the emergency department at St. Luke's Hospital...........375,000
Southdale Hospital, Edina, MN, for facilities and equipment for an 
  electronic medical record system..............................200,000
Southeast Community College, Cumberland, KY, for facilities and 
  equipment for an allied health training facility..............400,000
Southeast Lancaster Health Services, Lancaster, PA..............100,000
Southeast Missouri Health Network, Madrid, MO for construction, 
  renovation, and equipment for a new building in Kennett, MO...470,000
Southeast Missouri State University, Cape Girardeau, MO, for facilities 
  and equipment.................................................650,000
Southern Arkansas University, Magnolia, AR for facilities and equipment 
  for nursing education.........................................340,000
Southern Illinois University, School of Medicine, Springfield, IL for 
  facilities and equipment for the Cancer Institute.............100,000
Southern New Hampshire Medical Center, Nashua, NH...............500,000
Southwest Colorado Mental Health Center, Durango, CO for the 
  construction of the Crossroads Mental Health Center at Mercy Medical 
  Center........................................................500,000
Southwest Utah Community Health Center, UT......................100,000
Southwestern Michigan College, Dowagiac, MI for facilities and 
  equipment.....................................................100,000
Spanish Catholic Center in Washington, DC.......................400,000
Spruce Pine Community Hospital, Spruce Pine, NC for facilities and 
  equipment......................................................50,000
Squirrel Hill Health Center, Jewish Healthcare Foundation, Pittsburgh, 
  PA............................................................100,000
St. Petersburg College, St. Petersburg, FL, for facilities and 
  equipment for a health education building...................1,485,000
Stark Metropolitan Housing Authority, Canton, OH for facilities and 
  equipment.....................................................250,000
Stark State College of Technology, Canton, OH for facilities and 
  equipment.....................................................400,000
State of Alaska Department of Health and Social Services, Juneau, AK 
  for implementation of its Frontier Extended Stay Clinic Demonstration 
  Project.......................................................250,000
State of New Mexico Human Services Department, Santa Fe, NM for 
  telehealth services to rural New Mexico.......................950,000
State University of New York, Upstate Medical University, Syracuse, NY 
  for facilities and equipment..................................500,000
Staten Island University Hospital, NY...........................200,000
Stedman-Wade Health Services, Wade, NC for facilities and equipm390,000
Stepping Stone School for Exceptional Children, Inc., Alma, AR...50,000
Stewart-Marchman Center, Daytona Beach, FL for facilities and eq100,000
Sullivan County Medical Center, Laporte, PA for rural outreach..225,000
Summa Health System, Akron, OH for facilities and equipment.....500,000
SUN Home Health Services, Inc., Northumberland, PA, for facilities and 
  equipment.....................................................250,000
Sun Life Family Health Center, Inc., Casa Grande, AZ for facilities and 
  equipment.....................................................100,000
Sunbury Community Hospital, Sunbury, PA.........................150,000
Susquehanna Health System, Williamsport, PA for equipment.......100,000
Swedish Covenant Hospital, Chicago, IL for facilities and equi1,000,000
Swedish Medical Center, WA......................................770,000
Swift Horse Lodge in Fort Thompson, SD..........................350,000
Tallahassee Community College, Tallahassee, FL for facilities and 
  equipment for healthcare training.............................450,000
Tattnall Community Hospital, Reidsville, GA for facilities and 
  equipment......................................................55,000
Taylor Telfair Regional Hospital, McRae, GA for facilities and 
  equipment......................................................40,000
Temple University Health System, Philadelphia, PA.............1,000,000
Tennessee Christian Medical Center, Madison, TN for facilities and 
  equipment.....................................................300,000
Tennessee Technological University School of Nursing, Cookeville500,000
Terra State Community College, Fremont, OH, for facilities and 
  equipment for a health sciences building......................250,000
Texas A & M University Health Science Center, College Station, TX for 
  the Rural Community Health Institute..........................400,000
Texas Children's Hospital, Houston, TX for facilities and equipment for 
  a heart center facility.......................................700,000
Texas College, Tyler, TX, for facilities and equipment for the Allied 
  Health Services Building......................................100,000
Texas Health Resources, Arlington, TX for facilities and equipment for 
  Harris Methodist Fort Worth Hospital, Ft. Worth, TX and Harris 
  Methodist Northwest Hospital, Azle, TX........................450,000
Texas Heart Institute, Houston, TX for equipment................350,000
Texas Tech University Health Sciences Center at El Paso, for facilities 
  and equipment...............................................1,100,000
Texas Tech University Health Sciences Center, Lubbock, TX, for a 
  cardiovascular center.........................................250,000
The Hospital, Town of Sidney, Sidney, NY, for facilities and equi50,000
The Jackson Laboratory, Harbor, ME..............................250,000
The Shelter, Columbia, MO, for facilities and equipment for a 
  transitional living program facility..........................250,000
Third Street Family Health Services, Mansfield, OH for facilities and 
  equipment.....................................................350,000

[[Page H10645]]

Thomas Jefferson University Hospital, Philadelphia, PA for facilities 
  and equipment.................................................900,000
Thoughtful House, Austin, TX, for facilities and equipment......200,000
Thundermist Health Center, Woonsocket, RI for information technology 
  upgrades......................................................200,000
Tiburcio Vasquez Health Center, Union City, CA for facilities and 
  equipment for its Hayward site................................250,000
Tioga Dental Services, Wellsboro, PA............................100,000
Tomball Regional Hospital, Tomball, TX, for catheterization lab.250,000
Touro University College of Osteopathic Medicine in Henderson, N400,000
Town of Moriah, Port Henry, NY for the Mineville Health Center, 
  Mineville, NY for facilities and equipment....................300,000
Town of Welaka Medical Center, Welaka, FL, for facilities and eq100,000
Translational Genomics Research Institute, Phoenix, AZ for facilities 
  and equipment...............................................1,200,000
Transplant Foundation, Philadelphia, PA.........................100,000
Triangle AIDS Network, Beaumont, TX for facilities and equipment250,000
Tri-County Community Action Program, Tamworth, NH...............650,000
Tri-County Community Dental Clinic in Appleton, WI to provide dental 
  services for rural low-income populations.....................100,000
Tucson Medical Center, Tucson, AZ for facilities and equipment for the 
  TMC Health Care hospice facility............................1,000,000
Tufts University School of Medicine, Boston, MA.................200,000
Twin Cities Community Hospital, Inc., Templeton, CA, for equipme140,000
Tyrone Hospital, Tyrone, PA.....................................500,000
UMass Memorial Health Care in Worcester, MA for a high-speed network 
  and Picture Archiving and Communication System................400,000
Umatilla County, Pendleton, OR for construction of a public health 
  facility.......................................................95,000
Under His Wings, Morris, IL for renovation of two facilities.....50,000
Union Mission, Inc., Savannah, Georgia for facilities and equipm100,000
Uniontown Hospital, Uniontown, PA for facilities and equipment..750,000
United Medical Center, Cheyenne, WY.............................300,000
University at Buffalo, State University of New York, Buffalo, NY, for 
  facilities and equipment for the Center of Excellence in 
  Bioinformatics................................................500,000
University Hospitals of Cleveland, Rainbow Babies & Children's 
  Hospital, Cleveland, OH for facilities and equipment........1,000,000
University Medical Center of South Nevada.......................500,000
University of Akron, Medina County University Center, Akron, OH for 
  facilities and equipment....................................1,000,000
University of Alaska/Anchorage--Anchorage, AK for its Geriatric and 
  Disabled Care Training Program................................500,000
University of Alaska/Anchorage--Anchorage, AK to continue program to 
  recruit and retain Alaska Natives as nurses...................425,000
University of Alaska/Fairbanks and University of Alaska/Anchorage--
  Anchorage and Fairbanks, AK to continue Alaska Natives in Psychology 
  (ANPSYCH) program.............................................500,000
University of Appalachia, Saint Paul, VA for facilities and equipment 
  for a School of Pharmacy......................................500,000
University of Arizona, Tucson, AZ, for facilities and equipmen1,200,000
University of Arkansas for Medical Sciences, Little Rock, AR for the 
  ANGELS program................................................350,000
University of California--Los Angeles, Beverly Hills, CA........100,000
University of California at Los Angeles, School of Medicine for 
  facilities and equipment for the UCLA AIDS Institute..........350,000
University of California at San Francisco Children's Hospital, for 
  facilities and equipment for a Mothers' and Children's Birth Defects 
  Center........................................................500,000
University of California San Diego Medical Center, La Jolla, CA for 
  facilities and equipment for the Institute of Molecular Medicine 
  facility......................................................650,000
University of California, Davis Health System, Sacramento, CA for 
  construction of medical library and education center..........700,000
University of California, Irvine Medical Center, Orange, CA for 
  facilities and equipment for the emergency department.........400,000
University of Charleston in Charleston, WV, for a School of Pharmacy 
  facility....................................................5,300,000
University of Chicago Hospitals and Health System, Chicago, IL for 
  facilities and equipment for a new pediatric emergency room...550,000
University of Cincinnati Medical Center, Cincinnati, OH for facilities 
  and equipment for the medical sciences building...............400,000
University of Denver, Denver, CO................................200,000
University of Florida, Health Science Center, Gainesville, FL for 
  facilities and equipment for the animal facility............2,000,000
University of Illinois College of Medicine at Peoria, Peoria, IL for 
  facilities and equipment for a cancer research center.........200,000
University of Illinois College of Medicine, Chicago, IL for the 
  renovation and expansion of the National Center for Rural Health 
  Professions, Education, and Research at the University of Illinois 
  College of Medicine, Rockford.................................300,000
University of Iowa, Iowa City, IA, for facilities and equipment for a 
  public health laboratory....................................1,400,000
University of Kentucky Consortium for Applied Oral Health Research and 
  Treatment, Lexington, KY....................................1,300,000
University of Kentucky Research Foundation, Lexington, KY, for rural 
  outreach......................................................750,000
University of Kentucky, Lexington, KY Neuroscience Research In1,500,000
University of Louisiana at Monroe, Monroe, LA for creation of the 
  northeast Louisiana healthline................................150,000
University of Louisville, Louisville, KY for equipment related to 
  Regenerative Medicine for the Treatment of Ischemic Heart Disease 
  Project.....................................................2,000,000
University of Louisville, Louisville, KY for the Baxter III Research 
  Building...................................................10,250,000
University of Louisville, Louisville, KY, for the Center for Cancer 
  Nursing Education and Research................................300,000
University of Maryland at Baltimore to establish a nursing insti250,000
University of Maryland School of Pharmacy, Baltimore, MD for facilities 
  and equipment.................................................500,000
University of Massachusetts, Amherst, MA........................700,000
University of Medicine and Dentistry of New Jersey, School of 
  Osteopathic Medicine, Stratford, NJ, for facilities and equipment for 
  the Geriatric Research Center..................................75,000
University of Miami, Miami, FL for facilities and equipment for the 
  Center for Research in Medical Education......................650,000
University of Michigan Health System, Ann Arbor, MI for infectious 
  disease laboratory facilities and equipment...................600,000
University of Mississippi Medical Center, Jackson, MS for the Imaging 
  Research Center.............................................4,000,000

[[Page H10646]]

University of Mississippi, Oxford, MS, School of Pharmacy for the 
  National Center for Natural Products Research Phase II......2,600,000
University of Nevada, Las Vegas for faculty and other costs associated 
  with organization and start-up of School of Public Health...1,000,000
University of Nevada, Reno for the Institute for Aging..........900,000
University of New Mexico, Albuquerque, NM.....................6,000,000
University of North Dakota School of Medicine and Health Sciences for 
  facilities and equipment......................................450,000
University of North Dakota, School of Medicine, Grand Forks, ND, to 
  continue rural health research at the Center for Rural Health and 
  Medicine......................................................750,000
University of Northern Colorado, Greeley, CO, for facilities and 
  equipment at the Rocky Mountain Cancer Rehabilitation Institute75,000
University of Northern Colorado, Greeley, CO, for the Maple Tree 
  Project at the Rocky Mountain Cancer Rehabilitation Institute..75,000
University of Oklahoma Health Sciences Center, Oklahoma City, OK, to 
  further develop its doctoral-level program in bioinformatics..100,000
University of Pennsylvania Institute for Translational Research, 
  Philadelphia, PA............................................1,000,000
University of Pennsylvania for the Paula Kline breast cancer treatment 
  enhancement program, Philadelphia, PA.........................200,000
University of Pittsburgh at Bradford, Bradford, PA, for the Center for 
  Rural Health Practice..........................................50,000
University of Pittsburgh Medical Center, Pittsburgh, PA.......1,000,000
University of Pittsburgh Medical Center, Pittsburgh, PA for non-
  invasive radio wave ablation equipment........................200,000
University of Pittsburgh, Pittsburgh, PA......................1,000,000
University of Rochester in NY to expand the School of Nursing...400,000
University of Scranton, Scranton, PA............................200,000
University of South Alabama, Mobile, AL......................20,000,000
University of South Alabama, Mobile, AL for facilities and equipment 
  for the Cancer Research Institute.............................300,000
University of South Alabama, Mobile, AL for the Office of Emerging 
  Health Technologies...........................................250,000
University of South Dakota Department of Dental Hygiene in Vermillion, 
  SD............................................................100,000
University of South Florida, Tampa, FL for facilities and equipment for 
  the Center for Biological Defense Labs......................2,000,000
University of Southern Maine, Portland, ME, for expansion of the USM 
  nursing school................................................250,000
University of Southern Mississippi, Hattiesburg, MS to equip the 
  alternative models for primate research laboratory............250,000
University of Tennessee at Chattanooga, Graduate School of 
  Computational Engineering and UT SimCenter at Chattanooga, 
  Chattanooga, TN...............................................400,000
University of Tennessee Health Science Center, Memphis, TN to support 
  the Delta Health Partnership (Delta Regional Authority and Delta 
  Health Alliance) project......................................750,000
University of Tennessee Medical Center, Knoxville, TN...........250,000
University of Texas Health Center at Tyler, Tyler, TX for facilities 
  and equipment for the Texas Lung Injury Institute.............500,000
University of Texas Health Center at Tyler, Tyler, TX, for facilities 
  and equipment for an asthma mobile van........................400,000
University of Texas Health Science Center San Antonio, San Antonio, TX 
  for equipment.................................................250,000
University of Texas Health Science Center, Houston, TX for the 
  facilities and equipment for the Alliance of NanoHealth.....1,000,000
University of Texas MD Anderson Cancer Center, Houston, TX for 
  equipment.....................................................500,000
University of Texas Medical Branch, Galveston, TX for facilities and 
  equipment for infectious disease research.....................750,000
University of Texas Medical Branch, Galveston, TX for the Texas 
  Telehealth Resource Center....................................350,000
University of Texas Southwestern Medical Center and University of Texas 
  at Dallas for facilities and equipment for their joint program on 
  sickle cell disease...........................................400,000
University of Texas Southwestern Medical Center at Dallas, TX, for 
  facilities and equipment at the Metroplex Medical Imaging Center, 
  Dallas, TX....................................................200,000
University of the Pacific School of Dentistry, San Francisco, CA for 
  facilities and equipment......................................200,000
University of Washington, School of Medicine, Seattle, WA for Wyoming 
  state participation in the WWAMI regional pilot program to help 
  address the shortage of health professionals in the rural WWAMI 
  region.........................................................50,000
University of Washington, School of Medicine, Seattle, WA, for WWAMI 
  rural training project........................................340,000
University of Washington, Seattle, WA for construction of a life 
  sciences building...........................................1,500,000
University of Washington, Seattle, WA, for facilities and equipment for 
  a muscular dystrophy research center building..................50,000
University of Wisconsin--Milwaukee, College of Nursing, for a school 
  nursing demonstration project in the Milwaukee Public Schools.450,000
Utah Navajo Health System, Montezuma Creek, UT for facilities and 
  equipment.....................................................500,000
Valdosta State University, Valdosta, GA for facilities and equipment 
  for a health sciences facility................................400,000
Valley Hospital, Ridgewood, NJ for facilities and equipment for an 
  electronic intensive care unit.................................70,000
Van Andel Research Institute, Grand Rapids, MI, for facilities and 
  equipment for the Multiple Myeloma Laboratory.................360,000
Vanderbilt University Medical Center Department of Pediatrics, 
  Nashville, TN for the Nurses for Newborns of Tennessee program250,000
Vassar Brothers Medical Center, Poughkeepsie, NY for facilities and 
  equipment.....................................................250,000
Virginia College of Osteopathic Medicine, Blacksburg, VA for rural 
  health outreach...............................................150,000
Virginia Commonwealth University, Richmond, VA for facilities and 
  equipment for Massey Cancer Center..........................1,000,000
Visiting Nurse Association Care Watch Program, Cleveland, Ohio, to 
  purchase equipment............................................300,000
Visiting Nurse Association Healthcare Partners of Ohio, East Cleveland, 
  OH for facilities and equipment...............................275,000
Visiting Nurse Association of Fox Valley, Aurora, IL for facilities and 
  equipment.....................................................550,000
Visiting Nurse Association of Northern New Jersey, Morristown, NJ for 
  facilities and equipment......................................500,000
Visiting Nurse Association of Somerset Hills, Bernardsville, NJ for 
  facilities and equipment......................................500,000
Visiting Nurses Association of Greater Philadelphia, Philadelphi150,000

[[Page H10647]]

Vitality Center Community Service Agency in Elko, NV.............50,000
Voorhees College- Denmark, SC...................................100,000
Waianae Coast Community Health Center, Hawaii, for leadership tra50,000
WakeMed, Raleigh, NC for construction and equipment for health care 
  information technology........................................100,000
WakeMed, Raleigh, NC for programs to recruit and train health care 
  professionals.................................................350,000
Walsh University, North Canton, OH, for facilities and equipment500,000
Warren County Chamber of Business and Industry, Warren, PA to purchase 
  equipment at the Warren General Hospital......................100,000
Washington County, NC for facilities and equipment for the Washington 
  County Hospital...............................................300,000
Washington County, OR for a primary care clinic.................100,000
Washington Hospital Center, Washington, DC for facilities and 1,290,000
Washoe Medical Foundation in Reno, NV...........................500,000
Waterbury Hospital Health Center, Waterbury, CT for facilities and 
  equipment.....................................................100,000
Wayne Community Health Centers, Inc., Wayne County, Utah.........50,000
Wayne County Department of Public Health, Detroit, MI for its Maternal 
  and Child Outreach, Coordination and Advocacy Program to reduce 
  infant mortality and low-weight or pre-term births............600,000
Wayne Memorial Hospital, Honesdale, PA..........................200,000
Weber State University, Ogden, UT...............................600,000
Wells River Action Program, Wells River, VT to provide free or low-cost 
  healthcare to medically underserved people in rural Vermont....85,000
Welsh Mountain Medical & Dental Center, New Holland, PA..........50,000
Wesley College, Dover, DE for facilities and equipment for the nursing 
  program.......................................................175,000
West Hawaii Community Health Center on the Big Island of Hawaii..50,000
West Los Angeles College, Culver City, CA for the Allied Health 
  Workforce Enhancement Project.................................240,000
West Point Community Hospital, West Point, MS for facilities and 
  equipment.....................................................775,000
West Shore Advanced Life Support Services, Inc., Camp Hill, PA, for 
  facilities and equipment......................................100,000
West Virginia University for a clinical teaching center at the 
  Charleston Area Medical Center..............................5,000,000
West Virginia University for the construction of a Biomedical Science 
  Research Center............................................20,000,000
West Virginia Wesleyan College for the construction of an expansion of 
  the Christopher Health Science Center.......................4,000,000
WestCare Health System, Sylva, NC, for facilities and equipment.600,000
Western Pennsylvania Hospital, Pittsburgh, PA...................250,000
Westmoreland Regional Hospital, Greensburg, PA for facilities and 
  equipment.....................................................200,000
Westside Healthcare District, Taft, CA, for facilities and equip200,000
Whidden Memorial Hospital, Everett, MA for facilities and equipm400,000
White Memorial Medical Center, Los Angeles, CA for facilities and 
  equipment...................................................1,500,000
White Plains Hospital Center, White Plains, NY for a project in 
  cooperation with the White Plains School District to encourage and 
  assist students, particularly underrepresented minorities, to pursue 
  careers in nursing............................................350,000
Whiteside County Health Department, Rock Falls, IL for facilities and 
  equipment.....................................................450,000
Whitney M. Young, Jr. Health Center, Albany, NY for facilities and 
  equipment.....................................................340,000
Wills Eye Hospital, Philadelphia, PA..........................1,000,000
Winneshiek County Memorial Hospital, Decorah, IA for facilities and 
  equipment.....................................................100,000
Wirt County Health Services Association, Inc., Elizabeth, WV for 
  facilities and equipment for a community health center in Ravenswood, 
  WV............................................................100,000
Wishard Hospital in Indianapolis, IN............................250,000
Wistar Institute, Philadelphia, PA..............................100,000
Women and Infants Hospital, Providence, RI for facilities and eq100,000
Women's Medical Hospital, Philadelphia, PA for construction, renovation 
  and equipment.................................................250,000
Wooster Community Hospital, Wooster, OH for facilities and equ1,000,000
Wright State University, Miami Valley College of Nursing and Health, 
  Dayton, OH for the Nursing Institute of West Central Ohio.....100,000
Wyoming Valley Health Care System, Wilkes-Barre, PA.............100,000
Wyoming Valley Health Care System, Wilkes-Barre, PA for construction, 
  renovation, and equipment.....................................150,000
Yakima Valley Farmworkers Clinic, Portland, OR to purchase equipment 
  for the Rosewood Family Health Clinic.........................100,000
Yakima Valley Memorial Hospital, WA.............................500,000
Yale University School of Medicine, New Haven, CT for facilities and 
  equipment for an ovarian cancer prevention and early detection 
  program.......................................................400,000
Yancey County, Burnsville, NC, for facilities and equipment for the 
  Yancey County children and family services medical campus...1,000,000
Yavapai Regional Medical Center, Prescott, AZ, for facilities and 
  equipment.....................................................100,000
Yeled V'Yalda Early Childhood Center, Inc., Brooklyn, NY for facilities 
  and equipment for a medical center and therapeutic recreation 100,000
Yeshiva University, Albert Einstein College of Medicine, New York, NY 
  for facilities and equipment..................................200,000
YMCA of Central Stark County, Canton, OH for facilities and eq1,000,000
YMCA of Western Stark County, Navarre, OH for facilities and e1,000,000
York Health Corporation, York, PA................................25,000
Zucker Hillside Hospital, Glen Oaks, NY for facilities and equip385,000

       The conference agreement includes bill language identifying 
     $39,499,000 for the rural hospital flexibility grants 
     program, as provided by the Senate. The House bill provided 
     $32,500,000. Within the total provided, $14,499,000 is for 
     the Small Rural Hospital Improvement Grant program.
       The conference agreement includes bill language identifying 
     $249,000 for facilities renovation at the Gillis Long 
     Hansen's Disease Center as proposed by the Senate rather than 
     $250,000 as proposed by the House.
       The conferees have included bill language proposed by the 
     Senate identifying $31,000,000 for existing community health 
     centers for economic stabilization and to offset the rising 
     cost of current services. The House report included a similar 
     directive.
       The conference agreement includes bill language identifying 
     $100,000 for malpractice insurance for volunteer physicians 
     who practice at free clinics instead of $4,821,000 as 
     proposed by the Senate. The House did not provide funding for 
     this program. The conferees understand that claims against 
     the Federal malpractice insurance are not likely to appear 
     until at least fiscal year 2006, but want to signal the 
     intent to continue the program.
       The conference agreement includes bill language providing 
     $9,941,000 to remain available until expended for the 
     National Cord Blood Stem Cell Bank Program. The House did not 
     provide funding for this program.
       The conference agreement includes bill language identifying 
     $288,283,000 for family planning instead of $278,283,000 as 
     proposed by the House and $308,283,000 as proposed by the 
     Senate.
       The conference agreement includes bill language identifying 
     $793,872,000 for State AIDS Drug Assistance Programs instead 
     of $783,872,000 as proposed by the Senate and $803,872,000 as 
     proposed by the House.

[[Page H10648]]

       The conference agreement includes bill language designating 
     $119,158,000 of the funds provided for the maternal and child 
     health block grant for special projects of regional and 
     national significance (SPRANS), as provided by the House. The 
     Senate bill provided $122,530,000 for this purpose. It is 
     intended that $4,000,000 of the SPRANS amount will be used to 
     continue the sickle cell newborn screening program and its 
     locally based outreach and counseling efforts. In addition, 
     $5,000,000 of the SPRANS amount will be used to continue the 
     oral health demonstration programs and activities in the 
     States. The conference agreement also includes within the 
     SPRANS set-aside $1,600,000 to continue mental health 
     programs and activities in the States, $3,000,000 to continue 
     the epilepsy demonstration, and $2,000,000 to continue 
     newborn and child screening for heritable disorders.
       The conference agreement includes $200,000 for grants to 
     establish a demonstration program and a National Coordinating 
     Center to develop systemic mechanisms for the prevention and 
     treatment of sickle cell disease as authorized in Section 712 
     of Public Law 108-357. The Sickle Cell Demonstration Program 
     is designed to improve and expand patient and provider 
     education and the continuity and coordination of service 
     delivery for individuals with sickle cell disease through 
     grants to eligible entities as provided for in the 
     legislation. The conferees encourage HRSA to work with 
     patient and provider organizations to develop these programs 
     and prepare a program plan for fiscal year 2006 within six 
     months of enactment.
       The conference agreement includes bill language providing 
     $40,000,000 to the Denali Commission as a direct lump payment 
     pursuant to P.L. 106-113, of which $10,000,000 is for a 
     psychiatric treatment facility in Bethel, Alaska, $10,000,000 
     is for residential and supportive housing for elders, 
     $2,500,000 is for medical and dental equipment for rural 
     clinics, and $5,000,000 is for upgrade and construction of 
     shelters for victims of domestic violence and child abuse. 
     The Senate provided $41,794,000 for the Denali Commission. 
     The House did not include funding for the Commission. These 
     funds support construction and renovation of health clinics, 
     hospitals and social service facilities in rural Alaska as 
     authorized by Public Law 106-113. Provision of the funding 
     will help remote communities in Alaska develop critically 
     needed health and social service infrastructure for which no 
     other funding sources are available. The conferees expect the 
     Denali Commission to continue its support of joint venture 
     projects to replace the aging hospitals in Nome and Barrow.
       The conference agreement provides $14,000,000 for Native 
     Hawaiian health care activities within the consolidated 
     health centers program instead of $15,000,000 as provided by 
     the Senate. The House did not identify specific funding for 
     Native Hawaiian activities.
       The conferees continue to support the technical assistance 
     provided to community health centers through the current 
     state and national cooperative agreements, in order to 
     sustain the continued expansion of the health centers 
     program.
       The conferees urge HRSA to give preference for funding to 
     section 330 applications submitted within States that have 
     made recent and significant investments to develop new health 
     center sites and services.
       The conference agreement provides $87,078,000 for National 
     Health Service Corps recruitment. Although this level is a 
     reduction compared to fiscal year 2004, it is not expected to 
     trigger a decrease in the number of scholarships and loan 
     repayments that can be supported. The recently enacted 
     American Jobs Creation Act of 2004 exempts NHSC loan 
     repayments from taxation as income. This legislative change 
     will permit HRSA to make approximately forty percent more 
     awards under the loan repayment program at any given funding 
     level than in fiscal year 2004 because HRSA will no longer 
     have to reimburse loan recipients for the tax payment. The 
     conference agreement includes $2,000,000 for the 
     demonstration program which allows chiropractors to 
     participate in the NHSC loan forgiveness program.
       The conferees do not approve the President's request to use 
     Healthy Community Access program funds for health care 
     networks or for chronic disease management activities.
       Within the total for Ryan White AIDS programs, no less than 
     the amount provided in fiscal year 2004 is included for AIDS 
     activities that are targeted to address the growing HIV/AIDS 
     epidemic and its disproportionate impact upon communities of 
     color, including African Americans, Latinos, Native 
     Americans, Asian Americans, Native Hawaiians, and Pacific 
     Islanders.
       The conference agreement includes $9,000,000 for rural and 
     community access to emergency devices. Of this amount, 
     $8,000,000 is for the rural program under section 413 of the 
     Public Health Service Act and $1,000,000 is for the community 
     access demonstration under section 313 of the Act.
       The conferees are concerned about reports that grant 
     reviewers for the health careers opportunity program (H-COP) 
     have not recognized the guidance in House and Senate 
     appropriations report language over the past several years. 
     That report language consistently urged HRSA to give priority 
     consideration for H-COP grants to historically minority 
     health professions schools. Yet, several proposals for 
     initial or competitive renewal grants from these institutions 
     were not funded in the 2003-2004 grant cycle; the reviewer 
     comments did not seem to acknowledge important elements of 
     the applications demonstrating the accomplishments of these 
     schools. The conferees direct the Government Accountability 
     Office to study the H-COP grant review process over the past 
     two years to determine if the grant reviewers correctly 
     interpreted and scored the applications from historically 
     minority health professions schools. The review should 
     include the appropriateness of the criteria used to score the 
     application and the degree to which they reflected 
     appropriations report language guidance. The report should be 
     delivered to the House and Senate Appropriations Committees 
     by June 1, 2005.
       The conferees encourage HRSA to provide funding for 
     baccalaureate-prepared registered nurses to obtain advanced 
     nursing education (master's degrees) in psychiatric mental 
     health nursing. The conferees further encourage HRSA to 
     provide funding for post-masters certification training in 
     psychiatric mental health nursing for masters-prepared nurses 
     already trained in other specialties.
       The conferees recognize the problem of a growing shortage 
     of nursing faculty and that potential nursing students are 
     being turned away from nursing schools because faculty are 
     not available. For example, a lack of qualified faculty is a 
     principal reason for not admitting more students into some 
     Tennessee nursing programs, and Tennessee is one of six 
     states expected to have a critical shortage of nursing 
     faculty within the next five years. The conferees support 
     efforts to address the nursing school faculty shortage 
     through the development of strategic partnerships between 
     health care providers and educational institutions.
       The conferees concur in the House report language 
     allocating funding within allied health at the fiscal year 
     2004 level for graduate psychology education and 
     geropsychology. The conferees also concur in House report 
     language allocating the same funding as in fiscal year 2004 
     for geriatric education centers, geriatric training, and 
     geriatric academic career awards. The conferees concur in 
     Senate report language allocating funding at least at the 
     fiscal year 2004 level for the pediatric dental program and 
     providing continued funding for the chiropractic-medical 
     school demonstration grant program.
       The conferees continue to be concerned about the health 
     care needs of those in the Mississippi River Delta region. 
     The conferees provide $5,200,000 for rural health outreach to 
     continue the ongoing initiative in eight States. These grants 
     provide funding and technical assistance to help underserved 
     rural communities identify and better address their health 
     care needs and to help small rural hospitals improve their 
     financial and operational performance. The conferees further 
     recommend that HRSA consult with the Delta Regional Authority 
     and the Delta Health Alliance, given their ongoing 
     relationships with communities in the Delta.
       The conferees concur in language in the Senate report 
     identifying $3,000,000 within traumatic brain injury funding 
     for protection and advocacy services. The House report did 
     not have similar language.
       The conferees concur in language included in the Senate 
     report regarding the distribution of family planning grants. 
     The House report did not include similar language.
       The conference agreement includes $148,533,000 for program 
     management as provided by the Senate instead of $151,317,000 
     as provided by the House. The conferees expect HRSA to use no 
     more than one percent of the funds allocated for projects for 
     agency administrative expenses.

               Centers for Disease Control and Prevention


                DISEASE CONTROL, RESEARCH, AND TRAINING

       The conference agreement includes $4,533,911,000 for 
     disease control, research, and training at the Centers for 
     Disease Control and Prevention (CDC), instead of 
     $4,228,778,000 as proposed by the House and $4,538,592,000 as 
     proposed by the Senate. In addition, $265,100,000 is made 
     available under section 241 of the Public Health Service Act. 
     The House bill proposed that $249,100,000 and the Senate bill 
     proposed that $269,100,000 be derived from section 241 
     authority.
       The conference agreement adopts the revised account 
     structure proposed by the Senate. The new structure includes 
     both account changes that result from the CDC Director's 
     Futures Initiative and revisions made by the Senate regarding 
     the treatment of CDC overhead, personnel, and business 
     expenses. Accordingly, all House bill numbers referenced 
     below are adjusted for comparability.
       The conference agreement includes bill language earmarking 
     $272,000,000 for equipment, construction, and renovation of 
     facilities, including the new data center and recovery site 
     to ensure availability of critical systems and data 
     supporting CDC's homeland security and public health 
     emergency responsibilities, instead of $81,500,000 as 
     proposed by the House and $294,500,000 as proposed by the 
     Senate. Within this total, $250,000,000 is for continuation 
     of CDC's program to upgrade and replace facilities in Atlanta 
     and $22,000,000 is to continue construction and purchase 
     equipment for the replacement of CDC's infectious disease 
     laboratory in Fort Collins, Colorado. The conferees support 
     the implementation of CDC's Buildings and Facilities Master 
     Plan and are pleased with the progress made to date.
       The conference agreement includes bill language carried in 
     prior years to allow the

[[Page H10649]]

     CDC to enter into a single contract or related contracts for 
     the full scope of development and construction of facilities 
     as proposed by both the House and the Senate. The conference 
     agreement also includes bill language to allow funds 
     appropriated to the CDC to be used to enter into a long-term 
     ground lease for construction on non-Federal land, in order 
     to replace their laboratory in the Fort Collins, Colorado 
     area as proposed by both the House and Senate.
       The conference agreement includes bill language to earmark 
     $124,882,000 for international HIV/AIDS, instead of 
     $142,808,000 as proposed by the House and $118,842,000 as 
     proposed by the Senate. The conference agreement reflects the 
     result of the CDC account restructuring and not a difference 
     in the international HIV/AIDS program operation level.
       The conference agreement includes bill language similar to 
     that proposed by the Senate designating that the following 
     amounts shall be available under section 241 (Public Health 
     Service Act evaluation set-aside) for the specified 
     activities:
       $109,021,000  National Center for Health Statistics 
     Surveys;
       $12,794,000  National Immunization Surveys;
       $24,751,000  Information Systems Standards Development and 
     Architecture and Applications-based Research Used at Local 
     Public Health Levels;
       $87,071,000  Research Tools and Approaches within the 
     National Occupational Research Agenda;
       $31,000,000  Public Health Research; and
       $463,000  Health Marketing evaluations.
       The conference agreement does not include language proposed 
     by the Senate providing authority to the Director to direct 
     up to 1 percent of the amount made available for any program, 
     project, or activity in this Act to the Centers for Disease 
     Control and Prevention to programs, projects, and activities 
     the Director may so designate. The conferees instead 
     encourage the Director to utilize available reprogramming 
     authority to assist in the implementation of the Futures 
     Initiative.
       The conference agreement includes modified bill language 
     proposed by the Senate to permit the Director to use up to 
     $10,000 provided under this heading for representational 
     expenses. The Senate bill included similar authority as a 
     general provision. The House bill had no similar provision.


                          Infectious Diseases

       The conference agreement includes $1,666,455,000 for 
     Infectious Diseases, instead of $1,660,599,000 as proposed by 
     the House and $1,675,800,000 as proposed by the Senate. In 
     addition, $12,794,000 is available to carry out National 
     Immunization Surveys to be derived from section 241 
     evaluation set-aside funds.
     Infectious Disease Control
       Within the total for Infectious Diseases, the conference 
     agreement includes $227,521,000 for infectious disease 
     control activities instead of $224,288,000 as proposed by the 
     House and $232,731,000 as proposed by the Senate.
       Within the total provided, $1,291,000 above fiscal year 
     2004 is provided for areas of highest scientific and 
     programmatic priority for preparing and responding to present 
     and emerging infectious disease threats.
       Within the total provided, $3,500,000 above fiscal year 
     2004 is to augment CDC's resources for supporting States in 
     developing and implementing effective surveillance, 
     prevention, and mosquito control to effectively combat West 
     Nile Virus and support research on the biology of the 
     disease.
       Within the total provided, $1,000,000 above fiscal year 
     2004 is to expand and improve surveillance, research, and 
     prevention activities on prion disease. The conferees intend 
     the CDC allocate a portion of the increase provided to expand 
     the work of the National Prion Disease Pathology Surveillance 
     Center and to augment state and local disease surveillance 
     activities.
     HIV/AIDS, STD and TB Prevention
       Within the total for Infectious Diseases the conference 
     agreement includes $968,938,000 for HIV/AIDS, STD and TB 
     prevention instead of $970,590,000 as proposed by the House 
     and $967,075,000 as proposed by the Senate.
       Included is $667,938,000 for domestic HIV/AIDS activities; 
     $161,000,000 for STD activities; and $140,000,000 for TB 
     activities.
       Within the total for HIV/AIDS, the conferees intend that 
     the activities that are targeted to address the growing HIV/
     AIDS epidemic and its disparate impact on communities of 
     color, including African Americans, Latinos, Native 
     Americans, Asian Americans, Native Hawaiians, and Pacific 
     Islanders be supported at not less than $97,818,000, the 
     fiscal year 2004 level. The conferees intend that CDC follow 
     the report accompanying the Labor, HHS and Education and 
     Related Agencies Appropriations Act, 2002 regarding the 
     disbursement of these funds, including continuing support for 
     the Directly Funded Minority Community Based Organization 
     Program.
       The conference agreement provides an increase of $2,420,000 
     to expand the infertility prevention program to provide 
     screening and testing technologies for STDs and HIV, as well 
     as other women's health services that are provided by 
     recipients of these funds.
       The conferees concur with language in the Senate report 
     encouraging CDC to maximize the percentage of TB control 
     funds made available on a per case basis while ensuring that 
     no state receives less funding than it received in fiscal 
     year 2004.
     Immunization
       Within the total for Infectious Diseases, the conference 
     agreement includes a discretionary program level total of 
     $469,995,000 for immunization, instead of $465,721,000 as 
     proposed by the House and $475,995,000 as proposed by the 
     Senate. In addition, $12,794,000 is for national immunization 
     surveys to be derived from section 241 evaluation set-aside 
     funds, the same as proposed by the Senate and the House.
       In addition, the Vaccines for Children (VFC) program funded 
     through the Medicaid program includes $1,208,296,000 in 
     vaccine purchases and distribution support in fiscal year 
     2005, for a total immunization program level of 
     $1,678,291,000.
       Included in the amount provided is $414,796,000 for the 
     section 317 program, and $67,993,000 for immunization program 
     operations, including $5,000,000 to continue and expand the 
     Surveillance, Preparedness, Awareness, and Response System.


                            Health Promotion

       The conference agreement includes $1,032,802,000 for Health 
     Promotion, instead of $993,802,000 as proposed by the House 
     and $988,090,000 as proposed by the Senate.
     Chronic Disease Prevention, Health Promotion, and Genomics
       Within the amount for Health Promotion, the conference 
     agreement includes $907,159,000 for chronic disease 
     prevention and health promotion instead of $873,936,000 as 
     proposed by the House and $864,195,000 as proposed by the 
     Senate. Programs within this account are funded at the 
     following amounts:
       $45,000,000 for Heart Disease and Stroke, $3,372,000 over 
     fiscal year 2004;
       $312,357,000 for Cancer Prevention and Control, $18,532,000 
     over fiscal year 2004;
       $64,000,000 for Diabetes activities, $4,043,000 over fiscal 
     year 2004;
       $22,680,000 for Arthritis and Other Chronic Diseases, 
     $658,000 over fiscal year 2004;
       $105,239,000 for Tobacco activities, an increase of 
     $15,000,000 to sustain the same program level as fiscal year 
     2004;
       $42,289,000 for Nutrition/Physical Activity, $3,000,000 
     over fiscal year 2004;
       $21,820,000 for Community Health Promotion, $1,200,000 over 
     fiscal year 2004;
       $57,232,000 for School Health, the same as fiscal year 
     2004;
       $45,121,000 for Safe Motherhood/Infant Health, the same as 
     fiscal year 2004;
       $11,300,000 Oral Health, $657,000 over fiscal year 2004;
       $59,298,000 for the Childhood Obesity Prevention Program, 
     Verb;
       $29,944,000 for Prevention Centers, $5,000,000 over fiscal 
     year 2004; and
       $47,000,000 for the Steps to a Healthier U.S., $5,739,000 
     over fiscal year 2004.
       In addition, the agreement includes the following amounts 
     for the initiatives below as outlined in the Senate report:
       $1,600,000 for Alzheimer's Disease activities;
       $750,000 for Inflammatory Bowel Disease activities;
       $700,000 for Interstitial Cystitis activities; and
       $1,500,000 for Pioneering Healthy Communities.
       Within the amount provided for Cancer Prevention and 
     Control the following is provided above the fiscal year 2004 
     level:
       $9,000,000 for the Breast and Cervical Cancer Screening 
     Program;
       $2,476,000 for Cancer Registries;
       $1,000,000 for Colorectal Cancer;
       $4,855,000 for Comprehensive Cancer;
       $100,000 for Ovarian Cancer;
       $100,000 for Prostate Cancer;
       $100,000 for Skin Cancer, and
       $900,000 for cancer survivorship as outlined in the Senate 
     report.
       The conference agreement also includes $4,625,000 for the 
     Geraldine Ferraro Cancer Education Program.
       The conferees are agreed that the ratio of funds spent on 
     activities authorized as part of the Breast and Cervical 
     Cancer Screening Program should continue in the manner 
     consistent with the ratio applicable in fiscal year 2004.
       Within the amounts available for Arthritis and Other 
     Chronic Diseases, the agreement provides an increase over 
     fiscal year 2004 of $405,000 for the expansion of State-based 
     arthritis programs and collaborations with the relevant 
     voluntary health organizations and of $253,000 to enhance 
     epilepsy efforts, in partnership with a national non-profit 
     organization that works on behalf of children and adults 
     affected by seizures. In addition, $950,000 is available 
     within Arthritis and Other Chronic Diseases to continue 
     support for the National Lupus Patient Registry.
       Within amounts provided for Community Health Promotion: 
     $7,707,000 is available to support and expand the Behavioral 
     Risk Factor Surveillance Systems, as outlined in the Senate 
     report; $6,037,000 is for health promotion; $3,586,000 
     ($250,000 above fiscal year 2004) is provided for continuing 
     and expanding a model project that is testing and evaluating 
     the efficacy of glaucoma screening using mobile units; 
     $2,516,000 ($250,000 above fiscal year 2004) is for the 
     national vision screening and education program; and 
     $1,974,000 is for the Mind-Body Medical Institute in Boston, 
     Massachusetts to continue practice-based assessments, 
     identification, and study of promising and heavily-used mind/
     body practices.
       The conferees applaud the CDC's commitment to continuing 
     partnership with the Dr.

[[Page H10650]]

     James West Health Clinic in Chicago, IL in order to measure 
     the effectiveness of integrating a chronic disease management 
     model within a substance abuse treatment program.
       Within the increase of $5,000,000 provided for Prevention 
     Research Centers, the conferees intend that CDC ensure that 
     all centers funded in fiscal year 2004 will continue to 
     receive funding in fiscal year 2005.
       The conferees commend CDC on its efforts to promote 
     physical activity among children. In addition to regular 
     physical activity, sound nutrition and healthy eating are 
     important components of good health. The conferees encourage 
     CDC to examine its current activities focused on children and 
     develop options for expanding work related to promoting 
     better nutrition and healthy eating among children. The 
     conferees request that the CDC be prepared to report its 
     findings during the fiscal year 2006 budget hearings.
     Birth Defects
       Within the amount available for Health Promotion, the 
     conference agreement includes $125,643,000 for birth defects, 
     developmental disabilities, disability and health instead of 
     $119,866,000 as proposed by the House and $123,895,000 as 
     proposed by the Senate.
       Within the total, the following amounts are provided for 
     the specified activities above the comparable amount for 
     fiscal year 2004:
       $1,758,000 to expand autism surveillance and education 
     activities;
       $250,000 to expand activities related to Fetal Alcohol 
     Syndrome;
       $250,000 to expand activities related to Folic Acid;
       $657,000 to expand the National Spina Bifida program, 
     including $200,000 to create a National Spina Bifida 
     Clearinghouse and Resource Center;
       $500,000 to expand the CDC's public health education and 
     research partnership with the Tourette Syndrome Association;
       $1,500,000 to expand surveillance and epidemiological 
     efforts of Duchenne and Becker muscular dystrophy, including 
     $500,000 to begin a coordinated education and outreach 
     initiative through the Parent Project Muscular Dystrophy;
       $1,394,000 to expand support for the Special Olympics 
     Healthy Athletes Initiative;
       $819,000 to continue and expand programs that translate 
     clinical rehabilitation programs, including $500,000 to 
     increase demonstration programs with the Christopher Reeve 
     Paralysis Foundation;
       $1,000,000 to expand the work of the Centers for Birth 
     Defects Research and Prevention and the National Foundation 
     for Facial Reconstruction related to craniofacial 
     malformation;
       $99,000 to expand the activities related to thalassemia 
     blood safety surveillance; and
       $170,000 to expand the work of the Attention Deficit 
     Resource Centers.
       In addition, the agreement includes the following amounts 
     for the new initiatives below as outlined in either the House 
     or Senate reports:
       $1,000,000 to expand and support studies related to Down 
     Syndrome;
       $900,000 to expand activities related to Fragile X;
       $900,000 to support the development of pilot projects to 
     expand existing birth defect surveillance systems to include 
     fetal death data at the Iowa Department of Health and the 
     Metropolitan Atlanta Congenital defects Program; and
       $550,000 to establish a public health outreach and 
     surveillance program for Diamond Blackfan anemia.


                     Health Information and Service

       The conference agreement includes $95,247,000 for Health 
     Information and Service, instead of $96,523,000 as proposed 
     by the House and $96,449,000 as proposed by the Senate. In 
     addition, $134,235,000, to be derived from section 241 
     evaluation set aside funds, is included to carry out National 
     Center for Health Statistics surveys, Public Health 
     Informatics evaluations, and health marketing evaluations.
       Within the amount provided, the conference agreement 
     includes $109,021,000 for the National Center for Health 
     Statistics.


               Environmental Health and Injury Prevention

       The conference agreement includes $288,168,000 for 
     Environmental Health and Injury Prevention activities, 
     instead of $287,327,000 as proposed by the House and 
     $290,126,000 as proposed by the Senate.
     Environmental Health
       Within the funds available for Environmental Health and 
     Injury Prevention, the conference agreement includes 
     $148,747,000 for environmental health instead of $148,859,000 
     as proposed by the House and $148,958,000 as proposed by the 
     Senate.
       Within the total:
       $27,800,000 is for the environmental health laboratory, 
     $690,000 above fiscal year 2004;
       $51,461,000 is for environmental health activities 
     (including an increase over fiscal year 2004 of $500,000 for 
     both the Environmental and Health Outcome Tracking Network 
     and the physician education and public awareness program for 
     primary immune deficiency disease as implemented by the 
     Jeffrey Modell Foundation);
       $32,700,000 is for asthma, $599,000 over fiscal year 2004; 
     and
       $36,786,000 is for childhood lead poisoning, the same as 
     fiscal year 2004.
     Injury Control
       Within the funds provided for Environmental Health and 
     Injury Prevention, the conference agreement includes 
     $139,421,000 for injury control, instead of $138,468,000 as 
     proposed by the House and $141,168,000 as proposed by the 
     Senate.
       Within the total provided:
       $104,021,000 is for intentional injury prevention 
     activities, including increases above fiscal year 2004 of: 
     $342,000 to extend implementation of the National Violent 
     Death Reporting System, $466,000 to expand child maltreatment 
     prevention activities, $1,000,000 to expand rape prevention 
     and education activities, including funding for the National 
     Resource Center on Sexual Assault at the statutory maximum, 
     and $479,000 to increase support for other intentional injury 
     programs; and
       $35,400,000 is for unintentional injury prevention 
     activities, including an increase over fiscal year 2004 of 
     $515,000 for the Traumatic Brain Injury prevention program. 
     In addition, sufficient funds are included to continue 
     support for all existing Injury Control Research Centers.


                     Occupational Safety and Health

       The conference agreement provides a total program level of 
     $287,745,000 for occupational safety and health, instead of 
     $280,186,000 as proposed by the House and $294,587,000 as 
     proposed by the Senate. Within that amount, $87,071,000 is 
     available to carry out research tools and approaches 
     activities within the National Occupational Research Agenda 
     (NORA) to be derived from section 241 evaluation set-aside 
     funds.
       The conferees concur in the directives in the Senate report 
     regarding the NIOSH reporting relationship with the Director 
     of CDC, their operating procedures, and organizational 
     structure.
       Within the total provided:
       $1,500,000 above the fiscal year 2004 level is for the 
     Education and Research Centers to expand research activities 
     in support of implementation of NORA;
       $1,400,000 above the fiscal year 2004 level is for the 
     National Personal Protective Technologies Laboratory;
       $4,258,000 above the fiscal year 2004 level is for the 
     NIOSH in-house mining research program; and
       $2,000,000 above the fiscal year 2004 level is for the 
     National Occupational Research Agenda (NORA).
       The conferees recognize the important role of the sixteen 
     Education and Research Centers in providing research training 
     for occupational health and safety professionals and do not 
     believe that funds should be diverted from training 
     activities to support other research.


                             Global Health

       The conference agreement provides $296,380,000 for Global 
     Health activities, instead of $302,051,000 as proposed by the 
     House and $305,239,000 as proposed by the Senate.
       Within the total:
       $124,882,000 is for Global HIV/AIDS, the same comparable 
     amount as fiscal year 2004;
       $138,300,000 is for Global Immunization, including an 
     increase over fiscal year 2004 of $262,000 for Polio 
     Eradication and $135,000 for other global immunization 
     activities; and
       $21,609,000 is for Global Disease Detection, an increase of 
     $10,000,000 over fiscal year 2004.
       The conferees encourage the Director to review the 
     proposals submitted in response to CDC's program announcement 
     regarding the Rapid Expansion of Antiretroviral Therapy 
     Programs for HIV-Infected Persons in Selected Countries in 
     Africa and the Caribbean under the President's Emergency Plan 
     for AIDS Relief and consider giving priority to those 
     applications deemed meritorious, but which did not receive 
     funding in fiscal year 2004, when awarding funds in fiscal 
     year 2005.


                         Public Health Research

       The conference agreement includes $31,000,000, to be 
     derived from section 241 evaluation set-aside funds, for 
     Public Health Research, instead of $29,583,000 as proposed by 
     the House and $35,000,000 as proposed by the Senate.
       The conferees intend that funds within public health 
     research be made available to cover fiscal year 2005 
     continuation costs associated with the extramural prevention 
     research program.


                Public Health Improvement and Leadership

       The conference agreement includes $269,145,000 for Public 
     Health Improvement and Leadership instead of $199,775,000 as 
     proposed by the House and $261,858,000 as proposed by the 
     Senate.
       Within the total, $8,000,000 is included for a Director's 
     Discretionary Fund to support activities deemed by the 
     Director as having high scientific and programmatic priority 
     and to respond to emergency public health requirements. The 
     conferees concur with language in the Senate report regarding 
     the Director's authority to reallocate management savings to 
     the Director's Discretionary Fund upon notification of the 
     Committees on Appropriations in the House and Senate.
       The conference agreement includes $180,114,000 for 
     Leadership and Management, instead of $179,682,000 as 
     proposed by the House and $179,977,000 as proposed by the 
     Senate.
       The conference agreement includes $1,000,000 for the 
     Institute of Medicine to conduct a study that includes 
     recommendations regarding appropriate nutritional standards 
     for the availability, sale, content,

[[Page H10651]]

     and consumption of food at school, with particular attention 
     given to foods offered in competition with federally-
     reimbursed meals and snacks.
       The conference agreement includes $500,000 to continue the 
     Comprehensive Assessment of Rural Health in Iowa (CARHI), in 
     conjunction with the Iowa Department of Public Health.
       The conference agreement includes the following amounts for 
     the following projects and activities in fiscal year 2005:

Access Community Health Network, Chicago, IL for programs related to 
  prevention and control of chronic diseases...................$500,000
Advocate Health Care, Oak Brook, IL for an initiative to reduce asthma 
  morbidity and mortality among at-risk populations in the Chica175,000
Alaska Lung Association, Anchorage, AK with the Asthma and Allergy 
  Foundation of Alaska and the Alaska Native Health Board for programs 
  to prevent lung diseases stemming from tobacco................500,000
Alivio Medical Center, Chicago, IL, for services related to prevention 
  and control of chronic diseases...............................300,000
All Children's Hospital, Inc., St. Petersburg, FL, for an Obesity 
  Education Project.............................................300,000
Alliance of AIDS Services-Carolina, Raleigh, NC for a peer-led 
  secondary prevention program targeting people living with HIV.100,000
Alliance of Pennsylvania Councils, Camp Hill, PA for a weight 
  management program............................................200,000
Alpha Community Ambulance Services, Inc., State College, PA for 
  bioterrorism preparedness.....................................100,000
Alzheimer's Association of the Delaware Valley, Philadelphia, PA to 
  increase community awareness of Alzheimer's...................100,000
American Cancer Society--Southwest Region, Pittsburgh, PA for a living 
  with cancer program............................................25,000
American Trauma Society, Upper Marlboro, MD, for a Survey Project on 
  Communicating with Trauma Victims and their Families..........550,000
American Vitiligo Research Foundation (AVRF), for education and 
  awareness programs............................................100,000
American-Italian Cancer Foundation, New York, NY for mobile breast 
  cancer screening (including upgrades to a mammography van)....100,000
Baltimore City Health Department, Baltimore, MD for HIV/STD prevention 
  programs......................................................340,000
Battelle, Inc., Columbus, OH, to assess the Pennsylvania agriculture 
  industry readiness against agriculture terrorism and develop a 
  prevention and response plan in coordination with Penn State 
  University....................................................100,000
Bayview Hunters Point Health and Environmental Resource Center, San 
  Francisco, CA for education and outreach programs regarding asthma 
  and cancer....................................................150,000
Benedictine University, Lisle, IL, for a Public Safety Education 
  Initiative for DuPage and Kendall Counties, IL..............2,000,000
Benton County Jail, Benton County, AR, for a UV Germicidal Disinfection 
  Unit...........................................................50,000
Bergen Community Regional Blood Center, Paramus, NJ, for a 
  demonstration program..........................................70,000
Beth Israel Medical Center, New York, NY for rape prevention and 
  intervention services at its Rape Crisis Intervention Center..200,000
Black Hills State University for the West River Task Force on Fetal 
  Alcohol Syndrome..............................................300,000
Boys and Girls Clubs of San Dieguieto, San Diego, CA, for a Health 
  Lifestyle Program.............................................100,000
Bucks County EMA, Ivyland, PA to upgrade equipment and provide training 
  for bioterrorism preparedness.................................100,000
Butler County Community College, Butler, PA for bioterrorism 
  preparedness training..........................................25,000
California State University, Fullerton, College of Human Development 
  and Community Service, for programs aimed at preventing obesity and 
  promoting health for children.................................400,000
Cascade AIDS, Portland, OR, to implement the Working Choices Proj50,000
Center for Integration of Medicine and Innovative Technology, 
  Cambridge, MA for a Facility Airborne Biological Toxin Alarm S500,000
Center for International Rehabilitation for the Disability Rights 
  Monitor.......................................................500,000
Center for Mind Body Medicine, Washington, D.C., to train health and 
  mental health professionals in treating war and terrorism related 
  trauma in the U.S. and abroad.................................100,000
Center for Nonproliferation Studies, Monterey, CA, for maintenance and 
  expansion of the Monterey WMB Terrorism Database..............750,000
Center in the Park, Philadelphia, PA for health education, screening, 
  wellness programs and other services to reduce the burden of chronic 
  disease among senior citizens.................................150,000
Chattahoochee Valley Community College, Phenix City, AL, for first 
  responder training............................................100,000
Chattanooga Health and Performance Institute, University of Tennessee 
  at Chattanooga, Chattanooga, TN...............................400,000
Citizens Against Toxic Exposure in Pensacola, Florida to continue 
  outreach efforts..............................................100,000
City of Charlotte, NC, for Charlotte ALERT bioterrorism surveillance 
  activities....................................................250,000
City of Waterloo, Iowa, for expansion of Fire PALS, a school-based 
  injury prevention program.....................................450,000
Clarion University, Clarion, PA to create the Pennsylvania Smoking 
  Cessation and Prevention Campaign.............................250,000
Cleveland State University for training first responders........500,000
College of New Rochelle, New Rochelle, NY for development and 
  dissemination of preventive health educational materials......200,000
Commission on Economic Opportunity, Wilkes-Barre, PA to support the 
  Weinberg Northeast Regional Nutrition Program for nutrition edu25,000
Community College Foundation, Sacramento, CA, for the ePassport foster 
  child health and education data tracking program..............500,000
Community Health Centers in Hawaii for the Childhood Rural Asthma 
  Project.......................................................150,000
Community Health Partnership, San Jose, CA for breast cancer screening 
  and referral services to low-income, medically underserved wom300,000
CommunityHealth in Chicago, IL for continuation of health-related 
  programs......................................................100,000
Comprehensive Cancer Center of the Ohio State University, Columbus, OH, 
  for the Center for Health Disparities.........................150,000
Dan River Cardiovascular Health Initiative Program, Danville, VA.25,000
Delaware County Emergency Services, PA for a bioterrorism preparedness 
  program........................................................25,000
Delta Health Alliance, Stoneville, MS for continuation of multi-partner 
  effort to address health disparities in the Delta...........2,000,000

[[Page H10652]]

Department of Obstetrics and Gynecology, Drexel University College of 
  Medicine, Philadelphia, PA, for prenatal care.................300,000
District of Columbia Department of Health, for monitoring of residents' 
  exposure to lead, including blood testing and environmental 
  assessments...................................................200,000
Domestic Violence Coalition, Harrisburg, PA for a domestic violence 
  database......................................................300,000
East Los Angeles Community Union (TELACU) Education Foundation, Los 
  Angeles, CA, to address healthcare epidemic by implementing a 
  bilingual outreach program....................................100,000
Eastern Maine Healthcare, Bangor, ME, for chronic disease management at 
  the Institute for Medical Improvement (IMI)...................300,000
Eastside Healthcare of Chicago Heights Foundation, Chicago Heights, IL 
  for implementation of an asthma outreach program in schools...125,000
Emory University, Atlanta, GA for the Southeastern Center for Emerging 
  Biologic Threats..............................................100,000
Food Allergy & Anaphylaxis Network, Fairfax, VA to raise public 
  awareness of food allergies...................................250,000
Food for Fuel, Washington, DC to implement their F3 nutritional 
  education program.............................................100,000
Friends of the Congressional Glaucoma Caucus Foundation, Lake Success, 
  NY for eye screening in Southwest Texas.......................500,000
Georgia Rural Water Association, Barnesville, GA, for the National 
  Fluoridation Training Institute................................75,000
Giant Steps Illinois, Inc., Burr Ridge, IL, to support and expand the 
  Autism Center of Excellence...................................100,000
Gilda's Club South Jersey, Atlantic City, NJ, to expand outreach 
  programs.......................................................50,000
Golden Gate National Parks Conservancy, San Francisco, CA.......150,000
Haitian American Association Against Cancer, Miami, FL for cancer 
  education, outreach, screening and related programs...........240,000
Health Care Improvement Foundation, Philadelphia, PA for a public 
  health/bioterrorism disaster communications project...........100,000
Health Choice Network, Miami, FL for the Jessie Trice Cancer prevention 
  project.......................................................350,000
Health Improvement Collaborative of Greater Cincinnati, Cincinnati, OH, 
  for a On The Move Initiative..................................100,000
Health Services Partnership of Dorchester, MA for outreach, education 
  and prevention services related to conditions such as obesity, 
  diabetes, heart disease and cancer............................450,000
Home Safety Council, Washington, DC, for a national injury prevention 
  education program targeting youth..............................50,000
Hult Health Education Center, Peoria, IL.........................75,000
Illinois State University, Normal, IL, for a Physical Education Obesity 
  Prevention and Lifestyle Enhancement (PEOPLE) program.........125,000
Inner Harmony Foundation and Wellness Center, Clark Summit, PA for a 
  community health program......................................250,000
International Species Information System, Eagan, MN.............500,000
Iowa Department of Public Health to initiate the Harkin Wellness Grant 
  program.....................................................3,000,000
Iowa Games to continue the Lighten Up Iowa program..............200,000
Iowa Health Foundation to continue a pilot program on chronic disease 
  management....................................................400,000
Iowa State University, Ames, IA for the Center for the Study of 
  Violence to identify factors that contribute to the development of 
  violence-prone individuals....................................155,000
Iron Disorders Institute, Hershey, PA to establish a joint Center for 
  the Study of BioMetals in Health and Disease with special emphasis on 
  iron-related disorders........................................250,000
Jaisohn Center, Philadelphia, PA for diabetes management and other 
  health programs...............................................100,000
James Whitcomb Riley Hospital for Children, Indianapolis, IN, for 
  continuation of autism programs at the Christian Sarkine Autism 
  Treatment Center..............................................200,000
John B. Amos Cancer Center, Columbus Regional Healthcare System, 
  Columbus, GA, for cancer education and early detection program250,000
Kansas City Free Health Clinic, Kansas City, MO to establish a chronic 
  disease management program....................................125,000
Kansas State University, Manhattan, KS, for the Youth Obesity 
  Prevention Initiative.........................................250,000
Karmanos Cancer Institute, Detroit, MI, for cancer prevention and 
  research....................................................1,000,000
Kids Kicking Cancer, Birmingham, MI.............................500,000
Kids Kicking Cancer, Birmingham, MI, to initiate the ``Kids Kicking 
  Cancer'' program in Pennsylvania...............................25,000
Kirkwood Community College, Cedar Rapids, IA for the National Mass 
  Fatalities Institute..........................................100,000
La Rabida Children's Hospital, Chicago, IL for diabetes programs for 
  children and families.........................................150,000
Lance Armstrong Foundation, Austin, TX in collaboration with the 
  Abramson Cancer Center at the University of Pennsylvania, 
  Philadelphia, PA for the Living Well After Cancer program.....100,000
Lance Armstrong Foundation, Austin, TX, for a Lance Armstrong 
  Foundation Survivorship Center................................100,000
Lehigh Carbon Community College, Schnecksville, PA for a bioterrorism 
  preparedness program...........................................25,000
L'Garde, Inc., Tustin, CA for bioterrorism technology developmen400,000
Livingston Parish Government, Denham Springs, LA, for a Healthy People 
  2010 Project..................................................100,000
Marin County Health and Human Services Department, San Rafael, CA for 
  research and analysis related to breast cancer incidence and 
  mortality in the county.......................................440,000
Marion County, OR to develop Disease Prevention and Education Pro50,000
Medical Center Blount, Oneonta, AL, for an immunization program..20,000
Medical Institute for Sexual Health (MISH), Austin, TX, for the 
  development of curricula for medical students and primary care 
  residents related to sexual health............................200,000
Memorial Hermann Baptist Hospitals of Southeast Texas, Julie and Ben 
  Rogers Cancer Center, Beaumont, TX to expand cancer screening 
  services......................................................400,000
MIRA, Bloomfield Hills, MI.......................................50,000
Montgomery County Department of Public Safety, Eagleville, PA for a 
  bioterrorism preparedness program..............................50,000
National Center for Early Defibrillation, Pittsburgh, PA for 
  educational outreach...........................................25,000
National Childhood Cancer Foundation, Bethesda, MD, to provide 
  information and assistance to families impacted by childhood1,500,000
National Children's Cancer Society, St. Louis, MO for the Beyond the 
  Cure cancer survivorship program............................1,000,000

[[Page H10653]]

National Foundation for Trauma Care, Irvine, CA to conduct a study on 
  the impact a terrorist attack would have on trauma centers....150,000
National Nursing Centers Consortium, Philadelphia, PA for the Lead Safe 
  Babies program.................................................75,000
National Student Assistance Association, Washington, DC to study the 
  efficacy of Student Assistance Programs in providing a mechanism to 
  connect students in need of mental health and substance abuse 
  services in coordination with the University of Pittsburgh....100,000
Nevada Cancer Institute to create the Lance Armstrong Foundation Cancer 
  Survivorship Center...........................................250,000
New England Coalition on Health Promotion and Disease Prevention, 
  Providence, RI, for the New England obesity initiative diagnostic 
  study..........................................................50,000
New York Methodist Hospital, Brooklyn, NY for its Patient Follow-up 
  Coordinator Program to reduce barriers to compliance with treatment 
  among cardiac patients from medically underserved populations.150,000
New York University for the advancement of the design and function of 
  cochlear implants.............................................200,000
North Shore AIDS Health Project, Gloucester, MA for programs related to 
  prevention and control of hepatitis...........................150,000
Northeast Regional Cancer Institute, Scranton, PA for cancer screening 
  evaluation....................................................100,000
Ophelia Project, Erie, PA, to develop an educational curriculum, in 
  collaboration with Pennsylvania State University, to address issues 
  of anorexia and bulimia facing adolescent girls................50,000
Oral Vaccine Institute in Las Vegas, Nevada for the development of 
  innovative vaccine delivery alternatives......................900,000
Orange County Council of Government, Santa Ana, CA, for a Healthy 
  Waterways Initiative..........................................200,000
Orange County Fire Authority, Orange, CA, for a public safety and 
  education center..............................................150,000
Partnership for Food Safety Education, Washington, DC, for the FightBAC 
  campaign......................................................200,000
Pegasus Research Foundation, Little Rock, AR for a bioterrorism and 
  disaster communications project in Minnesota..................100,000
Pennsylvania Breast Cancer Coalition, Ephrata, PA to expand and enhance 
  their breast cancer guide book.................................50,000
Pennsylvania Chapter of the American College of Emergency Physicians, 
  Harrisburg, PA to study the roles of emergency physicians as safety 
  net providers.................................................200,000
Pennsylvania Homecare Association, Lemoyne, PA to launch a pilot 
  project in the state of PA to demonstrate how homecare resources can 
  be used for disease management of chronically ill patients....150,000
Philadelphia Department of Public Health, Philadelphia, PA for a health 
  alert network.................................................150,000
Pittsburgh Life Science Greenhouse, Pittsburgh, PA for clinical trial 
  planning......................................................200,000
Pittsburgh Public Schools, Pittsburgh, PA with the Pittsburgh School of 
  Dentistry to develop a pilot oral health project...............50,000
Pocono Health Communities Alliance, Stroudsburg, PA to provide a health 
  and human service information and referral program............100,000
Positive Effect Outreach Ministry, Philadelphia, PA to implement a HIV 
  outreach and screening program................................100,000
Pregnancy Crisis Center, Wichita, KS, for facilities and equipmen80,000
Prevent Blindness North Carolina, Raleigh, NC for vision screening for 
  preschool children............................................225,000
Prince George's County Department of Health, Upper Marlboro, MD for 
  diabetes prevention and education programs targeted to reducing 
  diabetes-related health disparities...........................330,000
Provena Mercy Center, Aurora, IL, for diabetes education and pre750,000
Public Health Research Institute, Newark, NJ to implement Phase III 
  Deployment of an electronic surveillance and alert system to produce 
  real-time local and regional data.............................100,000
S.A.F.E. Inc., Wilkes-Barre, PA for autism outreach.............250,000
SafeMinds, Cranford, NJ.........................................200,000
Saint Joseph's University, Philadelphia, PA for their anti-obesity 
  program.......................................................700,000
Saint Louis Children's Hospital, St. Louis, MO to establish a patient 
  database to investigate the natural history of children with tuberous 
  sclerosis complex.............................................100,000
San Antonio Metropolitan Health District, San Antonio, TX for a health 
  assessment of exposure to environmental contaminants at and near the 
  former Kelly Air Force Base...................................320,000
Save a Life Foundation (SALF), Schiller Park, IL to expand SALF's for 
  first aid training............................................500,000
Schneider's Children Hospital, New Hyde Park, NY for comprehensive 
  Diamond Blackfan Anemia awareness and surveillance............250,000
Self Reliance Foundation, Washington, DC for the Hispanic national 
  health communications initiative..............................500,000
Silent Spring Institute, Newton, MA for studies of the impact of 
  environmental pollutants on breast cancer and women's health..350,000
Sister to Sister--Everyone Has a Heart Foundation to increase women's' 
  awareness of heart disease, Washington, DC....................550,000
Sixteenth Street Community Health Center in Milwaukee, WI to expand the 
  Community-Based Asthma Institute..............................350,000
Slippery Rock University, Slippery Rock, PA, for the Center on 
  Disability and Health to promote and encourage regular physical 
  activity......................................................125,000
South Central Family Health Center, Los Angeles, CA for women's health 
  outreach, education, and screening services...................150,000
Southeastern Center for Emerging Biologic Threats, Atlanta, GA..568,000
Southern AIDS Commission, Inc., Greenville, MS to provide HIV/AIDS 
  education, prevention, and treatment programs and services....105,000
Spelman College, Atlanta, GA for its Health and Wellness Initiative for 
  college-age women.............................................450,000
Spinal Muscular Atrophy Foundation, New York, NY for SMA education and 
  awareness for patients and health professionals...............500,000
State Information Technology Consortium, Herndon, VA to create a web-
  based Center for Reducing Medical Errors......................300,000
State of Alaska Department of Health and Social Services, Juneau, AK 
  for an Injury Prevention Program..............................250,000
State of Alaska Department of Health and Social Services, Juneau, AK 
  for an Obesity Prevention and Control program.................500,000

[[Page H10654]]

State of Alaska Department of Health and Social Services, Juneau, AK 
  for tuberculosis detection and control........................500,000
Stephen F. Austin State University, Nacogdoches, TX for anti-viral 
  compound identification.......................................600,000
Stone Soup Group, Anchorage, AK for services to disabled children and 
  their families, focusing on FAS/FAE children..................100,000
Susan P. Byrnes Health Education Center, Inc., York, PA to address the 
  National Obesity Epidemic among school children................70,000
Swope Health Services, Kansas City, MO for a Pediatric Screening and 
  Intervention Project........................................1,000,000
Tangipahoa Parish Mosquito Abatement District #1, Hammond, LA...100,000
Telacu Education Foundation, CA, for a bilingual outreach program on 
  diabetes......................................................700,000
Texas A&M University Texas Engineering Extension Service (TEEX), 
  College Station, TX to develop a bioterrorism preparedness pro250,000
The Cooper Institute, Dallas, TX to expand the Texas on the Move 
  services......................................................100,000
Tioga County Partnership for Community Health, Wellsboro, PA for their 
  anti-obesity community based after school health promotion pro100,000
Toledo Children's Hospital, Toledo, OH for health promotion and risk 
  prevention programs targeted to teenagers......................50,000
University of Alaska Statewide Office, Fairbanks, AK to continue to 
  develop and implement its statewide health agenda...........1,000,000
University of Connecticut, Storrs, CT to develop and implement 
  strategies to reduce deaths, complications and hospitalizations 
  resulting from respiratory illness among older adults.........350,000
University of Findlay, Findlay, OH, for facilities and equipment for 
  the Center for Terrorism Preparedness.........................500,000
University of Hawaii for the Public Health Program..............100,000
University of Kentucky, Lexington, KY for the Medication Use Decision 
  Support Center for a program to improve medication-related o1,000,000
University of Louisville, Louisville, KY Chronic Disease Management 
  Education Program in Cancer...................................300,000
University of Louisville, Louisville, KY for the Cancer 
  Agripharmaceutical Institute..................................450,000
University of Louisville, Louisville, KY for the Computational Biology 
  Project in Oral Health........................................500,000
University of Miami School of Medicine, Miami, FL, for culturally 
  sensitive training on disasters in the Hispanic community.....600,000
University of North Carolina at Chapel Hill, Chapel Hill, NC with East 
  Carolina University, Greenville, NC for the Program in Racial 
  Disparities in Cardiovascular Disease.........................500,000
University of North Carolina at Chapel Hill, for analysis of genomic 
  data on racial disparities in cardiovascular disease..........225,000
University of North Dakota Energy and Environmental Research Center for 
  research into the health impact of pesticides.................500,000
University of North Texas Health Science Center at Fort Worth, TX, for 
  diabetes prevention and control...............................800,000
University of Northern Iowa for the National Program for Playground 
  Safety........................................................300,000
University of Northern Iowa, Cedar Falls, IA to support youth fitness 
  and obesity efforts in rural preschool children...............235,000
University of Notre Dame, Notre Dame, IN, for research in areas of 
  acute care, disability, and rehabilitation at the Notre Dame Center 
  for Orthopedic Research and Engineering.......................350,000
University of Oklahoma Health Sciences Center, Oklahoma City, OK, to 
  establish a developmental center for injury prevention researc100,000
University of Pittsburgh Medical Center, Pittsburgh, PA for 
  bioterrorism preparedness.....................................100,000
University of Pittsburgh Medical Center, Pittsburgh, PA for the 
  Pennsylvania Cancer Control Consortium and UPMC Cancer Pavilion, to 
  develop a clinical research and clinical trials network.......200,000
University of Texas Health Science Center at San Antonio, San Antonio, 
  TX, for Asthma Demonstration Project........................1,750,000
University of Texas Houston Health Science Center, School of Public 
  Health, Brownsville, TX for studies regarding the health of the 
  Hispanic population in the Lower Rio Grande Valley............500,000
University of Texas, Austin, Texas for the Bio-Chem initiative...50,000
University of Texas, M.D. Anderson Cancer Center, Houston, TX for a 
  comprehensive cancer control program to address the needs of minority 
  and medically underserved populations.........................500,000
University of West Florida for the Partnership for Environmental 
  Research and Community Health.................................200,000
University of Wisconsin-Extension in Madison, WI for the Parent 
  Education to Prevent Childhood Obesity program................150,000
USA Stars Cultural Exchange and Diversity Training: Alcohol and Obesity 
  Education Through Sport with Oklahoma Judo, OK................125,000
Vermont Oxford Network of Burlington, VT to expand neonatal health care 
  quality and safety initiatives................................275,000
Visiting Nurse Associations of America, Boston, MA for a home health 
  care best practices clearinghouse.............................200,000
Vitiligo Support International, Inc., Encino, CA, for education and 
  awareness programs............................................200,000
Washington Hospital, Washington, PA to implement their Health and 
  Wellness Program...............................................25,000
Wayne County Department of Public Health, Detroit, MI, for a Maternal 
  Child Outreach, Coordination and Advocacy Program.............100,000
West Jefferson Medical Center, Marrero, LA......................150,000
West Side Ecumenical Ministry, Cleveland, OH for a youth health and 
  wellness project addressing the problem of teenage obesity....140,000
Wholistic Family Agape Ministries Institute, Alexandria, VA for HIV/
  AIDS education and prevention and related programs.............75,000
Yale New Haven Health System, to establish a specialty center for 
  public health preparedness....................................450,000
YMCA of Bradford County, Towanda, PA, for fitness equipment......25,000


                 Preventive Health Services Block Grant

       The conference agreement includes $131,814,000 for the 
     Preventive Health Services Block Grant, the same as proposed 
     by the Senate. The House bill included $108,516,000 for the 
     block grant.


                       Business Services Support

       The conference agreement includes $281,226,000 for Business 
     Services Support, instead of $286,013,000 as proposed by the 
     House and $282,226,000 as proposed by the Senate. The 
     agreement does not include an additional $33,953,000, to be 
     derived from section 241 evaluation set-aside funds, as 
     proposed by the House.
       The conferees concur with language in the Senate report 
     regarding the Director's authority to reallocate savings that 
     result

[[Page H10655]]

     from efficiencies gained in business services support to the 
     Director's Discretionary Fund upon notification of the 
     Committees on Appropriations in the House and Senate.
       The conferees request that the Director submit a report to 
     the House and Senate Committees on Appropriations within 60 
     days of enactment showing, for fiscal years 2004 and 2005, 
     the actual or planned division of funding between intramural 
     and extramural programs for each budget activity and sub-
     activity. For those activities where funding is provided to 
     state and local health departments through general 
     cooperative agreements (such as many chronic disease 
     programs, or tuberculosis or STD control), the report should 
     also show the division of extramural funding between these 
     cooperative agreements and other extramural programs.
       The conferees also request that CDC include no less detail 
     than provided in past years in the Justification of Estimates 
     for the Appropriations Committees accompanying the budget for 
     fiscal year 2006, including the functional tables for each 
     budget activity, the mechanism table by activity, and the 
     crosswalks of funding between programs and CDC organizations.

                     National Institutes of Health


                       National Cancer Institute

       The conference agreement includes $4,865,525,000 for the 
     National Cancer Institute instead of $4,870,025,000 as 
     proposed by the House and $4,894,900,000 as proposed by the 
     Senate.


                National Heart, Lung and Blood Institute

       The conference agreement includes $2,965,453,000 for the 
     National Heart, Lung and Blood Institute instead of 
     $2,963,953,000 as proposed by the House and $2,985,900,000 as 
     proposed by the Senate.


         National Institute of Dental and Craniofacial Research

       The conference agreement includes $395,080,000 for the 
     National Institute of Dental and Craniofacial Research 
     instead of $394,080,000 as proposed by the House and 
     $399,200,000 as proposed by the Senate.


    National Institute of Diabetes and Digestive and Kidney Diseases

       The conference agreement includes $1,727,696,000 for the 
     National Institute of Diabetes and Digestive and Kidney 
     Diseases instead of $1,726,196,000 as proposed by the House 
     and $1,739,100,000 as proposed by the Senate. An amount of 
     $150,000,000 is also available to the Institute through a 
     permanent appropriation for juvenile diabetes.
       The conferees understand that study of Diamond Blackfan 
     Anemia (DBA), may lead to important strides in research 
     important to NIDDK, especially relating to red cell 
     formation, gene therapy, mechanisms of iron overload and the 
     development of treatment options for patients with iron 
     overload. The conferees strongly encourage NIDDK to develop 
     grant opportunities to support DBA research in these areas 
     and to collaborate with NHLBI to develop appropriate research 
     initiatives for DBA.


        National Institute of Neurological Disorders and Stroke

       The conference agreement includes $1,552,123,000 for the 
     National Institute of Neurological Disorders and Stroke 
     instead of $1,545,623,000 as proposed by the House and 
     $1,569,100,000 as proposed by the Senate.
       The conferees support an effort currently underway at NIH 
     to identify FDA-approved drugs with potential for treating 
     amyotrophic lateral sclerosis (ALS), Huntington's disease, 
     and other neurodegenerative diseases. The conferees applaud 
     the collaboration between the NINDS and private organizations 
     on this drug screening project, and encourage NINDS to work 
     with voluntary associations to expand the high throughput 
     drug screening consortium sponsored by NINDS to include 
     screens for compounds that ameliorate cellular changes in 
     Duchenne muscular dystrophy.


         National Institute of Allergy and Infectious Diseases

                     (including transfer of funds)

       The conference agreement includes $4,440,007,000 for the 
     National Institute of Allergy and Infectious Diseases as 
     proposed by the House instead of $4,456,300,000 as proposed 
     by the Senate.
       The conference agreement includes bill language permitting 
     the transfer of $100,000,000 to International Assistance 
     Programs, Global Fund to Fight HIV/AIDS, Malaria, and 
     Tuberculosis as proposed by the House instead of $149,115,000 
     as proposed by the Senate.
       The conferees are concerned about the high prevalence of 
     food allergies, among children in particular, with up to 
     eight percent affected. The conferees recognize that 30,000 
     individuals require emergency room treatment for food 
     allergies each year, that 100 to 200 individuals die each 
     year from allergic reactions to food, and that there is 
     currently no cure for food allergies. For this reason, NIAID 
     is encouraged to invest in research into the causes of food 
     allergies and its potential treatments.


             National Institute of General Medical Sciences

       The conference agreement includes $1,959,810,000 for the 
     National Institute of General Medical Sciences as proposed by 
     the House instead of $1,975,500,000 as proposed by the 
     Senate.


        National Institute of Child Health and Human Development

       The conference agreement includes $1,280,915,000 for the 
     National Institute of Child Health and Human Development as 
     proposed by the House instead of $1,288,900,000 as proposed 
     by the Senate.
       The conferees commend NICHD for its leadership of the 
     agencies and groups that have joined together to develop the 
     National Children's Study. This group has made excellent 
     progress in planning and preparing for the full 
     implementation of the Study. Some projections indicate that 
     the annual reductions in health care costs that are likely to 
     be made possible by the Study's results will be significantly 
     larger than the total funding levels that will be required to 
     conduct it. To assist in planning for the future needs of the 
     study, the conferees request that, within 120 days of the 
     final enactment of this appropriation, NICHD provide the most 
     recent projections of the total and annual costs of the 
     study.


                         National Eye Institute

       The conference agreement includes $674,578,000 for the 
     National Eye Institute instead of $671,578,000 as proposed by 
     the House and $680,300,000 as proposed by the Senate.


          National Institute of Environmental Health Sciences

       The conference agreement includes $650,027,000 for the 
     National Institute of Environmental Health Sciences as 
     proposed by the House instead of $655,100,000 as proposed by 
     the Senate.


                      National Institute on Aging

       The conference agreement includes $1,060,666,000 for the 
     National Institute on Aging instead of $1,055,666,000 as 
     proposed by the House and $1,094,500,000 as proposed by the 
     Senate.
       Of the nearly 35 million Americans age 65 and older, an 
     estimated seven million suffer from a depressive illness or 
     depressive symptoms. Depressive symptoms tend to be 
     persistent and to interfere significantly with an 
     individual's ability to function. The conferees encourage NIA 
     to expand research into treatment of mental illnesses in the 
     elderly. The conferees further recommend that NIA expand its 
     collaboration with NIMH as well as NINR on Alzheimer's 
     disease to include research related to identifying effective 
     treatments for elderly persons who suffer from depression.


 National Institute of Arthritis and Musculoskeletal and Skin Diseases

       The conference agreement includes $515,378,000 for the 
     National Institute of Arthritis and Musculoskeletal and Skin 
     Diseases as proposed by the House instead of $520,900,000 as 
     proposed by the Senate.
       The conferees encourage NIAMS to coordinate with other 
     Institutes to enhance research relevant to scoliosis and to 
     identify bio-mechanical causes and genetic markers, develop 
     prenatal and childhood detection testing and strategies to 
     prevent the deformity.


    National Institute on Deafness and Other Communication Disorders

       The conference agreement includes $397,507,000 for the 
     National Institute on Deafness and Other Communication 
     Disorders instead of $393,507,000 as proposed by the House 
     and $399,000,000 as proposed by the Senate.


                 National Institute of Nursing Research

       The conference agreement includes $139,198,000 for the 
     National Institute of Nursing Research as proposed by the 
     House instead of $140,200,000 as proposed by the Senate.


           National Institute on Alcohol Abuse and Alcoholism

       The conference agreement includes $441,911,000 for the 
     National Institute on Alcohol Abuse and Alcoholism as 
     proposed by the House instead of $444,900,000 as proposed by 
     the Senate.


                    National Institute on Drug Abuse

       The conference agreement includes $1,014,760,000 for the 
     National Institute on Drug Abuse instead of $1,012,760,000 as 
     proposed by the House and $1,026,200,000 as proposed by the 
     Senate. The agreement does not include $6,300,000 in program 
     evaluation funding as proposed by the House. The Senate bill 
     did not include any program evaluation funding.


                  National Institute of Mental Health

       The conference agreement includes $1,423,609,000 for the 
     National Institute of Mental Health instead of $1,420,609,000 
     as proposed by the House and $1,436,800,000 as proposed by 
     the Senate.


                National Human Genome Research Institute

       The conference agreement includes $492,670,000 for the 
     National Human Genome Research Institute as proposed by the 
     House instead of $496,400,000 as proposed by the Senate.


      National Institute of Biomedical Imaging and Bioengineering

       The conference agreement includes $300,647,000 for the 
     National Institute of Biomedical Imaging and Bioengineering 
     instead of $297,647,000 as proposed by the House and 
     $300,800,000 as proposed by the Senate.


                 National Center for Research Resources

       The conference agreement includes $1,124,141,000 for the 
     National Center for Research Resources instead of 
     $1,094,141,000 as proposed by the House and $1,213,400,000 as 
     proposed by the Senate.

[[Page H10656]]

       The conference agreement includes bill language to earmark 
     $30,000,000 for extramural facilities construction grants 
     instead of $119,220,000 as proposed the Senate. The House did 
     not provide funding for extramural facilities construction.


       National Center for Complementary and Alternative Medicine

       The conference agreement includes $123,116,000 for the 
     National Center for Complementary and Alternative Medicine 
     instead of $121,116,000 as proposed by the House and 
     $121,900,000 as proposed by the Senate.


       National Center on Minority Health and Health Disparities

       The conference agreement includes $197,780,000 for the 
     National Center on Minority Health and Health Disparities 
     instead of $196,780,000 as proposed by the House and 
     $197,900,000 as proposed by the Senate.


                  John E. Fogarty International Center

       The conference agreement includes $67,182,000 for the John 
     E. Fogarty International Center as proposed by the House 
     instead of $67,600,000 as proposed by the Senate.


                      National Library of Medicine

       The conference agreement provides $317,947,000 for the 
     National Library of Medicine instead of $316,947,000 as 
     provided by the House and $316,900,000 as provided by the 
     Senate. In addition, $8,200,000 is provided from section 241 
     authority as proposed by both the House and Senate.


                         Office of the Director

                     (Including Transfer of Funds)

       The conference agreement includes $361,145,000 for the 
     Office of the Director instead of $359,645,000 as proposed by 
     the House and $364,100,000 as proposed by the Senate.
       The conference agreement includes bill language providing 
     up to $10,000,000 to be used for the flexible research 
     authority as described in section 217 of the bill as proposed 
     by the Senate instead of $7,500,000 as proposed by the House.
       The conference agreement includes a modification to House 
     bill language that grants specific permission to NIH to fund 
     a portion of the Roadmap Initiative through a uniform charge 
     against the budgets of all Institutes and Centers. The 
     conferees have deleted a specific dollar limit on such 
     funding, in order to provide NIH with flexibility to adjust 
     that amount in response to changing cost estimates and 
     scientific needs. However, the agreement requires the 
     Director to notify the Appropriations Committees before 
     exceeding the original NIH Roadmap estimate of $176,800,000. 
     The conferees have also added language to clarify that these 
     provisions are not intended to limit the ability of 
     Institutes and Centers to fund research related to the 
     Roadmap Initiative out of their own budgets through their 
     normal priority setting and scientific review processes.
       The conferees concur with the direction contained in the 
     House report for NIH to notify the Appropriations Committees 
     on a quarterly basis if the contributions from Institutes and 
     Centers or allocation of funding by Roadmap initiative 
     changes from what is presented in the congressional 
     justification.
       The conference agreement includes bill language indicating 
     that $10,000 of the funds provided may be used for official 
     reception and representation expenses if specifically 
     approved by the Director. The Senate bill contained similar 
     language as a general provision. The House bill did not 
     contain similar language.
       The conferees concur with the concerns expressed in the 
     Senate report about the disappointing precedent contained in 
     the Administration request that would have used average cost 
     assumptions inconsistent with NIH's own Cost Management Plan. 
     To the extent that resources allow, the conferees believe 
     that NIH should follow its Cost Management Plan principles, 
     which will help NIH continue to maintain the purchasing power 
     of the research in which it invests.
       The conferees concur in the House report language 
     indicating that the administration proposal to multi-year 
     fund some or all NIH grants is not approved. The Senate did 
     not have a similar provision.
       The conferees are aware of the draft NIH policy on 
     increasing public access to NIH-funded research. Under this 
     policy, NIH would request investigators to voluntarily submit 
     electronically the final, peer reviewed author's copy of 
     their scientific manuscripts; six months after the 
     publisher's date of publication, NIH would make this copy 
     publicly available through PubMed Central. The policy is 
     intended to help ensure the permanent preservation of NIH-
     funded research and make it more readily accessible to 
     scientists, physicians, and the public. The conferees note 
     that the comment period for the draft policy ended November 
     16th; NIH is directed to give full and fair consideration to 
     all comments before publishing its final policy. The 
     conferees request NIH to provide the estimated costs of 
     implementing this policy each year in its annual 
     Justification of Estimates to the House and Senate 
     Appropriations Committees. In addition, the conferees direct 
     NIH to continue to work with the publishers of scientific 
     journals to maintain the integrity of the peer review system.
       The conferees are aware that recent advances in 
     multidisciplinary research combining biomaterials, cell 
     biology, computer modeling, micro-machining and 
     nanotechnology have made it possible to produce fully 
     functioning replacement kidneys and liver tissue. The 
     multidisciplinary tissue engineering research efforts have 
     resulted in positive results to date in the development of a 
     compact, wearable continuous kidney dialysis system that will 
     greatly improve the lives of patients. The conferees 
     encourage the Director of NIH to pursue research initiatives 
     on the development of tissue-engineered compact, wearable, 
     continuous kidney dialysis and liver support systems.
       The conferees encourage NIAID, other Institutes within NIH 
     and other appropriate Federal agencies to provide support for 
     the study of Eosinophilia Myalgia Syndrome (EMS) and other 
     immune mediated diseases that manifest symptoms like those of 
     EMS. These systemic illnesses require new approaches, such as 
     systems biology, to understand root causes of disease onset, 
     to assess treatment options and to understand clinical and 
     epidemiological aspects. EMS and EMS-like diseases have 
     afflicted thousands, remain incurable, and continue to be 
     difficult to diagnose.
       The conferees are aware that NIH has recently completed a 
     Trans-NIH Liver Disease Research Action Plan and urge that 
     steps be taken to insure that its implementation begins in 
     fiscal year 2006. The conferees further request a report by 
     March 1, 2005 to discuss the timeline and priorities for 
     implementing the full plan.
       The conferees acknowledge the positive conclusions of the 
     evidence-based review recently completed by the Office of 
     Dietary Supplements on the potential benefits of omega-3 
     fatty acids in significantly lowering the risks of 
     cardiovascular disease, especially coronary heart disease. 
     The conferees urge NIH to undertake the design and planning 
     of the recommended clinical trials needed to provide 
     conclusive evidence regarding the potential of omega-3 fatty 
     acids in reducing cardiovascular morbidity and mortality in 
     the general U.S. population.


                        Buildings and Facilities

       The conference agreement includes $111,177,000 for 
     buildings and facilities instead of $99,500,000 as proposed 
     by the House and $114,500,000 as proposed by the Senate.
       The conference agreement includes bill language granting 
     full scope authority for the contracting of construction of 
     the first and second phases of the John E. Porter 
     Neurosciences Building as proposed by the Senate. The House 
     did not have a similar provision. The agreement provides 
     $14,700,000 to continue construction of the building. The 
     Senate report provided $15,000,000 for this purpose.
       The conferees wish to recognize and honor former 
     Congressman Joseph Daniel Early for his contribution to the 
     National Institutes of Health. Mr. Early served in Congress 
     from 1975 to 1993, and served on the House Labor, Health, and 
     Human Services Appropriations Subcommittee. During his time 
     on the Subcommittee, he tirelessly advocated on behalf of the 
     NIH, and the importance of medical research. Even before this 
     Subcommittee undertook bold efforts such as the recent 
     doubling of NIH funding, Mr. Early was on the forefront of 
     recognizing the critical role of the federal government in 
     supporting medical research, and the significance of the work 
     of the NIH. His efforts have undoubtably improved the health 
     of many Americans. The conferees strongly urge the NIH to 
     honor Mr. Early's contribution to the NIH by designating one 
     of the two outdoor courtyards in the Mark O. Hatfield 
     Clinical Research Center as the ``Joseph D. Early Plaza (or 
     Courtyard)''. The conferees hope that such a space will 
     include a stone marker, plaque, or sculpture that would 
     prominently pay tribute to Mr. Early's contributions to the 
     NIH.

       Substance Abuse and Mental Health Services Administration


               Substance Abuse and Mental Health Services

       The conference agreement includes $3,418,664,000 for 
     substance abuse and mental health services, of which 
     $3,295,361,000 is provided through budget authority and 
     $123,303,000 is provided through the evaluation set-aside. 
     The House bill had proposed $3,391,663,000 for SAMHSA, of 
     which $121,303,000 was from the evaluation set-aside and the 
     Senate proposed $3,484,729,000, of which $123,303,000 was 
     from the evaluation set-aside. The detailed table at the end 
     of this joint statement reflects the activity distribution 
     agreed to by the conferees.
       Within the total provided, the conference agreement 
     includes funding at no less than the fiscal year 2004 level 
     for activities throughout SAMHSA that are targeted to address 
     the growing HIV/AIDS epidemic and its disparate impact on 
     communities of color, including African Americans, Latinos, 
     Native Americans, Asian Americans, Native Hawaiians, and 
     Pacific Islanders.
       The conference agreement includes bill language identifying 
     $23,107,000 for projects in the amounts specified in the 
     statement of the managers on the conference report.


                   Center for Mental Health Services

       The conference agreement includes $276,646,000 for programs 
     of regional and national significance instead of $257,420,000 
     as proposed by the House and $303,128,000 as proposed by the 
     Senate.
       The conference agreement provides $20,000,000 for the State 
     incentive grants for transformation as proposed by the House 
     rather than $43,782,000 as proposed by the Senate. These 
     competitive grants will support the development of 
     comprehensive State mental health plans and improve the 
     mental health services infrastructure.

[[Page H10657]]

       Within the total provided, the conference agreement 
     provides $95,000,000 for counseling services for school-aged 
     youth as proposed by the Senate. In addition, $3,000,000 is 
     provided to support the national suicide prevention resource 
     center and continued support is also provided for the suicide 
     prevention hotline program at $3,070,000 as proposed by the 
     Senate.
       The conference agreement includes $7,000,000 for grants and 
     cooperative agreements to develop early intervention and 
     prevention strategies, training and technical assistance to 
     address the growing problem of youth suicide.
       The conference agreement provides $2,000,000, rather than 
     $4,500,000 as proposed by the Senate, to make grants to local 
     educational systems or non-profit entities in conjunction 
     with local educational systems to further test the use and 
     identify evidence-based practices for facilitating treatment 
     for teenagers suffering from mental, emotional or behavioral 
     disorders. The House did not propose funding for these 
     grants.
       The conference agreement provides $2,000,000 to continue 
     the current level of funding for the consumer and consumer-
     supported national technical assistance centers as proposed 
     by the Senate. The conferees direct the center for mental 
     health services to support multi-year grants to fund five 
     such national technical assistance centers.
       The conference agreement provides $5,000,000 for the 
     elderly treatment and outreach program as proposed by the 
     Senate rather than $4,970,000 as proposed by the House.
       As proposed by the Senate, the conference agreement 
     provides $7,000,000 for the jail diversion program instead of 
     $6,959,000 as proposed by the House.
       The conference agreement includes $4,000,000 for the 
     minority fellowship program rather than $5,320,000 as 
     proposed by the House.
       The conferees include the following amounts for the 
     following projects and activities in fiscal year 2005:

AgriWellness, Inc. in Harlan, IA to support the Sowing the Seeds of 
  Hope rural mental health project...............................50,000
Allegheny County, Pittsburgh, PA for adolescent mental health se100,000
Arc of Lackawanna County, Scranton, PA for mental health service100,000
Center for Multicultural Human Services, Falls Church, VA for mental 
  health and related services to at-risk immigrant and refugee f100,000
Children's Aid and Family Services, Paramus, NJ to develop and 
  implement a Clinical Excellence Institute to provide training for 
  children's services staff.....................................150,000
Citizens Acting Together Can Help, Inc. (CATCH), Philadelphia, PA for 
  mental health services.........................................75,000
City of Denver, CO Department of Health and Human Services for mental 
  health services to homeless and at-risk youth.................250,000
Community Counseling Center, Portland, ME for services for adults and 
  children who have experienced emotional trauma................300,000
DeKalb Crisis Center, Decatur, GA for mobile mental health outreach, 
  assessment and intervention services..........................150,000
El Monte Police Department, El Monte, CA, for youth violence pre200,000
Family Communications, Inc. in Pittsburgh, PA for the Managing Anger, 
  Promoting Safety (MAPS) project with a focus on childcare settings in 
  underserved communities in Mississippi........................100,000
Family Communications, Pittsburgh, PA for an antiviolence program 
  entitled the National Project Managing Anger, Promoting Safety100,000
Family Support Systems Unlimited, Inc., Bronx, NY for mental health 
  services......................................................200,000
Holy Family Institute, Pittsburgh, PA to expand mental health se100,000
Horizon Health Care in Howard, South Dakota for mental health services 
  at the Community Health Center in Martin, South Dakota........150,000
Horizon House, Philadelphia, PA for mental health and substance abuse 
  treatment services.............................................75,000
Illinois Collaboration on Youth/Youth Network Council, Chicago, IL to 
  increase access to mental health services for young people involved 
  in the juvenile justice system..............................1,200,000
Jewish Association for Residential Care, Farmington Hills, MI--mental 
  health support services and long-term case management for adults with 
  developmental disabilities....................................425,000
Keifer Mercy Health Center, Springfield, OH to provide Multisystemic 
  Therapy in a school/home-based environment for high-risk youth200,000
Lane County, OR for mental health services for youth............225,000
Mattie Rhodes Center, Kansas City, MO for mental health, family 
  counseling and related services...............................250,000
Mental Health Association of Tarrant County, Fort Worth, TX--School 
  Mental Health Education Program...............................200,000
Middlecreek Area Community Center, Beaver Springs, PA for adolescent 
  mental health programs.........................................75,000
National Center for Children Exposed to Violence, Yale University Child 
  Study Center, New Haven, CT for training, technical assistance, 
  consultation and other services relating to the effects of violence 
  on children...................................................500,000
Noah's Ark--A Safe Place, Inc., for mental and emotional counseling for 
  young men in several Pennsylvania counties....................150,000
Northwestern Human Services, Lafayette Hill, PA to implement their 
  ``Building Bridges for Girls'' Residential Program''..........150,000
Ohel Children's Home and Family Services, Brooklyn, NY for adult mental 
  health services...............................................300,000
Ohio Department of Mental Health, Columbus, OH--Ohio Mental Health 
  Network for School Success....................................250,000
Oklahoma Department of Mental Health and Substance Abuse Services, 
  Oklahoma City for implementation of a cross-training initiative for 
  mental health, substance abuse and domestic violence professio200,000
Oregon Partnership, Portland, OR to implement the Oregon Youth Suicide 
  Prevention Program............................................100,000
Pacific Clinics, Arcadia, CA for mental health and suicide prevention 
  programs for Latina youth.....................................500,000
Pennsylvania Psychological Association, Harrisburg, PA for a mental 
  health/primary care collaborative care project directed by the 
  Geisinger Health System........................................25,000
Potter County Human Services, Roulette, PA to continue and enhance 
  Yellow Ribbon youth suicide prevention efforts begun in 2003 and 
  continued in 2004, in the rural community.....................100,000
Saint Boniface Neighborhood Outreach Program, Inc., Louisville, KY, for 
  Phases II and III of a prisoner re-entry program..............100,000
San Diego Lesbian, Gay, Bisexual and Transgender Community Center, San 
  Diego, CA for mental health services...........................80,000
San Francisco Department of Public Health, San Francisco, CA for mental 
  health and substance abuse services for homeless persons in 
  supportive housing..........................................1,500,000
Screening for Mental Health, Inc., Loveland, OH for the SOS High School 
  Suicide Prevention Program....................................100,000

[[Page H10658]]

Senior Community Centers, San Diego, CA for mental health and related 
  services in their supportive housing program..................100,000
State of Alaska Department of Health and Social Services, Division of 
  Behavioral Health, Juneau, AK for the Targeted Gatekeeper Suicide 
  Prevention Training and Public Education Program..............250,000
Tanana Chiefs Conference, in partnership with Fairbanks Native 
  Association and the University of Alaska/Fairbanks, to treat 
  behavioral health problems of children throughout Interior Ala750,000
Task Force on Family Violence of Milwaukee, Inc in Milwaukee, WI to 
  provide mental health services for children who have experienced or 
  witnessed domestic violence....................................70,000
United Way of Anchorage, AK for its 211 Project to develop an 
  integrated system of resources for people with substance abuse, 
  mental illness and homelessness...............................600,000
University of South Florida, Louis de la Parte Florida Mental Health 
  Institute, Tampa, FL to close the knowledge/practice gap in mental 
  health and substance abuse programs...........................500,000
Ventura County Probation Agency, Ventura, CA for the Emotionally 
  Challenged Juvenile Offender Intervention Program.............300,000
Wisconsin Department of Agriculture, Trade and Consumer Protection in 
  Madison, WI for the Sowing the Seeds of Hope rural mental health 
  project........................................................50,000
YWCA of Carlisle, Carlisle, PA to provide sexual assault counseli25,000
       The conference agreement includes $436,070,000 for the 
     mental health block grant, which includes $21,803,000 from 
     the evaluation set-aside, the same numbers as proposed by 
     both the House and the Senate.
       The conference agreement includes $34,620,000 for the 
     protection and advocacy for individuals with mental illness 
     program as proposed by the Senate instead of $36,000,000 as 
     proposed by the House. The conferees intend that technical 
     assistance be provided through a competitive multiyear grant 
     with a national nonprofit organization that has the 
     demonstrated capacity to carry out these activities. The 
     conferees intend that the technical assistance be responsive 
     to requests from the protection and advocacy network, based 
     on the identified needs of individuals with mental illness 
     and do not intend that technical assistance funds be used for 
     administrative responsibilities of the agency administering 
     the programs.


                  Center for Substance Abuse Treatment

       The conference agreement includes $425,946,000 for programs 
     of regional and national significance, which includes 
     $4,300,000 from the evaluation set-aside, instead of 
     $419,219,000 as proposed by the House and $424,017,000 as 
     proposed by the Senate. Both the House and Senate bills 
     included the evaluation set-aside at $4,300,000.
       Within funds provided, $100,000,000 is for the access to 
     recovery program as proposed by both the House and the 
     Senate. The conferees expect that addictive disorder clinical 
     treatment providers participating in the access to recovery 
     program, as well as their respective staff, shall meet the 
     certification, accreditation, and/or licensing standards 
     recognized in their respective States.
       The conference agreement provides $10,000,000 for treatment 
     programs for pregnant, postpartum and residential women and 
     their children as proposed by the Senate. Within these funds, 
     no less than last year's level shall be used for the 
     residential treatment program for pregnant and postpartum 
     women, authorized under section 508 of the Public Health 
     Service Act.
       The conferees include the following amounts for the 
     following projects and activities in fiscal year 2005:

Akeela, Inc., in Anchorage, AK to continue its Re-Entry Program for 
  newly released prisoners with substance abuse problems.......$200,000
Augsburg College, Minneapolis, MN for the StepUP Program to assist 
  students in recovery from chemical dependency.................200,000
Baltimore City, MD for drug treatment services..................250,000
City of Jackson, TN for substance abuse prevention and treatment 
  services......................................................240,000
City of Wrangell in Wrangell, AK for its Avenues Program to provide 
  comprehensive substance abuse treatment.......................100,000
Community Rehabilitation Center, Jacksonville, FL for services for 
  people with co-occurring mental health and substance abuse dis300,000
Cook Inlet Council on Alcohol and Drug Abuse in Kenai, Alaska for 
  treatment of women and children with substance abuse problems on the 
  Kenai Peninsula...............................................200,000
Cullman Area Mental Health, Cullman, AL, for a substance abuse pr20,000
Doe Fund, Inc., Philadelphia, PA to provide substance abuse treatment 
  services......................................................100,000
Fairbanks Memorial Hospital, Alaska for the Fairbanks Community 
  Initiative for Chronic Inebriates.............................500,000
Fairbanks Native Association in Fairbanks, AK for treatment programs at 
  the Ralph Perdue Center.......................................500,000
Fenway Community Health Center, Boston, MA, to provide services to low-
  income HIV and AIDS patients..................................150,000
Fighting Back Partnership, Vallejo, CA for an intervention, treatment 
  and aftercare program for students identified with drug and alcohol 
  use...........................................................250,000
Florida Certification Board, Tallahassee, FL--Florida Center for 
  Prevention Workforce Development..............................400,000
Gavin Foundation, South Boston, MA for substance abuse treatment 
  services at its Cushing House facility for adolescents........300,000
Hitchcock Center for Women, Cleveland, OH for substance abuse treatment 
  and related services..........................................100,000
Jefferson County Medical Society Outreach Program, Inc., (The Healing 
  Place) Louisville, KY--Women's Recovery Program...............200,000
Mental Health Systems, Inc., Family Recovery Center, Oceanside, CA, to 
  enhance and expand substance abuse treatment services for women at-
  risk for HIV...................................................50,000
Mountain Lakes Behavioral Healthcare, Guntersville, AL for co-occurring 
  disorder treatment.............................................20,000
ODAAT, Inc., Philadelphia, PA to expand mental and behavioral health 
  services to disadvantaged drug addicted populations...........200,000
Ramsey County, MN, for the All Children Excel Program...........667,000
Saint Barnabus on the Lake Drug and Alcohol Rehab Center, Erie, PA to 
  implement a faith-based drug and alcohol rehabilitation program for 
  males 18 and older.............................................25,000
Salvation Army of Anchorage to support detox programs at the Clitheroe 
  Center in Anchorage, AK.......................................500,000
SBH Community Services, Brooklyn, NY, for an Addictive Behavior/Family 
  Preservation Program..........................................100,000
South Dakota Division of Alcohol and Drug Abuse, Pierre, SD for 
  treatment services for methamphetamine addiction and co-occurring 
  mental health and substance abuse disorders...................700,000
Teen Challenge of Rehrersburg, PA to establish a transitional 
  rehabilitation program for recovering drug and alcohol addicts100,000
WestCare Kentucky, Inc., Pikesville, KY for a comprehensive substance 
  abuse treatment service system pending receipt of state licens750,000

[[Page H10659]]

Wyoming Substance Abuse Treatment and Recovery Center, Sheridan, WY to 
  expand residential treatment services.......................1,100,000

       The conference agreement includes $1,789,235,000 for the 
     substance abuse prevention and treatment block grant, of 
     which $1,710,035,000 is budget authority and $79,200,000 is 
     provided through evaluation set-aside. These are the same 
     numbers as proposed by the House. The Senate bill had 
     proposed $1,832,235,000 with the same evaluation set-aside.


                 Center for Substance Abuse Prevention

       The conference agreement includes $200,428,000 for programs 
     of regional and national significance instead of $200,000,000 
     as proposed by the House and $198,940,000 as proposed by the 
     Senate.
       Included in the conference agreement is $10,000,000 for 
     fetal alcohol syndrome/fetal alcohol effect (FAS/FAE) 
     prevention and treatment programs, with an emphasis on 
     teenage mothers instead of $11,000,000 as proposed by the 
     Senate.
       The conferees expect States receiving funding under the 
     strategic prevention framework State incentive grant to give 
     priority in the use of the 20 percent prevention set-aside in 
     the substance abuse prevention and treatment block grant to 
     funding the specific priorities in the comprehensive 
     community strategies developed by the communities in their 
     States.
       The conferees include the following amounts for the 
     following projects and activities in fiscal year 2005:

ALERT Partnership, Allentown, PA for a substance abuse prevention 
  program.......................................................$25,000
Alliance for Consumer Education (ACE), in cooperation with the 
  Pennsylvania School Counselors Association, to provide parents and 
  counselors with prevention information about inhalant abuse...100,000
Boys and Girls Club of Erie, Erie, PA to implement the SMART Moves 
  prevention program.............................................50,000
C.B. Johnson Campaign for a Drug Free Westside, Chicago, IL for 
  substance abuse prevention and treatment services.............340,000
Centre County, PA, to implement, in coordination with Clinton County, 
  educational programming targeting the prevention of drug use by 
  students......................................................200,000
Clinton County Communities That Care, Lock Haven, PA for a prevention 
  program to identify and reduce risk factors leading to juvenile 
  delinquency...................................................100,000
CODAC Behavioral Healthcare, Cranston, RI to reduce substance abuse and 
  violence with troubled students...............................100,000
Community Health Center on the Big Island of Hawaii for Youth Anti-Drug 
  Program.......................................................250,000
Community Prevention Partnership of Berks County, Reading, PA to 
  implement the Grandparents Raising Resilient Youth program.....25,000
Community Services for Children, Allentown, PA for a substance abuse 
  prevention program............................................100,000
Corporate Alliance for Drug Education, Bala Cynwyd, PA for an 
  elementary school-based prevention program to teach children to 
  reject substance abuse and violence while helping them to identify 
  positive alternatives to harmful situations...................250,000
Drug Free Pennsylvania, Harrisburg, PA to implement a drug-free 
  workplace training program.....................................50,000
Institute for Research, Education & Training in Addictions (IRETA), 
  Pittsburgh, PA to implement substance abuse prevention program200,000
Institute for the Study and Practice of Nonviolence, Providence, RI for 
  the Streetworkers Program to reduce youth substance abuse and 
  violence......................................................100,000
Life Haven, Inc., New Haven, CT for services to promote resilience for 
  homeless and other at-risk children...........................200,000
NAIVE Program, Langhorne, PA, to provide drug prevention programs for 
  students and teachers..........................................25,000
Ohio Association of Alcoholism and Drug Abuse Counselors, Worthington, 
  OH--expansion of the Ohio Alcohol and Other Drug Workforce Resource 
  Center........................................................100,000
South Boston Community Health Center, South Boston, MA for substance 
  abuse prevention services.....................................340,000
Strength Incorporated, Wilkinsburg, PA, for a drug and alcohol 
  prevention program that provides individuals with life skills.100,000
Sunshine Center, Port Jefferson Station, NY for substance abuse and 
  violence prevention services for children and families........100,000
Susan P. Byrnes Health Education Center, Inc., York, PA, for a tobacco 
  education program in schools and community organizations......230,000
University of South Dakota School of Medicine Center for Disabilities 
  in Sioux Falls, South Dakota to continue the work of the Consortium 
  on Fetal Alcohol Syndrome.....................................350,000
Warren County Department of Human Services, Warren, PA for outreach and 
  training for substance abuse prevention programs...............25,000
Youth in Action, Providence, RI for a teen substance abuse reduction 
  program........................................................50,000


                           Program Management

       The conference agreement includes $94,455,000 for program 
     management, of which $18,000,000 is provided through the 
     evaluation set-aside, the same as proposed by the Senate. The 
     House bill had proposed $92,455,000 with a $16,000,000 
     evaluation set-aside.
       Within the total, $2,000,000 is included, as proposed by 
     the Senate, to establish surveillance measures to address the 
     mental and behavioral health needs of the population of the 
     United States. The House did not include funding for this 
     program.

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

       The conference agreement includes $318,695,000 as proposed 
     by the Senate instead of $303,695,000 as proposed by the 
     House. The agreement makes these funds available through the 
     policy evaluation set-aside, as proposed by both House and 
     Senate.
       The conferees provide $15,000,000 within this total for 
     clinical effectiveness research as proposed by the Senate. 
     The House did not have a similar provision.
       The conferees are aware of the use of home health 
     monitoring devices that guide patients and their physicians 
     in managing chronic diseases, thereby avoiding 
     rehospitalization and emergency room visits. The conferees 
     encourage AHRQ to study the effectiveness of programs using 
     these devices with patients suffering from chronic illnesses, 
     compare monitored patients with non-monitored patients taking 
     into account the number of hospitalizations, and quantify any 
     overall cost reductions resulting from these programs.

               Centers for Medicare and Medicaid Services


                           program management

       The conference agreement includes $2,696,402,000 for 
     program management instead of $2,746,253,000 as proposed by 
     the House and $2,756,644,000 as proposed by the Senate. An 
     additional appropriation of $720,000,000 has been provided 
     for the Medicare Integrity Program through the Health 
     Insurance Portability and Accountability Act of 1996. The 
     conference agreement does not include language included in 
     the House bill that would have reduced Program Management by 
     a total of $12,500,000.
       The conference agreement includes $78,119,000 for research, 
     demonstration, and evaluation instead of $68,400,000 as 
     proposed by the House and $77,791,000 as proposed by the 
     Senate. Within the total provided, the conference agreement 
     provides $40,000,000 for Real Choice Systems Change Grants to 
     States.
       The conferees are pleased with the demonstration project at 
     participating sites licensed by the Program for Reversing 
     Heart Disease and encourage its continuation. The conferees 
     further urge CMS to continue the demonstration project being 
     conducted at the Mind Body Institute of Boston, 
     Massachusetts. The conferees urge CMS to continue its 
     research activities targeted towards ensuring culturally 
     sensitive health care for American Samoans.
       The agreement includes bill language for the following 
     projects and activities for fiscal year 2005:


[[Page H10660]]


Advocate Metro Outreach Initiative, Oak Brook, to implement an 
  initiative to provide comprehensive health education and services to 
  the deaf and hard-of-hearing community.......................$100,000
African American Interdenominational Ministries, Inc., Philadelphia, PA 
  to implement an insurance outreach program....................150,000
AIDS Healthcare Foundation, Los Angeles, CA for a demonstration of 
  residential and outpatient treatment facilities.............1,900,000
Bronx-Lebanon Hospital Center, Bronx, NY 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....................................450,000
Children's Institute for Palliative Care, Children's Hospitals and 
  Clinics, Minneapolis, MN for a pediatric palliative care 
  demonstration program.........................................300,000
City of Detroit, MI for a project to improve access to primary care and 
  preventive health services for low-income and uninsured person600,000
Community Catalyst, Inc., Boston, MA, for the expansion of a benefits 
  management program............................................100,000
Cook County Bureau of Health Services in Chicago, IL for the Antibiotic 
  Resistance Program............................................150,000
Donald R. Watkins Memorial Foundation, Houston, TX, for a comprehensive 
  HIV/AIDS treatment and research demonstration program.........340,000
Focus on Therapeutic Outcomes, Inc., Knoxville, TN..............100,000
Hamot Medical Center, Erie, PA and the Ohio Health System, Columbus, OH 
  to implement a demonstration project on the Medicare Advantage 
  program.......................................................250,000
HealthRight, Inc., Philadelphia, PA for their Care Access Program25,000
Inglis Foundation, Philadelphia, PA for healthcare and social services 
  for low-income adults with severe physical disabilities in an effort 
  to promote independent living..................................75,000
Medical Care for Children Partnership, Fairfax, VA for access to 
  specialty health care for children who have serious medical nee50,000
Memphis Biotech Foundation in Memphis, Tennessee to develop a 
  biologistics network in Mississippi and Tennessee.............500,000
Muskegon Community Health Project, Muskegon, MI for the Access Health 
  Program.......................................................225,000
Our House of Portland, Portland, OR, to develop a Care Program for 
  people living with AIDS........................................30,000
Pace Vermont, Burlington, VT, for the Rural Program for All-inclusive 
  Care for the Elderly..........................................750,000
Patient Advocate Foundation, Newport News, Virginia, to assist the PAF 
  in serving patients experiencing difficulty accessing quality health 
  care services.................................................150,000
Puerto Rico's Governor's Office of Elderly Affairs for the Medication 
  Error Prevention Pilot Program................................450,000
San Francisco Department of Public Health, San Francisco, CA for a 
  demonstration project to improve HIV/AIDS treatment and prevention 
  services....................................................1,500,000
Santa Clara County, CA for outreach and enrollment assistance 
  activities of the Children's Health Initiative................300,000
Susquehanna Health System, Williamsport, PA for stabilizing workforce 
  for patient care..............................................500,000
Swope Health Services, Kansas City, MO to supplement recurring 
  healthcare costs for underemployed, uninsured, and income-qualified 
  patients in Wyandotte and Johnson Counties, KS................500,000
Temple University, Crime and Justice Research Center, Philadelphia, PA 
  for DNA backlog and utilization...............................100,000
University of Maine, Partnership for Early Childhood Health & Se250,000

       The conference agreement includes $1,746,879,000 for 
     Medicare operations instead of $1,796,879,000 as proposed by 
     the Senate and $1,793,879,000 as proposed by the House. The 
     conference agreement does not include the $155,000,000 
     reduction to Medicare operations included in general 
     provision 217 of the House bill.
       The conference agreement includes bill language identifying 
     not less than $79,000,000 for processing Medicare appeals. 
     The House and Senate bills had similar language, which also 
     provided for a transfer of $50,000,000 to the Social Security 
     Administration for processing appeals. The conference 
     agreement provides the funding for SSA through the General 
     Departmental Management account.
       The conference agreement includes bill language proposed by 
     the Senate making up to an additional $18,000,000 available 
     to CMS for Medicare claims processing if unit costs of claims 
     exceed particular thresholds. The House bill did not contain 
     similar language.
       The conference agreement provides $3,000,000 within 
     Medicare operations to support Benefit Improvement and 
     Protection Act of 2000 (BIPA) section 522 activities, as 
     proposed by the Senate. The House proposed that these 
     activities be supported through Federal administration.
       The conferees concur with language in the Senate report 
     regarding funding for the State health insurance counseling 
     program. The House report did not have similar language.
       The conference agreement provides $586,182,000 for Federal 
     administration instead of $589,182,000 as proposed by the 
     House and $587,182,000 as proposed by the Senate.
       The conference agreement includes bill language making 
     funds available for the Healthy Start, Grow Smart program. 
     The Senate had proposed similar bill language; the House 
     report contained similar language.
       The conference agreement does not provide $1,000,000 for an 
     Institute of Medicine study of the Medicare 75 percent rule 
     as proposed by the Senate. The House did not have a similar 
     provision.
       The conferees are aware that the funding provided by 
     section 508 of the Medicare Modernization Act was inadequate 
     to fully fund all of the hospitals that qualified for 
     reclassification under this section. The conferees are 
     concerned that inadequate funding under this provision has 
     adversely affected patient access to care. Therefore, the 
     conferees request that CMS submit a report with the following 
     information: the number of hospitals that qualified for 
     funding under section 508; the number of hospitals that 
     qualified but received no funding under this provision; and a 
     cost estimate, by year, of the amount needed to fully fund 
     these hospitals over the next three years. The conferees 
     request that this report be submitted to the Senate and House 
     Appropriations Committees no later than 90 days after 
     enactment of this Act.
       The conferees are concerned that phase-in of Medicare Part 
     D may result in significant increases in out-of-pocket costs 
     to Medicare enrollees with HIV/AIDS who now rely on Medicaid 
     for their prescription medications, as well as to the state 
     AIDS Drug Assistance Programs (ADAP). The inability of 
     enrollees with chronic and costly medical conditions such as 
     HIV/AIDS to pay such increased expenses and the inability for 
     the ADAPs to meet increased costs may harm the public health. 
     The conferees request CMS to report within 160 days the 
     potential impact to dual-eligibles as well as to outline 
     measures it will take to protect the public health.
       The conferees are aware of changes being developed by CMS 
     to alter the Medicare coverage policy for power mobility 
     devices and strongly encourage CMS to use its resources to 
     develop a coverage policy firmly based on a functional 
     standard of nonambulatory. The conferees support controlling 
     fraud and abuse through requiring the proper substantiation 
     of medical need without narrowing the definition of 
     ``nonambulatory'' to exclude beneficiaries who have a medical 
     need for it. The conferees have heard from beneficiaries 
     organizations' that the ``in the home'' rule often denies 
     beneficiaries access to medically necessary wheelchairs they 
     need to move about their home, community and in some 
     instances, to return to work. The conferees would like CMS' 
     views on what steps can be taken to modify this rule in a 
     manner that enhances the independence of beneficiaries with 
     disabilities of all ages, while being cost effective and 
     providing for effective safeguards against fraud and abuse. 
     Finally, the conferees believe that the medically necessary 
     application of this benefit can save Medicare money through 
     avoiding expensive institutional care or hospitalization 
     resulting from falls by the growing elderly population and 
     beneficiaries with disabilities under age 65.
       The conferees recognize the Hawaii Health Systems 
     Corporation's success in responding

[[Page H10661]]

     to the healthcare needs of the State of Hawaii. The conferees 
     encourage CMS to recognize the special consideration a unique 
     island state requires when calculating population density 
     requirements.
       The conferees encourage CMS to exclude blood clotting 
     factors from the definition of ``competitively biddable drugs 
     and biologicals'' in section 1847A(a)(2)(A) of the Social 
     Security Act. Individuals with hemophilia and other bleeding 
     disorders are dependent upon lifesaving blood clotting 
     factors and need unfettered access to sustain life.
       The conferees encourage CMS to provide technical assistance 
     to the Commonwealth of Puerto Rico to help it to compete 
     successfully for Real Choice Systems Change grants.
       To build on the Department of Labor Office of Disability 
     Employment Policy's (ODEP) efforts to increase telework 
     opportunities in the federal government, the conferees direct 
     that $1,000,000 be transferred from ODEP to the Centers for 
     Medicare and Medicaid Services (CMS) to build on a previous 
     pilot between ODEP and CMS.
       The conferees are pleased that CMS has piloted the 
     performance of CMS call center work by individuals with 
     severe disabilities working from home-based workstations. 
     This model has the potential to be expanded within CMS and 
     replicated outside of CMS by government agencies and others 
     interested in following CMS's lead.
       The conference agreement provides such transfer to expand 
     and refine the existing CMS model in conjunction with 
     National Telecommuting Institute, Inc., as well as 
     disseminate information about this telework model to other 
     agencies.

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

       The conference agreement provides $2,873,802,000 for 
     payments to States for child support enforcement and family 
     support programs, the same as both the House and Senate.


                   low-income home energy assistance

       The conference agreement provides $2,200,000,000 for low-
     income home energy assistance rather than $2,249,000,000 as 
     proposed by the House and $2,000,500,000 as proposed by the 
     Senate. Of the amount provided $1,900,000,000 is provided for 
     formula grants to States. The House bill had proposed 
     $1,911,000,000 for State formula grants and the Senate bill 
     proposed $1,901,090,000. Within the funds available, 
     $27,500,000 is included for the leveraging incentive fund as 
     proposed by the Senate.
       The conference agreement includes $300,000,000 for the 
     emergency fund to meet the additional home energy assistance 
     needs arising from a natural disaster or other emergency 
     pursuant to section 402 of S. Con. Res. 95 (108th Congress), 
     as made applicable to the House by H. Res. 649 (108th 
     Congress) and applicable to the Senate by section 14007 of 
     Public Law 108-287. The House bill proposed $100,000,000 and 
     the Senate bill proposed $99,410,000 for the contingent 
     emergency fund, but neither bill designated funds as an 
     emergency.
       The conference agreement does not include funding for the 
     Department of Energy's weatherization assistance program in 
     this title. The House bill proposed $238,000,000 for this 
     program while the Senate bill included funding for this 
     program in the Interior and Related Agencies Appropriations 
     bill. Funding for this program is provided in Division J.


                     refugee and entrant assistance

       The conference agreement includes $488,336,000 for the 
     refugee and entrant assistance programs rather than 
     $491,336,000 as proposed by the House and $477,239,000 as 
     proposed by the Senate. The detailed table at the end of this 
     joint statement reflects the activity distribution agreed to 
     by the conferees.
       The conference agreement provides $166,218,000 for social 
     services, the same level as proposed in the House bill. The 
     Senate had proposed $155,121,000 for this program. Within the 
     funds provided, the conference agreement includes $19,000,000 
     as outlined in the House report. The conferees intend that 
     funds provided above the request for social services shall be 
     used for refugee school impact grants and for additional 
     assistance in resettling and meeting the needs of the Hmong 
     and Somali Bantu refugees expected to arrive during 2004 and 
     2005. The conferees also urge the Office of Refugee 
     Resettlement to continue supporting discretionary grant 
     activities, such as the individual development accounts, 
     community service employment, and elderly refugee programs, 
     to the extent they have been successful in integrating 
     refugees into society and promoting their self sufficiency.
       The conference agreement provides $54,229,000 for the 
     unaccompanied minors program, the same level as proposed by 
     both the House and Senate. The conferees intend that the 
     funds provided by this appropriation be used, in part, to 
     increase the number of field coordinators in the program and 
     to ensure increased capacity at the field level for the 
     assessment of placements and family reunification and to 
     continue improvements in the provision of healthcare, 
     including mental health care, to children in the program.
       The conference agreement provides $10,000,000 for the 
     victims of torture program as proposed by the Senate. The 
     House bill had included $13,000,000 for this program.


   payments to states for the child care and development block grant

       The conference agreement includes $2,099,729,000 for the 
     child care and development block grant, the same level as 
     both the House and Senate bills. Included in the bill is 
     $10,000,000 within the total funds provided, for child care 
     research, demonstration, and evaluation activities as 
     proposed by the Senate. The House bill had included 
     $9,864,000 for these activities.


                      social services block grant

       The conference agreement provides $1,700,000,000 for the 
     social services block grant, the same level as proposed in 
     both the House and Senate bills. The conference agreement 
     provides 10 percent transfer authority from the temporary 
     assistance for needy families program (TANF) to the social 
     services block grant as proposed by the Senate. The House 
     bill had proposed 4.5 percent transferability.


                children and families services programs

       The conference agreement includes $9,080,353,000 for 
     children and families services programs, of which $10,500,000 
     is provided through the evaluation set-aside. The House bill 
     proposed $8,996,145,000 for these programs with $10,482,000 
     from the evaluation set-aside and the Senate proposed 
     $9,104,646,000 with $10,500,000 from the evaluation set-
     aside. The detailed table at the end of this joint statement 
     reflects the activity distribution agreed to by the 
     conferees.
     Head Start
       The conference agreement includes $6,898,580,000 for Head 
     Start as proposed by the House instead of $6,935,452,000 as 
     proposed by the Senate. The agreement includes $1,400,000,000 
     in advance funding, the same level as proposed by both the 
     House and Senate.
       The conference agreement also includes, as a general 
     provision, a limitation against the use of funds for Head 
     Start 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, as proposed by the House.
     Consolidated Runaway and Homeless Youth Program
       The conference agreement includes $89,447,000 for the 
     consolidated runaway and homeless youth program, the same 
     level as proposed by the House, rather than $95,000,000 as 
     proposed by the Senate.
     Prevention Grants to Reduce Abuse of Runaway Youth
       The conference agreement includes $15,302,000 for 
     prevention grants to reduce abuse of runaway youth as 
     proposed by the House. The Senate bill had proposed 
     $15,802,000 for these grants.
     Child Abuse State Grants and Discretionary Activities
       The conference agreement includes $27,500,000 for child 
     abuse State grants as proposed by the Senate instead of 
     $28,484,000 as proposed by the House.
       The conference agreement includes $31,912,000 for child 
     abuse discretionary programs instead of $26,266,000 as 
     proposed by the House and $34,386,000 as proposed by the 
     Senate. Within the funds provided for child abuse 
     discretionary activities, the agreement includes the 
     following items:

AGAPE of Central Alabama, Inc., Montgomery, AL, to recruit and train 
  families to foster at-risk children and to expand education and 
  intervention services to pregnant women in crisis.............$25,000
Alameda County Social Services Agency, Oakland, CA for the Another Road 
  to Safety early intervention and prevention program...........650,000
Catholic Community Services of Juneau, AK to continue operations at its 
  Family Resource Center for child abuse prevention and treatmen400,000
Children's Home & Aid Society of Illinois, Chicago, IL--Child Abuse 
  Prevention Project............................................171,000
Children's Hospital Foundation, Columbus, OH for the Center for Child 
  and Family Advocacy...........................................400,000
Children's Resource Center, Harrisburg, PA for training, education and 
  services related to child abuse prevention and treatment......100,000
Columbus Children's Hospital Center for Child and Family Advocacy, 
  Columbus, OH, for expansion and research......................450,000
Crisis Shelter of Lawrence County, New Castle, PA for anti-domestic 
  violence program..............................................100,000
Domestic Violence HELP, Pittsburgh, PA, to undertake a study of the 
  prevalence and incidence of domestic violence in select clinic 
  populations in Western PA.....................................100,000

[[Page H10662]]

Family Violence Prevention Fund, San Francisco, CA for family violence 
  prevention programs for children, youth and young families through 
  its International Center to End Violence......................500,000
Forrest County and Youth Court, Hattiesburg, MS to improve child 
  welfare outcomes for infants and toddlers.....................100,000
James Whitcomb Riley Hospital for Children, Indianapolis, IN, for the 
  Child Abuse Program............................................25,000
Jefferson County Colorado, Golden, CO to re-engineer its child welfare 
  system........................................................200,000
Lake Erie Research Institute, Inc., (LERI) Girard, PA for their Child 
  Abuse Prevention program.......................................25,000
Missouri Bootheel Regional Consortium, Inc., Sikeston, MO, for the 
  Fatherhood First project......................................400,000
Northern Virginia Family Service, Oakton, VA, for the Healthy Families 
  Fairfax program................................................75,000
State of Alaska Department of Health and Social Services, Office of 
  Children's Services to continue its Healthy Families Alaska home 
  visitation program..........................................1,750,000
Stop It Now!, Philadelphia, PA to expand their public education 
  campaign on child abuse........................................25,000
Synergy Services, Inc., Parkville, MO, to expand treatment for children 
  suffering from Attachment Disorders caused by neglect, child abuse, 
  post traumatic stress disorder and secondary trauma associated with 
  domestic violence, household disruption, and distant parenting100,000
YMCA Youth and Family Services, San Diego, CA, to provide safe shelter 
  and supportive services to young homeless women................50,000
     Abandoned Infants Assistance
       The conference agreement provides $12,052,000 for the 
     abandoned infants assistance program, the same level as 
     proposed by the Senate. The House bill had proposed 
     $12,086,000 for this program.
     Adoption Awareness
       The conference agreement includes $12,906,000 for the 
     adoption awareness program as proposed by both the House and 
     the Senate. Within the funds provided, $9,906,000 is for the 
     infant adoption awareness training program and $3,000,000 is 
     for the special needs adoption campaign.
     Compassion Capital Fund
       The conference agreement includes $55,000,000 for the 
     compassion capital fund as proposed by the House, instead of 
     $47,702,000 as proposed by the Senate.
     Social Services and Income Maintenance Research
       The conference agreement includes $32,229,000 for social 
     services and income maintenance research, of which $6,000,000 
     is provided through the evaluation set-aside. The House 
     proposed $5,982,000 for this program entirely funded through 
     the evaluation set-aside and the Senate proposed $19,168,000, 
     of which $6,000,000 was from the evaluation set-aside.
       The conferees note that efforts undertaken through the 
     State information technology consortium have led to greatly 
     improved systems communications and compliance in both the 
     TANF and child support enforcement (CSE) programs. For TANF, 
     the conferees have provided $2,000,000 to permit States to 
     utilize uniquely designed web-based technology to improve 
     benefit delivery and fulfill new Federal reporting 
     requirements. For CSE, the conferees have provided $3,000,000 
     to continue the consortium's efforts to improve data exchange 
     between CSE and the courts in ways that will significantly 
     reduce the time lag between court orders and enforcement/
     collections activities.
       The conferees also provide sufficient funding for the 
     following:

A+ for Abstinence, Waynesboro, PA for abstinence education and related 
  services.......................................................45,000
AIDSCARE, Inc., Chicago, IL for social services and related programs at 
  its facilities for people living with AIDS....................250,000
Americana Community Center, Inc., Louisville, KY, for community 
  involvement training...........................................19,000
Andrus Children's Center, Yonkers, NY for the Yonkers Early Childhood 
  Initiative.....................................................50,000
Anna Maria College, Paxton, MA, for program development at the Molly 
  Bish Center for the Protection of Children and the Elderly....100,000
Annandale Christian Community for Action, Annandale, VA--Child 
  Development Center.............................................50,000
Arrowhead Economic Opportunity Agency, Inc., Virginia, MN for the 
  Family to Family community-based mentoring program to assist low-
  income families...............................................600,000
Atlanta Interfaith AIDS Network, Atlanta, GA for the Common Ground day 
  program for adults living with HIV/AIDS........................40,000
Best Friends and Best Men Program at the Indian River School District, 
  Sebastian, FL..................................................50,000
Birth Choice Pregnancy Centers, Mission Viejo, CA to support counseling 
  and medical services at three pregnancy centers in Orange Coun150,000
Breakaway Ministries, Gadsden, AL, for the Silver Ring Thing Program 
  for abstinence education and related services..................80,000
Catholic Social Services, The Bridge, Wilkes Barre, PA for abstinence 
  education and related services.................................46,000
Cesar Chavez Center, Davenport, IA to assist the Hispanic community in 
  accessing social services and community resources.............100,000
Child and Family Network Centers, Alexandria, VA--First Step Pro250,000
Children's Home Society of Idaho, Boise, ID--Idaho Children's Ho200,000
Children's Rights Council, Inc., Hyattsville, MD, for Safe Haven Access 
  sites in Stark County, Ohio....................................75,000
ChildServ, Chicago, IL--Family Service Center in Lake County....500,000
Christian Family Ministries, Inc., Joliet, IL--Lamb's Fold Women's 
  Center.........................................................50,000
City Connect Detroit, Detroit, MI for the Detroit Data Partnership, for 
  data collection and integration and development of data sharing 
  partnerships to support design, implementation and measurement of 
  social and economic development programs......................200,000
City of Chester, Bureau of Health, SABER Project, Chester, PA for 
  abstinence education and related services.....................105,000
Coalition to End Family Violence, Oxnard, CA for family violence 
  prevention and treatment and other social services for youth and 
  families......................................................200,000
Community Empowerment Association, Pittsburgh, PA to provide community 
  re-entry programs.............................................100,000
Community Options, Inc., Princeton, NJ, for the Dr. York Development 
  Project........................................................90,000
Community Services of Stark County, Inc., Canton, OH--``Stark STRONG'' 
  (Stark Standing Together Reaching Ohio's New Generation's)....300,000
Concerned Citizens Community Creation Center, Pittsburgh, PA for 
  education, counseling, crisis intervention and other services for at-
  risk families.................................................240,000
Connecticut Council of Family Service Agencies, Wethersfield, CT for 
  the Empowering People for Success welfare-to-work initiative..400,000
Covenant House Alaska to expand services to runaway and homeless youth 
  in the Anchorage, AK area.....................................300,000
Covenant House Pennsylvania, Philadelphia, PA to provide support 
  services to homeless and runaway youth.........................25,000
Daily Bread, Melbourne, FL to provide nutritional, mental health and 
  counseling referral services to the working homeless population50,000

[[Page H10663]]

Darkness to Light in Charleston, SC to develop an online training and 
  certification program to prevent child sexual abuse...........450,000
Diakon Lutheran Social Ministries, Mechanicsburg, PA for abstinence 
  education and related services................................136,000
Diakon Lutheran Social Ministries, Topton, PA for abstinence education 
  and related services...........................................95,000
East Harlem Building for the Community, Inc., New York, NY for its 
  Women's Network to provide counseling, referrals and other services 
  related to domestic violence..................................100,000
Eckerd Youth Alternatives, Clearwater, FL, for Transition to 
  Independence--An Expansion of a Foster Care Pilot Demonstration 
  project serving youth aging out of the foster care system...1,000,000
EDGE Outreach, Louisville, KY, for community outreach programs at The 
  Mission House..................................................30,000
Family First Support Center, Waukegan, IL--Educational Assessment 
  Program.......................................................200,000
Food for Life, Glenside, PA to implement a pilot project to monitor 
  children of prisoners and parolees in PA......................200,000
Fred Leroy Health and Wellness Center, Omaha, Nebraska, to provide 
  health services to Native Americans in the Northern Ponca Service 
  Unit..........................................................250,000
Friends Association, West Chester, PA, to support adoption and foster 
  child services.................................................50,000
Generations of Hope, Rantoul, IL--to replicate the program which is a 
  unique community setting enriching the lives of foster children and 
  the elderly by entwining their daily lives....................125,000
George Washington Carver Community Center, Project A.C.E., Norristown, 
  PA for abstinence education and related services...............86,000
Girl Scout Totem Council in Seattle, WA, to expand the Fostering A 
  Future program................................................100,000
Good News Doctor Foundation and the International Child Development 
  Resources Center, Inc., Melbourne, FL to provide care and to develop 
  best practices for children suffering from autism.............150,000
Greater Calvary Community Development Corporation, Erie, PA for 
  abstinence education and related services......................50,000
Greater Philadelphia Urban Affairs Coalition, Philadelphia, PA, to 
  provide housing and mortgage assistance, as part of an initiative to 
  stabilize a community.......................................1,000,000
Growth & Development Services, Inc, New York, NY, for support services 
  to at-risk families in Hispanic neighborhoods..................50,000
Guidance Center, project RAPPORT, Ridgeway, PA for abstinence education 
  and related services...........................................74,000
Harbor House of Louisville, Inc., Louisville, KY, for a Training and 
  Development Center for individuals with developmental disabilit50,000
Heart Beat, Millerstown, PA for abstinence education and related 
  services.......................................................51,000
Helping Hands Unlimited, Brooklyn, NY for a transitional supportive 
  housing program for women.....................................300,000
HERO Family Resource Center, Greensboro, AL to reduce and prevent 
  teenage pregnancies through the ``Bright Beginnings'' program..50,000
Hispanic Counseling Center, Hempstead, NY for domestic violence 
  prevention and intervention programs..........................140,000
Horizons for Homeless Children, Boston, MA, for mentoring, educational, 
  and social development programs...............................125,000
Iowa Mentor Center, Sioux City, IA, for programmatic functions and 
  equipment......................................................30,000
Keystone Central School District, Central Mountain Middle School East, 
  Mill Hall, PA for abstinence education and related services....79,000
Keystone Economic Development Corporation, Johnstown, PA for abstinence 
  education and related services.................................88,000
L.V.C.P.T.P., St Luke's Health Network, CHOICE program, Bethlehem, PA 
  for abstinence education and related services..................92,000
Lackawanna Trail School District, Factoryville, PA for abstinence 
  education and related services.................................74,000
Lady B Ranch, Apple Valley, CA, for a Therapeutic Horseback Riding 
  Program.......................................................150,000
LaSalle University, Philadelphia PA for abstinence education and 
  related services..............................................112,000
Life House, Duluth, MN for transitional and supportive housing 
  facilities for youth that are homeless, have mental health or 
  substance abuse problems or are otherwise in need of such serv200,000
Mary's Family, Orlean, VA........................................75,000
Mercy Hospital of Pittsburgh, Pittsburgh, PA for abstinence education 
  and related services..........................................111,000
Monterey County Probation Department, Salinas, CA for a gang prevention 
  and intervention program....................................1,300,000
National Energy Assistance Directors Association, Washington, DC for 
  studies regarding low-income home energy assistance...........200,000
Neighborhood United Against Drugs, Philadelphia, PA for abstinence 
  education and related services................................136,000
Network for Family Life Education, Piscataway, NJ for the Teen-to-Teen 
  Education Project to encourage teens to make responsible choices 
  about sexual health...........................................300,000
New Brighton School District, New Brighton, PA for abstinence education 
  and related services...........................................23,000
Nexus Diversified Community Services in Minneapolis, MN to treat 
  developmentally delayed adolescent males....................1,000,000
Nueva Esperanza, Philadelphia, PA for abstinence education and related 
  services.......................................................72,000
Ohel Children's Home and Family Services, Brooklyn, NY for school-based 
  programs to prevent substance abuse, violence, child abuse and 
  related problems..............................................340,000
Ohio Educational Television Stations (OETS), Toledo, OH for the Ohio 
  Cares project.................................................200,000
Operation Warm, Chadds Ford, PA--Pennsylvania Youth Coat Distribution 
  Project.......................................................125,000
Orange County, Orlando, FL, for Harbor House to provide services to 
  victims of abusive relationships..............................150,000
Parents Anonymous, Claremont, CA to establish, operate, publicize and 
  maintain a national parent helpline, toll free, 24 hours a day, 7 
  days a week, for parents throughout the US.....................32,000
Partners for Healthier Tomorrows, Ephrata, PA for abstinence education 
  and related services...........................................50,000
Partners in Family and Community Development, Athens, PA for abstinence 
  education and related services.................................72,000
Perseus House, Inc., Erie, PA for abstinence education and related 
  services.......................................................50,000

[[Page H10664]]

Potter County Court of Common Pleas, Coudersport, PA to implement the 
  Youth/Community project to break the cyclical effect of the 
  dysfunctional family..........................................100,000
Potter County Human Services, Roulette, PA for abstinence education and 
  related services...............................................50,000
Providence House, Shreveport, LA--Child Development Center......166,000
Puerto Rico Administration for Children and Families, San Juan, PR for 
  implementation of automated information systems for child welfare and 
  other programs................................................600,000
Rape and Victim Assistance Center of Schuykill County, Pottsville, PA 
  for abstinence education and related services..................71,000
Real Alternatives, Harrisburg, PA, for counseling and pregnancy support 
  services......................................................150,000
Real Commitment, Gettysburg, PA for abstinence education and related 
  services.......................................................82,000
Resources for Human Development, Inc., Philadelphia, PA to support an 
  outreach project organizing groups focusing on social services to 
  low-income families............................................25,000
School District of Lancaster, Project IMPACT, Lancaster, PA for 
  abstinence education and related services.....................101,000
School District of Philadelphia, Philadelphia, PA for abstinence 
  education and related services................................102,000
Shaw Jewish Community Center of Akron, OH.......................200,000
Shepherd's Maternity House Inc., East Stroudsburg, PA for abstinence 
  education and related services.................................50,000
Silver Ring Thing South Carolina, Columbia, SC to establish an 
  innovative abstinence education program.......................100,000
Silver Ring Thing, Sewickley, PA for abstinence education........75,000
Sisters of Charity Foundation of Canton, OH--Quality Child Care 
  Initiative....................................................100,000
T.O.P.S. FOR YOU, Inc., Brooklyn, NY for services to children and 
  families at the Garrity Post Daycare Center...................400,000
To Our Children's Future with Health, Inc., Philadelphia, PA for 
  abstinence education and related services.....................109,000
Tri County Women's Network, New Carlisle, OH for programs serving 
  pregnant women in crisis who choose to keep their babies learn to 
  become self-sufficient........................................150,000
Tuscarora Intermediate Unit, McVeytown, PA for abstinence education and 
  related services...............................................84,000
Uhlich Children's Advantage Network, Chicago, IL for programs at its 
  Family Resource Center in Riverdale to increase self-sufficiency, 
  improve parenting skills and reduce family violence among teenage and 
  young adult parents...........................................150,000
United Christian Ministries Inc., Osceola, PA for social services 
  focusing on homeless families..................................75,000
Urban Family Council, Philadelphia, PA for abstinence education and 
  related services..............................................126,000
Victim Resource Center Inc., Franklin, PA for abstinence education and 
  related services...............................................41,000
Visitation Home, Inc., Yardville, NJ, to support services for 
  developmentally disabled residents............................100,000
Volunteers of America/Alaska in Anchorage, AK, in cooperation with the 
  State of Alaska Dept. of Health and Human Services, for a respite 
  camp for children being raised by grandparents in Alaska......200,000
Warren Coalition, Front Royal, VA--Family Care Connections......150,000
Washington Hospital Teen Outreach, Academy for Adolescent Health, 
  Washington, PA for abstinence education and related services..136,000
West Central Wisconsin Community Action Agency, Glenwood City, WI for 
  the Western Wisconsin JumpStart Replication Project to assist TANF 
  households in purchasing reliable automobiles to help them secure and 
  maintain employment...........................................300,000
Women's Care Center of Erie County, Inc. to support prenatal medical 
  services to an at-risk population.............................100,000
Women's Care Center of Erie County, Inc., Abstinence Advantage Program, 
  Erie, PA for abstinence education and related services........136,000
Women's Haven of Tarrant County, Inc., Fort Worth, TX--services at an 
  emergency domestic violence shelter and for a 24-hour emergency 
  hotline........................................................55,000
YMCA of Metropolitan Fort Worth-McDonald Community Branch, Fort Worth, 
  TX--Together Reaching Unity Concerning Everyone (TRUCE) progra175,000
York County Human Life Services, Inc. York, PA for abstinence education 
  and related services...........................................50,000
Youth Crisis Center, Jacksonville, FL, for family and youth coun100,000
YWCA of Bucks County, Trevose, PA to promote strong families, positive 
  youth development and safe communities.........................50,000
ZERO TO THREE, Washington, DC, for the development of multidisciplinary 
  Court Teams to raise awareness and increase knowledge and skills 
  regarding the needs of maltreated infants and toddlers and their 
  families involved in the child welfare system to include a program in 
  Fort Bend County, Texas.....................................1,000,000
     Developmental Disabilities
       Within developmental disabilities programs, the conference 
     agreement includes $38,416,000 for protection and advocacy 
     services as proposed by the House instead of $40,000,000 as 
     proposed by the Senate. The conferees intend that technical 
     assistance be provided through a competitive multiyear grant 
     with a national nonprofit organization that has the 
     demonstrated capacity to carry out these activities. The 
     conferees intend that the technical assistance be responsive 
     to requests from the protection and advocacy network, based 
     on the identified needs of individuals with disabilities and 
     do not intend that technical assistance funds be used for 
     administrative responsibilities of the agency administering 
     the programs.
       The conference agreement includes $15,000,000 for voting 
     access for individuals with disabilities as proposed by the 
     House rather than $14,912,000 as proposed by the Senate. 
     Within the funds provided, $5,000,000 shall be for State 
     protection and advocacy systems, the same level as proposed 
     by the House rather than $4,912,000 as proposed by the 
     Senate.
       The conference agreement also includes $11,642,000 for 
     projects of national significance as proposed by both the 
     House and the Senate. Within the funds for special projects, 
     $4,000,000 is available to expand the activities of the 
     Family Support Program.
       For university centers for excellence in developmental 
     disabilities, the conference agreement includes $31,803,000 
     as proposed by the Senate instead of $26,803,000 as proposed 
     by the House. The level provides funding for existing centers 
     at the authorized level and will support a new grant 
     competition permitting new centers to join the network.
     Native American Programs
       The conference agreement includes $45,157,000 for Native 
     American programs as proposed by the Senate, instead of 
     $45,155,000 as proposed by the House.
     Community Services
       The conference agreement includes $641,935,000 for the 
     community services block grant rather than $627,500,000 as 
     proposed by the House and $650,000,000 as proposed by the 
     Senate. The conferees direct the Secretary to prepare a 3-
     year strategic plan for the office of community services use 
     of training and technical assistance funds in the fiscal 
     years 2005-2008, as requested by the House, and should be 
     provided to the House and Senate Committees on Appropriations 
     by no later than June 15, 2005.
       The conference agreement includes $33,000,000 for economic 
     development instead of $32,492,000 as proposed by the House 
     and $38,000,000 as proposed by the Senate. The conferees 
     expect this appropriation to be used for the principal 
     purpose of the program, which is making grants to experienced

[[Page H10665]]

     community development corporations working in low-income 
     urban and rural communities.
       Within the total for community economic development, 
     $5,481,000 is provided for the job opportunities for low-
     income individuals program authorized by the Family Support 
     Act. The conferees direct that of the funds allocated for the 
     job opportunities for low-income individuals program, not 
     more than $500,000 be set-aside for program support and 
     technical assistance as proposed by the House. The Senate did 
     not include a similar restriction.
       The conference agreement includes $7,300,000 for rural 
     community facilities instead of $7,184,000 as proposed by the 
     House and $7,500,000 as proposed by the Senate.
       The conference agreement provides $18,000,000 for the 
     National youth sports program as proposed by the House. The 
     Senate did not propose funding for this program.
       The conference agreement includes $7,238,000 for community 
     food and nutrition as proposed by the Senate. The House did 
     not propose funding for this program.
     Violent Crime Reduction Programs
       For the domestic violence hotline, the conference agreement 
     includes $3,250,000 rather than $3,000,000 as proposed by the 
     House and $3,500,000 as proposed by the Senate.
       For family violence prevention and services and battered 
     women's shelters, the conference agreement includes 
     $126,648,000 instead of $125,648,000 as proposed by the House 
     and $128,000,000 as proposed by the Senate.
     Early Learning Fund
       For the early learning fund, the conference agreement 
     includes $36,000,000 as proposed by the Senate. The House did 
     not include funding for this program.
     Independent Living Training Vouchers
       The conference agreement includes $47,000,000 for 
     independent living training vouchers instead of $50,000,000 
     as proposed by the House and $44,734,000 as proposed by the 
     Senate.
     Community-based Abstinence Education
       The conference agreement includes $104,500,000 for 
     community-based abstinence education as proposed by the 
     Senate instead of $109,546,000 as proposed by the House. The 
     conference agreement includes $4,500,000 in program 
     evaluation funds for the abstinence education program and 
     $100,000,000 in budget authority. The conferees concur with 
     language included in the House report regarding technical 
     assistance and capacity-building support to grantees. The 
     Senate report did not include similar language.
       Within the total for community-based abstinence education, 
     up to $10,000,000 may be used to carry out a national 
     abstinence education campaign as proposed by the House. The 
     Senate proposed $2,500,000 for the campaign within the Office 
     of the Secretary. Prior to advertising the availability of 
     funds for any grant or contract for the national abstinence 
     education campaign, the conferees request that the Department 
     of Health and Human Services brief the House and Senate 
     Committees on Appropriations regarding the planned use of 
     these funds.
     Center for Faith-based and Community Initiatives
       The conference agreement provides $1,386,000 for the center 
     for faith-based and community initiatives as proposed by the 
     Senate rather than $1,400,000 as proposed by the House.
     Program Direction
       The conference agreement includes $187,050,000 for program 
     direction instead of $190,206,000 as proposed by both the 
     House and the Senate.


                   Promoting Safe and Stable Families

       The conference agreement includes $99,383,000 for the 
     discretionary grant program of promoting safe and stable 
     families as proposed by the Senate rather than $105,000,000 
     as proposed by the House.

                        Administration on Aging


                        aging services programs

       The conference agreement includes $1,404,634,000 for aging 
     services programs instead of $1,403,479,000 as proposed by 
     the House and $1,395,117,000 as proposed by the Senate. 
     Within the total, $5,500,000 is available for medication 
     management, screening, and education activities as proposed 
     by the House in bill language and by the Senate in report 
     language. The detailed table at the end of this joint 
     statement reflects the activity distribution agreed to by the 
     conferees.
       The conference agreement includes $21,790,000 for 
     preventive health rather than $21,919,000 as proposed by both 
     the House and the Senate.
       The conference agreement includes $19,444,000 for 
     activities for the protection of vulnerable older Americans 
     instead of $18,559,000 as proposed by the House and 
     $20,474,000 as proposed by the Senate. Within the funds 
     provided $14,276,000 is provided for the ombudsman services 
     program.
       The conference agreement includes $724,497,000 for 
     nutrition programs rather than $730,178,000 as proposed by 
     the House and $718,814,000 as proposed by the Senate. Within 
     the total, $390,397,000 is provided for congregate meals 
     rather than $392,148,000 as proposed by the House and 
     $388,646,000 as proposed by the Senate, $184,301,000 is 
     provided for home delivered meals rather than $187,616,000 as 
     proposed by the House and $180,985,000 as proposed by the 
     Senate, and $149,799,000 is provided for the nutrition 
     services incentives program rather than $150,414,000 as 
     proposed by the House and $149,183,000 as proposed by the 
     Senate.
       The conference agreement includes $11,883,000 for 
     Alzheimer's disease demonstrations instead of $11,500,000 as 
     proposed by the House and $12,883,000 as proposed by the 
     Senate.
       The conference agreement includes $43,640,000 for program 
     innovations instead of $37,943,000 as proposed by the House 
     and $37,647,000 as proposed by the Senate. The conferees 
     continue to support funding at no less than last year's level 
     for national programs scheduled to be refunded in fiscal year 
     2005 that address a variety of issues, including elder abuse, 
     native American issues and legal services.
       Within the funding provided, the conference agreement 
     includes $3,000,000 for social research into Alzheimer's 
     disease care options, best practices and other Alzheimer's 
     research priorities that include research into cause, cure 
     and care, as well as respite care, assisted living, the 
     impact of intervention by social service agencies on victims, 
     and related needs. The agreement recommends this research 
     utilize and give discretion to area agencies on aging and 
     their non-profit divisions in municipalities with aged 
     populations (over the age of 60) of over 1,000,000, with 
     preference given to the largest population. The conferees 
     also recommend that unique partnerships to affect this 
     research be considered for the selected area agency on aging.
       Given the enormous demands on Alzheimer's family 
     caregivers, the conferees have included $1,000,000 to support 
     an Alzheimer's family contact center for round-the-clock help 
     to Alzheimer's families in crisis.
       The conference agreement includes the following amounts for 
     the following projects and activities in fiscal year 2005:
Alzheimer's Association--North Central Texas Chapter, Fort Wort$100,000
Boise State University, Boise, ID, for the Center for the Study of 
  Aging.........................................................400,000
Carolinas Center for Hospice and End of Life Care, Cary NC for 
  development of a national data collection system on the needs of end-
  of-life and terminally ill patients...........................100,000
City of Rancho Cucamonga, CA, for a Senior Health, Nutrition and 
  Transportation Program........................................150,000
College Misericordia, Dallas, PA................................100,000
Commission on Jewish Eldercare Services, Jewish Federation of 
  Metropolitan Detroit, Bloomfield Hills, MI for a naturally occurring 
  retirement community demonstration............................500,000
Comprehensive Housing Assistance, Inc in Baltimore, MD, for a Naturally 
  Occurring Retirement Communities (NORC) demonstration.........712,000
CyberSeniors, Inc., Detroit, MI--Experience Senior Power Program300,000
Faith in Action of Central Stark County, Inc., Louisville, OH....50,000
Family Caregiver Alliance, San Francisco, CA for a National Resource 
  Center on Family Caregiving...................................250,000
Forsyth County Senior Services, Winston-Salem, NC to improve capacity 
  of senior support services through civic, church and volunteer 
  efforts.......................................................500,000
Foundation on Aging, Merriam, KS for design and execution of programs 
  to improve community-based care for older adults..............150,000
Greater Miami Jewish Federation, Inc., Miami, FL, for its ``Aging in 
  Place'' Initiative............................................100,000
Haddington Multi Services for Older Adults, Philadelphia, PA for 
  demonstration programs involving education, counseling, and services 
  to help seniors with chronic illnesses or disabilities continue 
  living in their homes.........................................100,000
Iowa Department of Elder Affairs to establish the Office of Substitute 
  Decision Maker................................................400,000
Jefferson Area Board for Aging, Charlottesville, VA, for a study of the 
  long-term care environment for those being cared for and their 
  caregivers....................................................100,000
Jefferson Regional Medical Center, Pittsburgh, PA for senior ser100,000

[[Page H10666]]

Jewish Association for Services for the Aged, New York, NY for a 
  naturally occurring retirement community demonstration in Co-Op City 
  in the Bronx..................................................250,000
Jewish Community Federation of Cleveland, Cleveland, OH for a Naturally 
  Occurring Retirement Community resource center.................50,000
Jewish Family & Child Service, Portland, OR, for a Naturally Occurring 
  Retirement Communities (NORC) demonstration project............30,000
Jewish Family and Children's Service of Greater Mercer County, 
  Princeton, NJ--NORC ``Aging in Place'' Initiative.............125,000
Jewish Family and Children's Service of Greater Philadelphia, 
  Philadelphia, PA for a Naturally Occurring Retirement Communities 
  (NORC) demonstration program..................................300,000
Jewish Family and Children's Service of Minneapolis, Minnetonka, MN--
  NORC ``Aging in Place'' Initiative............................100,000
Jewish Family and Children's Service, Sarasota, FL, for a Naturally 
  Occurring Retirement Communities ``Aging in Place'' initiative.75,000
Jewish Family Service of Albuquerque, NM to support a Naturally 
  Occurring Retirement Communities (NORC) demonstration project.500,000
Jewish Family Service of Buffalo and Erie County New York, Buffalo, 
  NY--NORC project...............................................50,000
Jewish Family Service of Rochester, Inc., Rochester, NY--NORC pro50,000
Jewish Family Service of Sacramento, CA for a naturally occurring 
  retirement community demonstration............................200,000
Jewish Family Service of Salt Lake City, Utah for a Naturally Occurring 
  Retirement Communities (NORC) demonstration project...........300,000
Jewish Family Service of San Diego, CA--Naturally Occurring Retirement 
  Community ``Aging in Place'' demonstration....................150,000
Jewish Family Service, Cincinnati, OH--Naturally Occurring Retirement 
  Communities Aging in Place initiative.........................100,000
Jewish Family Service, Clifton, NJ for a naturally occurring retirement 
  community demonstration initiative............................200,000
Jewish Family Services of Los Angeles, CA for a Naturally Occurring 
  Retirement Communities (NORC) demonstration...................500,000
Jewish Federation of Central New Jersey, Scotch Plains, NJ, for a 
  Naturally Occurring Retirement Communities (NORC) demonstratio200,000
Jewish Federation of Des Moines, IA for a naturally occurring 
  retirement community demonstration............................300,000
Jewish Federation of Greater Atlanta, GA, for a Naturally Occurring 
  Retirement Communities (NORC) demonstration project...........100,000
Jewish Federation of Greater Washington, Rockville, MD for a Naturally 
  Occurring Retirement Communities demonstration project......1,000,000
Jewish Federation of Las Vegas, NV, for a NORC program..........250,000
Jewish Federation of Los Angeles, California, for a Naturally Occurring 
  Retirement Communities (NORC) demonstration project...........150,000
Jewish Federation of Metropolitan Chicago, Chicago, IL for continued 
  implementation of its Naturally Occurring Retirement Communities 
  demonstration program.........................................150,000
Jewish Federation of Southern New Jersey, Cherry Hill, NJ--Naturally 
  Occurring Retirement Communities ``Aging in Place'' Initiative400,000
Jewish Federation of St. Louis, Missouri for a Naturally Occurring 
  Retirement Communities (NORC) demonstration project...........225,000
Leon Mathieu Senior Center, Pawtucket, RI for the HOME ALONE program of 
  services to help elders maintain themselves in the community as long 
  as possible....................................................25,000
Madlyn and Leonard Abramson Center for Jewish Life, North Wales, PA to 
  expand their family caregiver programs.........................75,000
Medford Senior Center, Medford, OR--Senior Advocacy Program......25,000
Mount Airy Bethesda, Inc., Philadelphia, PA to provide a computer-
  focused program for senior citizens...........................300,000
PACE CNY, North Syracuse, NY--third PACE Center.................450,000
Rebuilding Together, Inc., Washington, DC for education, training, 
  technical assistance and other services related to its national 
  program to reduce the risk of injury to seniors through home 
  modifications.................................................400,000
Saint Luke Lutheran Community, North Canton, OH--Nursing Home Quality 
  Improvement Project...........................................250,000
SCC Senior Adult Center, Brooklyn, NY for a demonstration project 
  involving support services for frail elderly living alone.....300,000
Shenandoah Area Agency on Aging, Inc., Front Royal, VA...........50,000
Southcare, Inc., Glenside, PA for nutrition counseling and elderly 
  services.......................................................25,000
State University System of Florida, Type I Policy and Exchange Center 
  on Aging, Tampa, FL--Preparing for an Aging America Project.1,000,000
United Jewish Federation of Greater Pittsburgh, Pittsburgh, PA for a 
  Naturally Occurring Retirement Communities (NORC) demonstration 
  project.......................................................100,000
University of Indianapolis, Indianapolis, IN for expansion of programs 
  and services offered by the Center for Aging and Community....320,000
University of Missouri, Columbia for development and evaluation of 
  technology to support independence of seniors...............1,000,000
University of Wisconsin-Milwaukee in Milwaukee, WI to establish 
  training and research programs on dementia....................300,000
Utah Department of Human Services for computer training that will allow 
  seniors to live independently and remain engaged with their com30,000
Vermont Department of Aging and Independent Living, Waterbury, VT for a 
  demonstration project involving rural multi-purpose senior cen280,000
Visiting Nurse Association Healthcare Partners of Ohio, Cleveland, OH--
  Healthy Town..................................................250,000
Wasilla Area Seniors, Inc., Wasilla, AK for programs at Knik Man300,000
Wexner Heritage Village, Columbus, OH--NORC ``Aging in Place'' 
  initiative.....................................................50,000
Wisconsin Alzheimer's Association Chapter Network in Madison, WI to 
  provide Certified Dementia Care Specialist training...........400,000

                        Office of the Secretary


                    General Departmental Management

       The conference agreement includes $371,975,000 for general 
     departmental management instead of $349,298,000 as proposed 
     by the House and $376,704,000 as proposed by the Senate, 
     along with $55,851,000 from Medicare trust funds. In 
     addition, $21,552,000 in program evaluation funding is 
     provided.
       The conference agreement does not include language reducing 
     funding for the account

[[Page H10667]]

     by a total of $31,000,000, which was contained in the House 
     bill.
       The conference agreement includes bill language providing 
     $13,120,000 for abstinence service demonstration grants as 
     proposed by the House instead of $16,891,000 as proposed by 
     the Senate.
       The conference agreement does not include bill language 
     earmarking $25,000,000 for a new health care information 
     technology program as proposed by the House.
       The conference agreement does not include bill language 
     identifying $2,500,000 for a national abstinence education 
     campaign as proposed by the Senate. The conferees provide 
     that up to $10,000,000 of the funds provided for abstinence 
     education within the Administration for Children and Families 
     may be used for such an education campaign.
       The conference agreement includes bill language providing 
     $6,000,000 for assistance to maternal and child health 
     clinics in Afghanistan as proposed by the Senate instead of 
     $5,000,000 as proposed by the House.
       The conference agreement includes bill language proposed by 
     the Senate limiting the funding available to the HHS Office 
     of the Assistant Secretary for Legislation to no more than 
     $2,754,000. The House did not have a similar provision.
       The conference agreement includes bill language providing 
     $50,000,000 from the Medicare trust funds to be transferred 
     to the Social Security Administration for processing Medicare 
     appeals. The House and Senate bills had provided this funding 
     within the CMS program management account.
       The conference agreement includes bill language directing 
     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, be transmitted to 
     the Committees on Appropriations in a prompt professional 
     manner and within the time frame specified in the request. 
     The bill language further directs that scientific information 
     requested by the Committees on Appropriations and prepared by 
     government researchers and scientists be transmitted to the 
     Committees on Appropriations, uncensored and without delay. 
     The Senate report included similar language. The House did 
     not include such a provision in either bill or report 
     language.
       The conferees include the amounts within the Office of the 
     Secretary for the following projects and activities in fiscal 
     year 2005 listed below:

A technology internet based weight loss demonstration program for 1,000 
  federal employees at the Department of Health and Human Services 
  headquarters, with use of the latest technology, including a private 
  automated weigh station to track participants' progress; daily email 
  support on nutrition and exercise; and education and detailed 
  instruction on exercise techniques, meal ideas and motivational 
  success stories...............................................$35,000
Advertising Council, Inc., New York, NY, for an adult oriented public 
  service campaign focusing on underage drinking................250,000
Children's Hospital & Regional Medical Center in Seattle, WA, to 
  establish to the Center for Pediatric Bioethics...............340,000
Community Transportation Association of America for TA to human 
  services transportation providers on ADA requirements.......1,000,000
Delaware Health Information Network, Dover, DE..................700,000
Erie County Department of Health, Buffalo, NY for the Western NY 
  Regional Health Information Infrastructure....................300,000
Florida Institute of Technology, Melbourne, FL for the Center for 
  Information Assurance.........................................400,000
Foundation for eHealth Initiative, Washington, DC.............4,000,000
Palmer College on Chiropractice, Consortial Center for Chiropractic 
  Research in Davenport, Iowa, and the Policy Institute for Integrative 
  Medicine in Philadelphia, PA for a best practices initiative on lower 
  back pain.....................................................200,000

       The conferees include the amounts for the following Office 
     of Minority Health projects and activities in fiscal year 
     2005 listed below:

California State University, Long Beach, for professional training, 
  research and health initiatives at the NCLR Center for Latino 
  Community Health, Leadership Training and Evaluation.........$500,000
Esther's Pantry of the Metropolitan Community Church of Portland, OR to 
  provide food and supplies for people living with AIDS..........30,000
Hispanic Health Initiatives, Inc in Central Florida for an educational 
  program on Type-2 Diabetes....................................100,000
Hospices of the National Capital Region, Hospice of Northern Virginia, 
  Fairfax, VA...................................................300,000
Huston-Tillotson College, Austin, Texas, for the Huston-Tillotson 
  College Systems of Care Wraparound Initiative for underserved 
  children......................................................250,000
Nazareth Hospital, Philadelphia, PA to establish stroke treatment and 
  prevention programs for African American seniors..............250,000
Our Lady of the Lake, Baton Rouge, LA for the South LA Community Health 
  Alliance......................................................100,000
Padres Contra El Cancer, Glendale, CA for patient education and family 
  support services for Latino children with cancer and their fam150,000
Phoebe Putney Memorial Hospital, Albany, Georgia to expand the School 
  Nurse Program in school-based health clinics serving minority 
  populations...................................................100,000
Pregnancy Crisis Center, Wichita, KS, for development of a STD 
  integrity program.............................................420,000
Saint Francis Hospital, Wilmington, DE, to expand health outreach 
  programs to minority and underserved communities..............250,000
South Fork Community Health Initiative, East Hampton, NY for programs 
  to improve health services and access to care for minority and 
  underserved persons...........................................100,000
Town of Herndon, Herndon VA, for Neighborhood Resource Center....50,000
University of Medicine and Dentistry of New Jersey, School of Public 
  Health, Piscataway, NJ for research, education and community outreach 
  activities of the Institute for the Elimination of Health Disparities 
  in Newark.....................................................650,000
University of Pittsburgh Medical Center, Braddock, PA to develop and 
  implement a health care delivery model that will provide services to 
  a historically underserved population.........................100,000
University of South Carolina Arnold School of Public Health, Columbia, 
  SC, for the Institute for Partnerships to Eliminate Health 
  Disparities...................................................275,000
University of Texas Southwestern Medical Center, Dallas, TX (in 
  cooperation with UT Dallas) for a program to recruit minority 
  students into biomedical research (including outreach, mentoring and/
  or scholarships and fellowships)..............................150,000

       The conference agreement includes $1,000,000 to continue 
     the embryo adoption awareness campaign, as proposed by the 
     Senate. The House report did not include a similar provision.
       The conference agreement includes $3,000,000 to establish a 
     Citizens' Health Care Working Group as authorized in the 
     Medicare Modernization Act. The Senate proposed $3,000,000 
     for this activity; the House report did not contain a similar 
     provision.
       The conference agreement includes $500,000 for a study by 
     the Institute of Medicine regarding the training of 
     physicians for public health careers, as proposed by the 
     Senate. The House report did not contain a similar provision.
       The conference agreement includes $1,000,000 to establish 
     an interagency committee to examine major regulations 
     governing the health care industry to simplify them to reduce 
     cost. The House report provided $2,000,000 through policy 
     evaluation funds for this activity. The Senate report did not 
     contain a similar provision.
       The conferees are concerned about the absence of mechanisms 
     to ensure the delivery of necessary psychosocial care to 
     individuals with cancer and their family members. The 
     conference agreement provides $1,000,000 for the Secretary, 
     working in collaboration with the Institute of Medicine and 
     relevant government agencies and non-profit entities, to

[[Page H10668]]

     study the delivery of psychosocial services to cancer 
     patients and their families in the community setting. 
     Specifically, the report should include an analysis of: (1) 
     the capacity of the current mental health and oncology 
     provider system to deliver such care and the anticipated 
     resources required nationwide; (2) available training 
     programs for professionals providing psychosocial and mental 
     health services; and (3) existing barriers to access to such 
     care. The Secretary is encouraged to issue recommendations to 
     address these issues.
       The conferees support the efforts of HHS to provide for a 
     stronger and more consistent approach to the review process 
     for drug and most therapeutic biologics used to diagnose, 
     treat, and prevent cancer.
       Unprecedented progress in fields such as nanotechnology, 
     proteomics, and genomics hold the promise of vast 
     improvements in our ability to prevent cancer, diagnose it an 
     earlier stage, and treat it more effectively through targeted 
     therapies. The conferees encourage and support the efforts of 
     HHS agencies, including NCI and FDA, to keep pace with 
     scientific discovery in these areas, particularly as they 
     apply to the prevention and early detection of cancer.
       The conferees intend that, of the funding provided to the 
     Office of Minority Health, no less than the fiscal year 2004 
     funding level be allocated to a culturally competent and 
     linguistically appropriate public health response to the HIV/
     AIDS epidemic.

                      Office of Inspector General

       The conference agreement includes $40,323,000 for the 
     Office of Inspector General as proposed by both the House and 
     the Senate. The conference agreement concurs with House bill 
     language pertaining to the hire of passenger motor vehicles 
     for investigations. The Senate did not include this language.


                            Policy Research

       The conference agreement provides $20,750,000 for policy 
     research from program evaluation funding, which is the same 
     as the amount proposed in the House bill. The Senate proposed 
     $28,750,000 for this activity through program evaluation 
     funding.


            Public Health and Social Services Emergency Fund

       The conference agreement includes $2,308,287,000 for the 
     Public Health and Social Services Emergency Fund (PHSSEF) to 
     enhance Federal, State, and local preparedness to counter 
     potential biological, disease, chemical, and radiological 
     threats to civilian populations, instead of $2,352,247,000 as 
     proposed by the House and $2,330,058,000 as proposed by the 
     Senate.
       The conference agreement continues bill language, 
     applicable during fiscal year 2004, exempting from any 
     personnel ceiling applicable to the Agency, Service, or the 
     Department of Health and Human Services 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 during their period detail or assignment.
       The conference deletes bill language proposed by the House 
     relating to the transfer of Strategic National Stockpile 
     assets, unexpended balances, and liabilities from the 
     Department of Homeland Security to the Department of Health 
     and Human Services. This language is no longer necessary 
     because similar provisions already have been enacted into 
     law.
       Within the amount provided: $1,173,300,000 is for the 
     Centers for Disease Control and Prevention; $400,000,000 is 
     for the Strategic National Stockpile; $523,149,000 is for the 
     Health Resources and Services Administration; $47,400,000 is 
     for the National Institutes of Health; and $64,438,000 is for 
     the Office of the Secretary.
       Within the amounts available to the Centers for Disease 
     Control and Prevention (CDC): $934,300,000 is for State and 
     Local Preparedness, including $871,900,000 to be provided to 
     State and local health departments through grants and 
     cooperative agreements; $142,200,000 is for Upgrading CDC 
     Capacity; $80,000,000 is to support and expand 
     biosurveillance activities; and $16,800,000 is for the 
     research program on anthrax vaccine.
       The conferees concur with language in the Senate report 
     regarding the provision of funding for the Health Alert 
     Network at not less than the fiscal year 2004 level.
       The conference agreement includes sufficient funds to 
     continue to discover, develop, and transition anti-infective 
     agents to combat emerging diseases from within amounts 
     available for Upgrading CDC Capacity.
       Within the funds available to the Health Resources and 
     Services Administration (HRSA) is $495,405,000 for Hospital 
     Preparedness and $27,744,000 to provide incentives for 
     curricular reform in health professions schools and the 
     delivery of continuing education to those already in 
     practice.
       The conferees are aware of concerns that no single 
     organization is equipped to respond to the diverse needs of 
     citizens in the wake of a terrorist incident. The conferees 
     encourage the Secretary to work with organizations with 
     experience in working with national-level entities in 
     disaster situations to develop a technical assistance, social 
     response model that can be incorporated into the process of 
     emergency management and pre-disaster planning in 
     communities.
       The conferees applaud CDC's commitment to continue the 
     implementation and evaluation of the Lehigh Valley, PA 
     Bioterrorism Response Pilot.
       In addition to the funds for terrorism preparedness and 
     response, the conference agreement includes $100,000,000 for 
     activities to ensure year-round production capacity of 
     influenza vaccine, instead of $60,000,000 as proposed by the 
     House and $75,000,000 as proposed by the Senate.
       The conference agreement includes bill language proposed by 
     the Senate to permit pandemic preparedness funding to be used 
     to purchase influenza vaccine.

                           General Provisions


                          Head Start Salaries

       The conference agreement includes a general provision that 
     prohibits the use of funds for Head Start 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, as proposed by the House. The Senate bill 
     did not contain a similar provision.


                        Evaluation Tap Authority

       The conference agreement includes a provision to allow for 
     a 2.4 percent evaluation tap pursuant to section 241 of the 
     Public Health Service Act. This tap is to be applied to 
     programs authorized under the Public Health Service Act. The 
     House bill contained a provision to allow for a 2.3 percent 
     evaluation tap and the Senate bill allowed for a 2.5 percent 
     evaluation tap.


                     One Percent Transfer Authority

       The conference agreement modifies language proposed by the 
     Senate providing the Secretary of HHS with the authority to 
     transfer up to 1 percent of discretionary funds 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. Additionally, a program, project or activity 
     may be increased up to an additional 2 percent subject to 
     written approval of the House and Senate Appropriations 
     Committees.


              Refugee Status of Certain Persecuted Groups

       The conference agreement includes a provision proposed by 
     the Senate to extend the refugee status for persecuted 
     religious groups. The House bill contained no similar 
     provision. The conferees intend to fully protect religious 
     minority refugee applicants from Iran, including the current 
     caseload of Iranian Christians, Jews, Bahai, Mandeans and 
     Zoroastrians. Therefore, the Administration should implement 
     the provisions of section 213 of the conference report with 
     respect to new applications, as well as to review previously 
     denied applications for refugee applicants who have remained 
     outside of Iran without a viable solution after being denied 
     refugee status.


                 Council on Graduate Medical Education

       The conference agreement includes a general provision 
     proposed by the Senate allowing for the continued operation 
     of the Council on Graduate Medical Education. The House bill 
     contained no similar provision.


                   Cancer Hospital Construction Loans

       The conference agreement does not include a general 
     provision proposed by both the House and Senate that 
     rescinded funds appropriated by section 1897(g) of the Social 
     Security Act.


                         CMS Program Management

       The conference agreement does not include a general 
     provision proposed by the House reducing the amounts provided 
     to CMS program management. The Senate bill contained no 
     similar provision.


                       CDC Management/IT Savings

       The conference agreement does not include a general 
     provision proposed by the House reducing the amounts provided 
     to CDC for management and information technology. The Senate 
     bill contained no similar provision.


                                75% Rule

       The conference agreement includes a general provision that 
     none of the funds appropriated in this Act may be expended by 
     the Secretary of HHS to change the designation of a hospital 
     that was certified by the Secretary as an in-patient rehab 
     facility on or before June 30, 2004 until after a GAO report 
     is issued. This is the same as language in the House bill. 
     The Senate bill prohibited the expenditure of funds, but did 
     not require a GAO report.


                       CMS Office of the Actuary

       The conference agreement does not include a general 
     provision proposed by the House that none of the funds 
     appropriated in this title may be used to impede the exchange 
     of information between the Office of the Actuary of CMS and 
     Congress. The Senate did not propose a similar provision.


                  National Foundations for CDC and NIH

       The conference agreement deletes without prejudice a 
     general provision proposed by the Senate that provides 
     official reception and representation expenses to the 
     National Foundations for CDC and NIH. The House did not 
     propose a similar provision. Funding for this purpose is 
     included in each agency's relevant account.


               Summer Health Career Introductory Programs

       The conference agreement does not include a general 
     provision proposed by the Senate authorizing a new summer 
     health career introductory program for middle and high school 
     students. The House bill contained no similar provision.


                      HHS OIG Oversight Activities

       The conference agreement includes a general provision 
     transferring $25,000,000, rather

[[Page H10669]]

     than $35,000,000 as proposed by the Senate, to the Office of 
     the Inspector General of HHS from amounts previously 
     appropriated under the Medicare Modernization Act for 
     activities relating to oversight of programs. The House bill 
     contained no similar provision.


               Health Professions Student Loan Rescission

       The conference agreement includes a general provision, 
     which rescinds unobligated balances associated with the 
     health professions student loan program authorized in subpart 
     II, federally-supported student loan funds, of title VII of 
     the Public Health Service Act.


                    Nursing Student Loan Rescission

       The conference agreement includes a general provision, 
     which rescinds unobligated balances associated with the 
     nursing student loan program authorized by Section 835 of the 
     Public Health Service Act.


         Medical Facilities Guarantee and Loan Fund Rescission

       The conference agreement includes a general provision, 
     which rescinds unobligated balances, excluding amounts 
     necessary for the costs of potential defaults, associated 
     with the medical facilities guarantee and loan fund within 
     the Health Resources and Services Administration.


            Smallpox Vaccine Injury Compensation Rescission

       The conference agreement includes a general provision, 
     which rescinds $20,000,000 in unobligated balances from 
     amounts appropriated in P.L. 108-11 under the heading 
     ``Public Health and Social Services Emergency Fund'', the 
     smallpox compensation program. The conferees understand that 
     the remaining unobligated balances in the program will be 
     sufficient to cover claims anticipated with at least 200,000 
     more smallpox vaccinations.


 C.W. Bill Young Center for Biodefense and Emerging Infectious Diseases

       The conference agreement includes a general provision 
     naming the Center for Biodefense and Emerging Infectious 
     Diseases (Building 33) at the National Institutes of Health, 
     the C.W. Bill Young Center for Biodefense and Emerging 
     Infectious Diseases.

                   TITLE III--DEPARTMENT OF EDUCATION


                    EDUCATION FOR THE DISADVANTAGED

       The conference agreement includes $14,963,683,000 for 
     Education for the Disadvantaged instead of $15,515,735,000 as 
     proposed by the House and $15,500,684,000 as proposed by the 
     Senate.
       For Grants to Local Educational Agencies (LEAs) the 
     agreement provides $12,842,309,000 instead of $13,342,309,000 
     as proposed by the House and $13,457,607,000 as proposed by 
     the Senate. The conference agreement includes $7,037,592,000 
     for basic grants and $1,365,031,000 for concentration grants. 
     The agreement also includes $2,219,843,000 for targeted 
     grants, and $2,219,843,000 for education finance incentive 
     grants. Concentration grants, targeted grants, and incentive 
     grants are all provided on an advance-funded basis.
       The House proposed $7,037,592,000 for basic grants, 
     $1,365,031,000 for concentration grants, $2,469,843,000 for 
     targeted grants and $2,469,843,000 for education finance 
     incentive grants. The Senate bill proposed $7,104,447,000 for 
     basic grants, $1,365,031,000 for concentration grants, 
     $2,231,954,000 for targeted grants, and $2,756,175,000 for 
     education finance incentive grants.
       The conference agreement includes language proposed by the 
     Senate allowing $1,000,000 of title I evaluation funding to 
     be used to provide technical assistance to States and school 
     districts regarding the title I program. The conference 
     agreement does not include language proposed by the Senate 
     for a supplemental appropriation to States that received less 
     in fiscal year 2004 than they received in fiscal year 2003.
       The conferees believe that states should utilize their four 
     percent school improvement set-aside funds, estimated at 
     $514,000,000 in fiscal year 2005, to support implementation 
     of comprehensive school reform (CSR) models with demonstrated 
     success. The conferees are aware that recent evaluations of 
     the CSR program conducted by the Department of Education show 
     that schools utilizing comprehensive school reforms are more 
     likely to offer professional development for all teachers and 
     to engage in research-based reform. The conferees strongly 
     urge States to examine methods for distributing school 
     improvement funds that will result in awards of sufficient 
     size and scope to support the initial costs of comprehensive 
     school reforms and to limit funding to programs that include 
     each of the reform components described in section 1606(a) of 
     the No Child Left Behind Act of 2001 and have the capacity to 
     improve the academic achievement of all students in core 
     academic subjects within participating schools. The conferees 
     urge states to express a clear competitive preference for CSR 
     programs that have been shown through scientifically based 
     research to be effective, and that are supported by 
     organizations capable of assisting multiple schools and 
     districts.
       The conference agreement includes $226,910,000 for the Even 
     Start program as proposed by the House. The Senate did not 
     propose funding for this program.
       The conference agreement also includes $1,050,000,000 for 
     Reading First State Grants instead of $1,125,000,000 as 
     proposed by the House and $1,062,000,000 as proposed by the 
     Senate. It also includes $105,000,000 for Early Reading First 
     instead of $132,000,000 as proposed by the House and 
     $110,000,000 as proposed by the Senate.
       The conference agreement includes $25,000,000 for Striving 
     Readers as proposed by the Senate instead of $100,000,000 as 
     proposed by the House. Striving Readers will make competitive 
     grants to develop, implement, evaluate and bring to scale 
     reading interventions for middle- or high-school students who 
     are reading significantly below grade level, prioritizing 
     services to those schools and districts with one or more high 
     or middle schools that include a significant number of 
     students reading below grade level. The conferees recognize 
     that both middle and high schools have significant needs, and 
     direct the Secretary to ensure that awards are balanced 
     between these two grade spans, and are of sufficient size and 
     scope to allow for meaningful change that improves student 
     achievement. In addition, the conferees direct the Institute 
     of Education Sciences to work with the Secretary to create a 
     competitive preference system whereby schools would receive 
     priority for awards by agreeing to participate in randomized 
     research studies. One potential system would entail funding 
     schools in pairs, where at random one school would receive a 
     new program immediately and the other would receive it a year 
     later, thereby creating conditions conducive to randomized 
     controlled studies.
       The conference agreement also includes $19,842,000 for 
     Literacy through School Libraries as proposed by the House 
     instead of $22,842,000 as proposed by the Senate.
       The conference agreement includes $50,000,000 for the 
     neglected and delinquent program instead of $48,395,000 as 
     proposed by the House and $52,000,000 as proposed by the 
     Senate.
       The conference agreement does not include $100,000,000 for 
     a new local school improvement program proposed by the 
     Senate.
       The conference agreement includes $207,000,000 for 
     comprehensive school reform instead of $80,000,000 as 
     proposed by the House and $233,613,000 as proposed by the 
     Senate. The conferees intend that $7,050,000 be made 
     available for quality initiatives as authorized in section 
     1608 of ESEA. The conferees also request that the Department 
     submit a letter report no later than May 30, 2005 that 
     identifies those states that have not complied with the 
     statutory requirement for an annual evaluation of the 
     implementation of comprehensive school reforms and describes 
     the steps the Department will take to ensure that such 
     evaluations are meaningful, rigorous and timely.
       The conference agreement also includes $18,888,000 for the 
     migrant education high school equivalency program as proposed 
     by the Senate instead of $22,545,000 as proposed by the 
     House.


                               IMPACT AID

       The conference agreement includes $1,253,893,000 for the 
     Impact Aid programs instead of $1,250,893,000 as proposed by 
     the House and $1,229,527,000 as proposed by the Senate. 
     Within this amount, $1,083,687,000 is provided for basic 
     support payments as proposed by the House instead of 
     $1,063,687,000 as proposed by the Senate and $63,000,000 is 
     provided for payments for Federal property as proposed by the 
     House instead of $61,634,000 as proposed by the Senate. The 
     conference agreement includes language proposed by the House 
     regarding eligibility for school districts that enroll 
     children whose parents have died or been deployed on active 
     duty. The conference agreement includes $48,936,000 for 
     construction programs instead of $45,936,000 as proposed by 
     both the House and the Senate. The agreement also includes 
     the following:

Fairbanks North Star Borough, Fairbanks, AK, for relocation of the 
  district's kitchen facilities..............................$2,000,000
White River School District 47-1, Mellette County, SD.........1,000,000


                      school improvement programs

       The conference agreement includes $5,664,977,000 for School 
     Improvement Programs instead of $5,661,401,000 as proposed by 
     the House and $5,730,632,000 as proposed by the Senate. The 
     agreement provides $4,229,977,000 in fiscal year 2005 and 
     $1,435,000,000 in fiscal year 2006 funding for this account.
       The conference agreement includes $2,940,126,000 for State 
     grants for improving teacher quality instead of 
     $2,950,000,000 as proposed by the House and $2,975,126,000 as 
     proposed by the Senate.
       The conference agreement includes $180,000,000 for math and 
     science partnerships instead of $269,115,000 as proposed by 
     the House and $200,000,000 as proposed by the Senate. In 
     light of the tremendous overlap in math and science goals and 
     objectives between the math and science partnership program 
     and the Advanced Placement (AP) initiatives, grantees are 
     encouraged to incorporate AP training into their proposals. 
     As in the math and science program, the AP professional 
     development initiative focuses on increasing teachers' math 
     and science content understanding to help them meet the 
     highly qualified criteria required under the Elementary and 
     Secondary Education Act as amended by the No Child Left 
     Behind Act of 2001. The AP professional development 
     initiative supports teachers' content development so that all 
     students, regardless of whether or not they take AP, will 
     receive rigorous, challenging math and science instruction. 
     The AP math and science initiative has the primary objective 
     of increasing

[[Page H10670]]

     the number of AP opportunities, AP participation rates, and 
     post-secondary acceptance and success rates for disadvantaged 
     students.
       The conference agreement includes $200,000,000 for the 
     education block grant instead of $20,000,000 as proposed by 
     the House. The Senate did not propose funding for this 
     activity. The agreement also includes $500,000,000 for 
     education technology state grants instead of $600,000,000 as 
     proposed by the House and $691,841,000 as proposed by the 
     Senate. The agreement also includes $999,070,000 for the 21st 
     Century Community Learning Centers program as proposed by the 
     House instead of $1,007,000,000 as proposed by the Senate. 
     The agreement also includes $415,000,000 for State 
     assessments instead of $410,000,000 as proposed by the House 
     and $420,000,000 as proposed by the Senate. The agreement 
     also includes language proposed by the House stating that the 
     amount made available in the fiscal year 2004 bill for state 
     assessments shall not be less than $390,000,000. The 
     agreement also includes language proposed by the House 
     stating that notwithstanding any across-the-board reductions, 
     the amount available for state assessments in fiscal year 
     2005 shall not be less than $400,000,000.
       The conference agreement includes $11,111,000 for the 
     Javits gifted and talented program as proposed by the House 
     instead of $12,111,000 as proposed by the Senate. The 
     agreement also includes $18,000,000 for the foreign language 
     assistance program instead of $19,000,000 as proposed by the 
     Senate. The House did not propose funding for this program. 
     The conference agreement also includes $63,000,000 for 
     education for homeless children instead of $70,000,000 as 
     proposed by the House and $62,000,000 as proposed by the 
     Senate.
       The conference agreement includes $34,500,000 for the 
     Education of Native Hawaiians instead of $36,000,000 as 
     proposed by the Senate and $33,302,000 as proposed by the 
     House. The agreement also includes language notwithstanding 
     any other provision of law to allow funds under this program 
     to 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 as proposed by the 
     Senate. The conferees direct that no less than $1,000,000 
     shall be made available for early childhood activities, no 
     less than $1,000,000 shall be made available to the Hawaii 
     Department of Education for school construction/renovation 
     activities, and $600,000 shall be made available for the 
     University of Hawaii law school's Native Hawaiian legal 
     center.
       The conference agreement includes $34,500,000 for the 
     Alaska Native Educational Equity program instead of 
     $36,000,000 as proposed by the Senate and $33,302,000 as 
     proposed by the House. The agreement also includes language 
     notwithstanding any other provision of law to allow funds 
     under this program to be used for construction, as proposed 
     by the Senate, and directing the Department in use of these 
     funds in specific locations in Alaska.
       The conference agreement includes $172,000,000 for rural 
     education programs, instead of $167,831,000 as proposed by 
     the House and $175,000,000 as proposed by the Senate.
       The conference agreement also includes $18,330,000 for 
     supplemental education grants to the Federated States of 
     Micronesia (FSM) and the Republic of the Marshall Islands 
     (RMI), in accordance with the Compact of Free Association 
     Amendments Act of 2003, as proposed by the House instead of 
     $17,214,000 as proposed by the Senate. The agreement also 
     includes language allowing up to five percent of the grants 
     to be reserved by the FSM and RMI to provide technical 
     assistance, oversight and consultancy services and to allow 
     the Departments of Labor, HHS and Education to be reimbursed 
     for these services. The conference agreement does not include 
     a provision relating to eligibility for individuals in the 
     Republic of Palau as proposed by the Senate.


                       innovation and improvement

       The conference agreement includes $1,101,454,000 for 
     programs in the Innovation and Improvement account, instead 
     of $669,936,000 as proposed by the House and $1,144,346,000 
     as proposed by the Senate.
       The conference agreement includes $20,500,000 for the 
     National Writing Project instead of $17,894,000 as proposed 
     by the House and $24,000,000 as proposed by the Senate.
       The conference agreement includes $120,000,000 for the 
     Teaching of Traditional American History as proposed by the 
     Senate. The House did not propose funding for this activity. 
     The conferees direct the Department to continue its current 
     policy of awarding 3-year grants.
       The conference agreement includes $15,000,000 for school 
     leadership as proposed by the House instead of $16,000,000 as 
     proposed by the Senate. The conference agreement includes 
     $17,000,000 for advanced credentialing activities as proposed 
     by the Senate instead of $18,391,000 as proposed by the 
     House.
       The conference agreement includes $37,279,000 for credit 
     enhancement for charter schools as proposed by the Senate 
     instead of $50,000,000 as proposed by the House.
     Fund for the Improvement of Education (FIE)
       The conference agreement includes $417,418,000 for the Fund 
     for the Improvement of Education.
       Within the total for FIE, the conference agreement includes 
     funding for the following activities in the following 
     amounts:

Reading is Fundamental......................................$25,500,000
Star Schools.................................................21,000,000
Ready to Teach...............................................14,406,000
Exchanges with Historic Whaling and Trading Partners..........8,700,000
Arts in Education............................................35,920,000
Parental Assistance Information Centers......................42,224,000
Excellence in Economics Education Act.........................1,500,000
Women's Educational Equity....................................2,980,000
Teacher Quality initiatives...................................9,500,000
CSR clearinghouse.............................................1,500,000
Facilities clearinghouse........................................700,000
Foundations for Learning grants...............................1,000,000
Mental Health Integration in Schools..........................5,000,000
Peer Review......................................................25,000

       For Arts in Education, the conferees intend that within 
     this total, $7,500,000 is for Very Special Arts, $6,420,000 
     is for the John F. Kennedy Center for the Performing Arts. In 
     addition, $8,000,000 is for model professional development 
     programs for music, drama, dance and visual arts educators 
     and $500,000 is for evaluation activities, as outlined by the 
     Senate. The remaining $13,500,000 is available to continue 
     model arts programs, including a new grant competition.
       The conferees expect that the Office of Safe and Drug-Free 
     Schools will administer the mental health integration grants 
     program.
       While the conferees applaud the Department's efforts to 
     help students learn foreign languages, they remain concerned 
     that the Department, using data provided by the e-Language 
     Learning System (eLLS), is developing web-based learning 
     products that could be used in direct competition with the 
     private sector. The conferees understand that, based on the 
     President's budget request, the Department had no plans to 
     continue this project in fiscal year 2005. However, the 
     conference agreement includes funds for the Star Schools 
     program, which has been the source of funds for this 
     activity. Therefore, the conferees direct the Department not 
     to fund any grant that will compete directly with the private 
     sector and further direct the Department to report to the 
     Committees on Appropriations of the House and Senate on the 
     activities undertaken with federal funds by the e-Language 
     Learning System and their impact on the private sector. The 
     conferees expect to receive this report no later than April 
     15, 2005. The conferees further direct the Department to 
     notify the House and Senate Appropriations Committees 15 days 
     prior to any Department expenditures regarding the eLLS 
     project.
       The conferees direct the Department to implement the Act 
     consistent with their intent, as reflected above, and request 
     an implementation plan to be submitted to the House and 
     Senate Committees on Appropriations within 30 days 
     of enactment of the Department of Education Appropriations 
     Act, 2005. To the extent that the Department wishes to 
     reprogram funds in order to address other activities or 
     alter the allocation of funds for activities listed in the 
     chart above, the conferees expect the Department to follow 
     the guidance provided in this statement of the managers.
       The conferees concur that the Secretary shall notify States 
     that schools that will not receive continuing comprehensive 
     school reform awards with fiscal year 2005 funds shall 
     receive priority for targeted grants and/or technical 
     assistance under section 1003(a) of ESEA.
       Within the total for FIE, the following amounts are also 
     provided:

Reach Out and Read..........................................$10,000,000
Abaertern Academy, Bozeman, MT to support distance learning.....500,000
Abbotsford School District, WI, for after school programs.......250,000
Abilene Christian University, Abilene, TX for reading instruction to 
  children from local school districts..........................100,000
Academy of Fine Arts, Lynchburg, VA for programming, exhibits, and 
  outreach.......................................................50,000
Academy of Urban School Leadership, Chicago, IL, for the Chicago 
  Academy and Chicago Academy High School, including resident st600,000
Access Living, Chicago, for continuation of educational and education 
  access programs for youth with disabilities...................500,000
AFI Silver Theatre and Cultural Center to expand the Screen Education 
  Program in Maryland...........................................100,000
AFSA Education Foundation, Washington DC for MoneySKILL.........200,000

[[Page H10671]]

Afterschool Alliance, Flint, MI, to develop and disseminate model 
  practices and provide technical assistance for after school pr150,000
Akron Zoological Park, Akron, OH for educational programs.......200,000
Alabama School of Math and Science, Mobile, AL for a computer la100,000
Alabama School of Mathematics and Science, Mobile, AL for curriculum 
  development and training.......................................40,000
Alabama Sports Hall of Fame, Birmingham, AL to expand student outreach 
  programs and promote good sportsmanship........................35,000
Alachua County, Gainesville, FL, for an at-risk youth development 
  initiative....................................................100,000
Alaska Educational Services in Anchorage, AK for its Youth Summer 
  Challenge Program.............................................475,000
Alaska Hospitality Alliance Education Foundation, Anchorage, AK for 
  high school hospitality industry training programs............100,000
Alaska Humanities Forum, Anchorage, AK to produce and deliver an 
  Alaskan history curriculum and to train teachers throughout Alaska in 
  its use.......................................................600,000
Alaska Online Consortium in Delta Junction, AK for middle school 
  writing math courses for online delivery across Alaska........300,000
Alaska SeaLife Center in Seward, AK for a Marine Ecosystems Education 
  Program.......................................................250,000
Albuquerque Public Schools, Albuquerque, NM to improve the teaching of 
  math and science..............................................750,000
Alhambra Unified School District, Alhambra, CA, for after-school and 
  other academic programs at Mark Keppel High School.............40,000
All Kinds of Minds Schools Attuned Teacher Training, Chapel Hill, NC 
  for teacher training........................................1,000,000
All Kinds of Minds, Chapel Hill, NC for the Schools Attuned Teacher 
  Training Program in North Texas...............................250,000
Allegheny County Housing Authority, Pittsburgh, PA, for an after school 
  program.......................................................100,000
Allens Lane Art Center, Philadelphia, PA, for scholarships for low-
  income children to participate in summer camp and art classes..50,000
Allentown Art Museum, Allentown, PA, for arts education..........75,000
American Film Institute, Los Angeles, CA, for its Screen Education 
  program.....................................................1,250,000
American Foundation for Negro Affairs (AFNA) National Education and 
  Research Fund, Philadelphia, PA, to raise the achievement level of 
  minority students and increase minority access to higher educa650,000
American Red Cross, Bronx Service Center, Bronx, NY, for mentoring and 
  after school programs..........................................50,000
American Society of Educators, Philadelphia, PA, for teacher and 
  administrator professional development.........................50,000
American Theater Arts for Youth, Inc., Philadelphia, PA, for an arts in 
  education program..............................................75,000
American Theater Arts for Youth, Philadelphia, PA for Mississippi Arts 
  in Education..................................................150,000
Americana Community Center, Inc., Louisville, KY, for after school 
  programs.......................................................53,000
AMISTAD America, Inc., New Haven, CT, for education materials, 
  education programs, and teacher professional development......500,000
An Achievable Dream, Newport News, VA for a research and training 
  center, including teacher stipend scholarships................100,000
Anchorage School District in Anchorage, AK to implement the PLATO 
  Learning program..............................................200,000
Anchorage's Promise of Anchorage, AK to implement America's Promise 
  child mentoring and support program in Anchorage..............100,000
Anita M. Stone Jewish Community Center, Flossmoor, IL, for a computer 
  technology initiative for youth...............................100,000
Annette Strauss Institute, Austin, TX, for a civics education pro85,000
Annis Water Resources Institute, Grand Valley State University, 
  Allendale, MI, for a hands-on, investigative science experienc250,000
Anoka Technical College, Anoka, MN, for a Secondary Technical Education 
  Program.......................................................250,000
Appleton Area School District, Appleton, WI for English Language 
  instruction....................................................12,000
Arden Theatre Company, Philadelphia, PA, to expand education prog50,000
Arkansas State University, State University, AR, in collaboration with 
  the University of Memphis, and the University of Mississippi, for the 
  Delta Bridge Education project to provide professional development 
  for teachers..................................................750,000
Armstrong School District, Ford City, PA, for an interactive 
  instructional system...........................................50,000
ART of Leadership Foundation, Birmingham, MI for mentoring progr100,000
Arthur Ashe Youth Tennis and Education, Philadelphia, PA for 
  educational enrichment programs...............................100,000
Arts and Education In Concert, Centreville, VA, for arts educati100,000
ArtsAlliance of Jackson and Hinds County, MS, for an arts based after 
  school and summer outreach program............................100,000
Ashland City Schools, Ashland, OH for professional development..200,000
Athens Area High School, Athens, PA, for a health and technology career 
  program........................................................50,000
Athens City Schools Foundation, Athens, AL, for the third grade violin 
  music education program........................................10,000
Auburn University at Montgomery, Montgomery, AL, for the Alabama Urban 
  and Rural Student Citizenship and History Education Outreach Program 
  for history education..........................................50,000
Ballet Theater Foundation, Inc., New York, NY, for the Make a Ballet 
  program at the Waterside School, Stamford, CT.................100,000
Baltimore City Board of School Commissioners, Baltimore, MD, for 
  teacher recruitment, retention and professional development 
  initiatives...................................................240,000
Baltimore City Public School System, MD, to restock public school 
  libraries.....................................................200,000
Banana Factory, Bethlehem, PA, for an arts and technology after school 
  program........................................................25,000
Bass Lake School District, CA, for music and art education progra75,000
Batelle for Kids, Columbus, OH for a multi-state effort to evaluate and 
  learn the most effective ways for accelerating student academic 
  growth......................................................1,000,000
Beaver County, PA, to implement educational programming for K-12 
  students, including safe and appropriate use of the Internet..200,000
Bellefaire Jewish Children's Bureau, Cleveland, OH for the Monarch 
  School........................................................500,000
Bethany Education and Human Services Programs, Inc., Clearwater, FL for 
  after school programs.........................................250,000
Bethesda Children's Home, Meadville, PA, for vocational education and 
  prevention based services......................................50,000
Big Brothers Big Sisters of Bucks County, Jamison, PA, for mentoring 
  programs.......................................................25,000

[[Page H10672]]

Big Brothers Big Sisters of San Luis Obispo County, San Luis Obispo, 
  CA, for mentoring at-risk youth................................80,000
Big Brothers Big Sisters, Columbia, SC, for community-based and school-
  based mentoring programs......................................200,000
Big Brothers/Big Sisters of Anchorage, Fairbanks and Southeast AK, in 
  partnership with AK Department of Education, the Boys and Girls Club 
  and Cook Inlet Tribal Council for a comprehensive mentoring program 
  for at-risk children..........................................300,000
Boston History Collaborative, Boston, MA, for youth educational 
  programs.......................................................50,000
Boys & Girls Club of the Cheyenne River Sioux Tribe.............200,000
Boys & Girls Club of the Grand River Area.......................150,000
Boys & Girls Club of Whittier, Whittier, CA, for after school pr150,000
Boys & Girls Clubs of America, Atlanta, GA, for an education technology 
  initiative for at-risk youth..................................500,000
Boys and Girls Club of Greater Kansas City, Kansas City, MO for Project 
  Learn.......................................................1,000,000
Boys and Girls Club of the Northern Shenandoah Valley, Winchester, VA 
  for after school programs......................................72,000
Boys and Girls Clubs, Springfield, for educational programs targeted 
  toward at-risk students in partnership with the Springfield Public 
  Schools.......................................................150,000
BRIDGES USA, Inc., Memphis, TN, to develop and implement a middle 
  school intervention program...................................490,000
Brigham Young University of Provo, UT for the Comprehensive Literacy 
  Program to improve the literacy performance of low achieving s600,000
Brooklyn Academy of Music, Brooklyn, NY, for K-12 education prog490,000
Broome County Early Childhood Coalition, Binghamton, NY, for its 
  Building Brighter Futures for Broome early childhood training and 
  mentoring program.............................................100,000
Business Council, Inc., Stockton, CA, for its San Joaquin Reads 650,000
CableLife Community Enrichment Corporation, Louisville, KY, for 
  educational programs...........................................30,000
California Institute of the Arts, Valencia, CA, for equipment for the 
  Community Arts Partnership digital arts project for middle and high 
  school students...............................................150,000
California Professional Firefighters Foundation, Sacramento, CA, for 
  development of an emergency preparedness curriculum and training 
  materials for K-12 schools....................................850,000
Calumet Park School District 132, Calumet Park, IL, for staff 
  development and instructional programs, including summer schoo100,000
Camp Fire USA of Alaska for an after school program in Anchorage100,000
Canaan Community Development Corporation, Louisville, KY, for after 
  school programs................................................25,000
Carnegie Hall, New York, NY, for the Isaac Stern Education Legacy 
  project.....................................................1,450,000
Carnegie Science Center, Pittsburgh, PA for education programs for 
  teachers and students as part of the Pittsburgh International Science 
  and Technology Festival........................................50,000
Carnegie Science Center, Pittsburgh, PA, to develop a Final Frontier 
  exhibit........................................................75,000
Carson City Public School District, Carson City, NV for an English 
  Instruction Program...........................................419,000
Center for Advancing Partnerships in Education (CAPE), Allentown, PA, 
  for distance learning programs and technology upgrades........200,000
Center for Houston's Future, in collaboration with the Greater Houston 
  Collaborative for Children, Houston, TX for improving the quality of 
  early education programs through the Preschool for ALL program200,000
Center for Jewish History, New York, NY, for education programming on 
  Jewish history and technology upgrades........................100,000
Central Alabama Community College, Alexander City, AL for schola150,000
Central Pennsylvania Institute of Science and Technology, Pleasant Gap, 
  FPA, for curriculum development...............................100,000
CESA 9, WI, for after school programs.........................1,000,000
Challenger Learning Center for Science and Technology, Woodstock, IL 
  for an education program......................................200,000
Challenges, Choices and Images Literacy and Technology Learning Center, 
  Aurora, CO for educational programs............................75,000
Champions of Caring, Villanova, PA, to develop and disseminate the 
  Journey of a Champion curriculum focusing on character educatio25,000
Charter School Development Corporation in Las Vegas, NV to focus on 
  technology and college preparation..........................1,000,000
Charter School Institute, Philadelphia, PA for the Shipyard Industrial 
  Charter High School...........................................200,000
Chesapeake Bay Foundation, Annapolis, MD in cooperation with the Living 
  Classrooms Foundation, Baltimore MD, for educational programmi250,000
Chicago Academy in Illinois in cooperation with the Chicago Public 
  Schools for a teacher training initiative.....................200,000
Chicago Public Schools, Chicago, IL, for after school programs..225,000
Chicago Public Schools, Chicago, IL, for its career academies 
  enhancement project...........................................340,000
Chicago Public Schools, Chicago, IL, for its Child-Parent Center 
  Program.......................................................600,000
Children's Chorus of Maryland, Inc., Towson, MD, for a music education 
  initiative in Prince George's County, Maryland................100,000
Children's Coalition, Inc., West Palm Beach, FL, for equipment and 
  technology to enable at-risk youth to participate in the Veteran's 
  History Project...............................................160,000
Children's Home and Aid Society of Illinois, Chicago, IL, for 
  development of one or more community schools, including case 
  management, academic, enrichment and support services.........125,000
Children's Land Alliance Supporting Schools (CLASS), American Fork, UT 
  for continued research........................................300,000
Children's Literacy Initiative, Philadelphia, PA, to improve the 
  reading readiness and early literacy of children in high-poverty 
  communities by providing professional development to teachers and 
  principals....................................................150,000
Children's Museum at LaHabra, CA, for a Hands On English Program120,000
Chippewa Falls School District, WI, for after school programs...300,000
Cincinnati Zoo and Botanical Garden, Cincinnati, Ohio, for educational 
  programs......................................................250,000
Citrus County School Board, Inverness, FL, for staff development and 
  training.......................................................60,000
City College of New York, New York City, NY, for the Nuestra Herencia 
  family literacy program.......................................100,000
City of Bell Gardens, Bell Gardens, CA, for computers and software to 
  serve low-income youth.........................................35,000

[[Page H10673]]

City of Brea, CA, for after school programs.....................123,000
City of Dallas, Dallas, TX, for after school programs...........525,000
City of East Palo Alto, CA, for after-school activities for at-risk 
  youth.........................................................100,000
City of Fairfield, Fairfield, CA, for after school programs.....600,000
City of Lynwood, Lynwood, CA, for after school programs.........165,000
City of Macon, Macon, GA, to support after school programs at area 
  elementary schools............................................100,000
City of Oak Ridge, Oak Ridge, TN for integrating math, science and 
  technology disciplines at Oak Ridge High School...............200,000
City of Orlando Science Center in Orlando, FL for exhibits and 
  education on the hydrogen economy.............................100,000
City of Palmdale, Palmdale, CA, for after school programs.......100,000
City of Pomona, Pomona, CA, in conjunction with the Pomona Unified 
  School District, for after school and weekend academic enrichment 
  programs......................................................140,000
City of Portsmouth, Portsmouth, VA, for after school programs...115,000
City of Providence, Providence, RI, for the family literacy campaign, 
  Providence Reads!.............................................100,000
City of San Diego, CA for the 6 to 6 Extended Day Program.......100,000
City of St. Charles, MO for the St. Charles Foundry Arts Center in 
  support of arts education.....................................780,000
City of Stockton, Stockton, CA, for after school programs.......328,000
City School District of New Rochelle, New Rochelle, NY, for after 
  school and summer school programs, faculty professional development, 
  and parent education workshops................................425,000
City Schools of Decatur, Decatur, GA, to implement the International 
  Baccalaureate Program in selected schools......................14,000
City Year New Hampshire, Stratham, NH to expand out-of-school programs 
  for at-risk kids..............................................250,000
Clarion County Career Center, Shippenville, PA for curriculum 
  development...................................................100,000
Clark County Public Education Foundation, NV, for the Global Learning 
  Village.......................................................150,000
Clark County School District, Las Vegas, NV, for equipment......500,000
Clark County School District, Las Vegas, NV, for its Alternative Drop 
  Out Prevention Program........................................390,000
Clark County School District, Las Vegas, NV, to implement the 
  Advancement Via Individual Determination (AVID) Program at selected 
  school sites..................................................200,000
Clark County School District, NV, for a dropout prevention progr200,000
Clark County School District, NV, for curriculum development on the 
  study of mariachi music........................................25,000
Clarke County Public Schools, Berryville, VA for foreign language 
  programs in D.G. Cooley Elementary School in Berryville, Berryville 
  Primary School in Berryville, and Boyce Elementary School in Boyce, 
  VA............................................................100,000
Clarkstown Central School District, New City, NY, for a multimedia 
  center, technology and curricula..............................125,000
Clayton School District, WI, for after school programs..........200,000
Clemson University, Clemson, South Carolina, for Call Me Mister 250,000
Cleveland Botanical Garden, Cleveland, OH for the One to One Thousand 
  project.......................................................150,000
Cleveland Institute of Music, Cleveland, OH, for distance educat350,000
Cleveland Metroparks Zoo, Cleveland, OH for educational programs250,000
Cleveland Museum of Art, Cleveland, OH for education through the650,000
Cleveland Play House, Cleveland, OH for educational programs....200,000
Clovis Unified School District, CA, for Career-Focused Instructional 
  Lab Models....................................................100,000
COA Youth and Family Centers in Milwaukee, WI for the Home Instruction 
  for Parents of Preschool Youngsters (HIPPY) program...........200,000
Coahoma Community College Workforce Development Center, Clarksdale, MS 
  for the STEP-UP Program.......................................100,000
Cobbs Creek Environmental Education Center, Inc., Philadelphia, PA, to 
  support environmental education programs for high school stude100,000
College Summit, Inc., Washington DC for expansion of pilot sit1,000,000
Colorado Charter Schools Institute, Denver, CO for educational p100,000
Columbus Public Schools, Columbus, OH, for the Attaining Achievement 
  through Technology project....................................150,000
Communities in Schools--Bell-Coryell Counties, Inc., Killeen, TX, for 
  education services for at-risk youth..........................300,000
Communities in Schools Dallas, Inc., Dallas, TX, for case management, 
  academic and social services for at-risk students.............475,000
Communities in Schools of East Texas, Inc., Marshall, TX, for services 
  for at-risk students..........................................475,000
Communities in Schools of Northeast Texas, Pflugerville, TX, for 
  services for at-risk students.................................325,000
Communities in Schools of San Antonio, San Antonio, TX, to implement 
  its Stay-in-School program in Bexar County, TX................300,000
Communities in Schools of Virginia, Richmond, VA, to help students 
  achieve academic success, particularly those at risk of school 
  failure.......................................................100,000
Communities in Schools, Alexandria, VA, for national program activities 
  to coordinate community resources to help youth stay in scho1,200,000
Community Arts Program, Chester, PA for arts education..........100,000
Community College of Baltimore County, Baltimore, MD, for its Closing 
  the Gap college preparation and retention initiative for minority 
  students, including student scholarships......................320,000
Community Consolidated School District 168, Sauk Village, IL, for 
  education services for at-risk students.......................100,000
Community Economic Empowerment Corporation, Louisville, KY, for a 
  childcare development center...................................60,000
Community Foundation of Louisville, Louisville, KY for educational 
  programs.......................................................60,000
Community Music School of Collegeville, Trappe, PA for music edu100,000
Community of Caring, Salt Lake City, UT, to support a National Office, 
  in partnership with the University of Utah, and to provide staff and 
  program support...............................................500,000
Community Service Society of New York, NY, for the Experience Corps 
  Project, including volunteer stipends, to provide literacy and 
  educational services to students..............................300,000
Compassion Coalition, Utica, NY for after school programs........75,000
Congreso De Latinos Unidos, Philadelphia, PA for education programs for 
  adjudicated adolescents ages 13-18............................100,000
Connecticut Humanities Council, Middletown, CT, to implement the 
  Motheread/Fatheread family literacy program...................100,000

[[Page H10674]]

Connecticut International Baccalaureate Academy, East Hartford, CT, for 
  a Spanish Studies Program and a Library of International Studi400,000
Cooperative Education Service Agency 8, Gillett, WI, for staff 
  development, training and technology...........................75,000
Cornell School District, WI, for after school programs..........250,000
Corridor Community Charter School, Bennett, CO for educational p100,000
COSI (Ohio Center of Science and Industry), Columbus, OH, for 
  professional development......................................100,000
Council for America's First Freedom, Richmond, VA, to expand its 
  educational programs..........................................100,000
Cray Youth and Family Services, New Castle, PA, for mentoring 
  initiatives and program support for disadvantaged youth........25,000
Creative Visions in Des Moines, IA for outreach to at-risk youth100,000
Crispus Attucks Association, Inc., York, PA for education programs for 
  high-risk, low-income youth...................................100,000
Crispus Attucks YouthBuild Charter School, York, PA, for a school 
  readiness initiative...........................................50,000
Crispus Attucks YouthBuild Charter School, York, PA, for training and 
  stipends.......................................................50,000
Cumberland School District, WI, for after school programs.......200,000
Cuyahoga County Board of County Commissioners, Cleveland, OH for an 
  early childhood initiative....................................400,000
Daytop Village of New Jersey, Mendham, NJ for educational progra500,000
Delaware Valley Historical Aircraft Association, Willow Grove, PA, for 
  education programs.............................................75,000
Delta Regional Partnership, Rosedale, MS for the Delta Education 
  Partnership Online Assessment and Interactive Accountability 
  Instructional Program to improve student achievement..........200,000
Delta-School Craft Intermediate School District in Escanaba, MI for 
  educational programs in the global economy....................500,000
Denison Independent School District, Denison, TX, for a Help One 
  Student to Succeed (HOSTS) Reading Centered School Program....300,000
Denton Independent School District, Denton, TX for English language 
  program.......................................................250,000
Denver Public Schools Foundation, Denver, CO for Lights On After School 
  programs......................................................250,000
DePaul School, Louisville, KY, for computer equipment............50,000
Des Moines Community School District and Urban Dreams, Des Moines, IA, 
  to continue a demonstration on full service community schools.300,000
Des Moines Community School District to expand pre-kindergarten 
  programs......................................................250,000
Detroit Lakes Community Center, Detroit, MN, for K-12 education 
  programs......................................................300,000
Diamond Bar Center, Diamond Bar, CA, for Children's Programs....257,000
Dinwiddie County Public School, Dinwiddie, VA, for equipment....150,000
Director's Council of Des Moines, IA, to coordinate youth servic250,000
Discovery Center of Science and Technology, Bethlehem, PA, for 
  educational programs and exhibits that will demonstrate best 
  practices for teaching science................................100,000
DoubleTake Community Service Corporation, Somerville, MA, for 
  documentary curriculum development for public school students.100,000
Dougherty County Public Schools, Albany, GA, for a parent-teacher 
  communications system.........................................225,000
Eastchester Union Free School District, Eastchester, NY, for after 
  school programs and technology................................200,000
Edinboro University, Edinboro, PA, for a Student Achievement Gap125,000
EdSolutions, Inc., Nashville, TN, for an After School Learning Program 
  Pilot.........................................................500,000
Education Leaders Council, Washington, D.C., to expand the Following 
  the Leaders project in Iowa.................................3,000,000
Education Leaders Council, Washington, DC, for the Following the 
  Leaders project.............................................5,000,000
Education Leaders Council, Washington, DC, for the Following the 
  Leaders project in the State of Tennessee.....................500,000
Education Leaders Council, Washington, DC, for the Following the 
  Leaders project program in Alaska...........................1,000,000
Education Service Center, Region 12, Hillsboro, TX, for a GEAR UP 
  college preparedness program..................................500,000
Endeavor Academy in Titusville, FL for math and science initiati100,000
Envision Schools, San Francisco, CA, for the City Arts and Technology 
  High School...................................................250,000
Ephrata Performing Arts Center, Ephrata, PA, to develop a music and 
  arts education summer school program...........................25,000
Erie Art Museum, Erie, PA, for curriculum development and educational 
  outreach.......................................................75,000
Erie Civic Theatre Association, Erie, PA, for outreach and education 
  programs for school students at the Erie Playhouse.............25,000
Erie Philharmonic, Erie, PA, for music education.................25,000
ESF, Inc., Bryn Mawr, PA, for the after school and summer school 
  programs.......................................................50,000
Everybody Wins, NY, NY, for childhood literacy programs.......1,000,000
Exploratorium, San Francisco, CA, for an initiative to integrate 
  science, mathematics and technology education into after school 
  programs......................................................250,000
Fairbanks North Star Borough School District in Fairbanks, AK for the 
  PLATO Learning system.........................................100,000
Fairbanks North Star Borough School District, Fairbanks, AK, for the 4 
  R (Reading, Reasoning, Relationships and Relevance) Children's 
  program.......................................................200,000
Fairfax County Public Schools, Fairfax VA, for the Emergency Medical 
  Services Academy...............................................50,000
Fairfax County Public Schools, Fairfax, VA for Chinese language 
  programs in Franklin Sherman Elementary School and Chesterbrook 
  Elementary School in McLean, Virginia.........................200,000
Fairfax County Public Schools, Fairfax, VA for the Enterprise Sch80,000
Fairfax County Public Schools, Fairfax, VA, for a Waterford Early 
  Reading Project...............................................100,000
Fairfax County Public Schools, VA, for the Advancement Via Individual 
  Determination Program at Glasgow Middle School and Stuart High 75,000
Fairmont School District #89, Lockport, IL for technology, equipment 
  and textbooks.................................................150,000
Family Communications, Inc., Pittsburgh, PA, to develop the Girls and 
  Math Science Pittsburgh Partnership...........................100,000
Family Life Center, Inc., Louisville, KY, for the St. Stephen's A40,000
Father Maloney's Boy's Haven, Louisville, KY, for an education program 
  for children with special needs................................50,000
Fayetteville Technical Community College, Fayetteville, North Carolina, 
  for technology-training program for teachers..................250,000

[[Page H10675]]

Fight to Learn After School Program, Philadelphia, PA, for after school 
  programs.......................................................50,000
First Book, Washington, DC to provide books to disadvantaged children 
  in Mississippi................................................100,000
First Gethsemane Center for Family Development, Louisville, KY, for 
  education programs.............................................40,000
Florida 4-H Foundation, Gainesville, FL, for youth/adult partnerships 
  to strengthen civic engagement................................100,000
Florida Learning Alliance, Inc., Tallahassee, FL, for a Collaborate 
  with Florida Virtual School Project...........................250,000
Florida Orchestra, Inc., Tampa, FL, for an educational program..250,000
Florida State University, Tallahassee, Florida, for a Florida reading, 
  math and science initiative.................................1,000,000
Flossmoor School District 161, Chicago Heights, IL, to implement its 
  Supporting Students with Appropriate Interventions program for junior 
  high school students..........................................100,000
Education Leaders Council, Washington, DC, for for the following the 
  leaders project in Clay County, WV and Roane County, WV school 
  districts......................................................72,000
Education Leaders Council, Washington, DC, for the following the 
  leaders project to provide education and related services in schools 
  in northern Rhode Island......................................100,000
Folwell Neighborhood Association, Minneapolis, MN, for the City Kids 
  Co-op Program.................................................475,000
Fontana Teen Center, Fontana, CA, for after school programs.....320,000
Forest Area High School, Tionesta, PA, for curriculum developmen100,000
Fort Worth Independent School District, Fort Worth, TX, for an English 
  literacy initiative...........................................100,000
Foundation for the Improvement of Mathematics and Science Education, 
  San Diego, CA, to implement the Blueprint for Student Success Project 
  in San Diego City Schools.....................................450,000
Franklin Park Conservatory, Columbus, OH, for an In-Service Training 
  Program........................................................99,000
Frederick County Public Schools, Virginia for Chinese language programs 
  in James Wood High School in Winchester, Sherando High School in 
  Stephens City, and Millbrook High School in Winchester, VA.....25,000
Freedoms Foundation at Valley Forge, Valley Forge, PA, for 
  entrepreneurship education programs as part of the Free Enterprise 
  Institute.....................................................100,000
French and Indian War 250, Inc., Pittsburgh, PA, for educational 
  programming and activities associated with commemorating the French 
  and Indian War................................................100,000
Fresno Metropolitan Museum, CA, for the Mobile Science Project..100,000
From the Top, Boston, MA for music education activities in Elgin100,000
Futures For Children, Albuquerque, NM to expand educational services 
  for Native American children................................1,000,000
Galena School District in Galena, AK to support operation of its 
  boarding school for low performing Native students from remote 
  villages across Western Alaska................................500,000
Gateway Cities Partnership, Inc., Paramount, CA, for the Math, 
  Engineering, Science Achievement (MESA) enrichment program.....50,000
Georgia Project, Inc., Dalton, GA, for initiatives to assist English 
  language learners, including teacher recruitment and professional 
  development activities........................................300,000
Gerda and Kurt Klein Foundation, Narbeth, PA, for character education, 
  tolerance education and community service programs for high school 
  students.......................................................50,000
Gila County Schools, Globe, AZ for educational programming......500,000
Gilman School District, WI, for after school programs...........200,000
Girl Scouts of Rhode Island, Inc., Providence, RI, for a character 
  education and after school initiative for at-risk girls.......200,000
Girl Scouts of the USA, Washington DC for Fair Play.............150,000
Girls Today, Women Tomorrow, Los Angeles, CA, for after school p200,000
Give Every Child A Chance, Manteca, CA, for educational enrichment 
  services......................................................300,000
Glendale School District, Flinton, PA, for technology............50,000
Go For Broke Educational Foundation, Gardena, CA, for curricula, 
  materials, and teacher training to support instruction about 
  segregated military units in World War II.....................100,000
GRAMMY Foundation, Santa Monica, CA for education programs......150,000
Grantsburg School District, WI, for after school programs.......250,000
Great Lakes Museum of Science Environment & Technology, Cleveland, OH, 
  for science education programs................................550,000
Great Projects Film Company, Inc., Washington, DC, to produce 
  ``Educating America,'' a documentary about the challenges facing our 
  public schools.................................................50,000
Greater Columbus Learning Center, Columbus, MS for literacy servi75,000
Greater Philadelphia Urban Affairs Coalition, Philadelphia, PA, for its 
  Junior Journalism Project......................................50,000
Greater Sacramento Urban League, Sacramento, CA, for a dropout 
  prevention program............................................167,000
Greenpoint Monitor Museum, Brooklyn, NY, to implement its ``Road Show'' 
  in New York City schools, and for related activities...........50,000
Groton Public School System, Groton, CT, for a learning center, teacher 
  training and after school programming.........................100,000
Gulf County School Board, Port St. Joe, FL, for health and physical 
  education equipment...........................................100,000
Harford County Board of Education, Aberdeen, MD, for the Math & Science 
  Academy at Aberdeen High School...............................320,000
Harrod's Creek Community Development, Inc., Louisville, KY, for 
  education programs.............................................25,000
Haskins Laboratories, New Haven, CT, for the Haskins Early Reading 
  Success Project for a mentor model of teacher professional 
  development in reading instruction............................250,000
Hastings-on-Hudson School District, Hastings-on-Hudson, NY, for teacher 
  professional development.......................................30,000
Health Care Medical Technology, Pierre, SD, to develop interactive 
  Internet-based health education software for K-12 students....335,000
Heartbeats to the City, Inc., Canton, OH for after school progra150,000
Heartland Regional Community Foundation, St. Joseph, Missouri, for 
  technology, equipment and curriculum development for the emPower 
  Plant program.................................................400,000
Helen Keller Worldwide, NY, for the ChildSight Vision Screening Program 
  and to provide eyeglasses to children whose educational performance 
  may be hindered because of poor vision......................1,000,000

[[Page H10676]]

Helping Energize and Rebuild Ourselves, Inc. (H.E.R.O.), Philadelphia, 
  PA, for its after school program and community computer center100,000
Heritage Health Foundation Inc., Braddock, PA for early care and after 
  school programs...............................................100,000
Hesperia Unified School District, Hesperia, CA, for an after school 
  program for middle school students............................100,000
HighTechHigh-Los Angeles, Van Nuys, CA, for its technology education 
  program.......................................................390,000
Hillsborough Community College, Tampa, FL, for its Information 
  Technology, Instructional Technology, Innovative Teaching (IT3) 
  Program to develop and implement a technology training program for K-
  12 teachers...................................................340,000
Hispanic Committee of Virginia, Falls Church, VA for education p100,000
Hollidaysburg Area School District, Hollidaysburg, PA, for an 
  interactive instructional system...............................50,000
Homeless Children's Education Fund, Pittsburgh, PA, for technology and 
  to develop educational programming for homeless children.......25,000
Homewood School District 153, Homewood, IL, for diversity training, and 
  after school and mentoring initiatives........................100,000
Horton's Kids, Inc., Washington, D.C., for education support and 
  program expenses...............................................80,000
Houston Independent School District, Houston, TX, to establish multi-
  purpose early childhood education centers.....................770,000
Houtzdale Regional Police, Houtzdale, PA, to support improved student 
  achievement through drug prevention activities.................25,000
Hudson River Performing Arts Center in Weehawke, NJ for educational 
  outreach programs..............................................16,000
Humphreys County Library System, Belzoni, MS for access and collections 
  improvements..................................................150,000
Huntingdon College, Montgomery, AL, for training K-12 teachers in the 
  use of education technology...................................250,000
I CAN LEARN Education Systems, New Orleans, LA, to implement its 
  standards-based mathematics program in one or more school dist500,000
I CAN LEARN, New Orleans, LA..................................3,000,000
I CAN LEARN, New Orleans, LA to install and implement its pre-algebra 
  and algebra educational software system in at least six additional 
  schools in the Mississippi Delta............................2,000,000
I Know I Can, Columbus, OH, for early college awareness programs350,000
Illinois Mathematics and Science Academy, Aurora, Illinois, for the 
  21st Century Information Fluency Program......................500,000
Illinois State Board of Education, Springfield, IL, for Elgin U 46 for 
  professional growth opportunities.............................350,000
Illinois State Board of Education, Springfield, Illinois for Aurora 
  East Unit School District #131 for career and technical studie150,000
Illinois State Board of Education, Springfield, Illinois for Community 
  Unit School District #300 for school improvement..............150,000
IN TUNE Foundation, Santa Monica, CA, for its Kids in Tune character 
  education, music and arts education programs..................500,000
Independence School District, Independence, MO, for before- and after-
  school programs...............................................350,000
Inner Harmony Foundation, Scranton, PA for curriculum developmen100,000
Institute for Education and the Arts, Washington, DC, to extend the 
  Institute's K-12 education program............................200,000
Institute for Educational Leadership, Washington, DC, for a Coalition 
  for Community Schools project to facilitate the creation of community 
  schools.......................................................300,000
Institute for Student Achievement, Lake Success, NY, for educational 
  programs for at-risk students...............................1,000,000
Institute for Student Achievement, Lake Success, NY, for educational 
  programs for at-risk students at Annandale and Falls Church High 
  Schools in Virginia...........................................150,000
Institute for Student Achievement, Lake Success, NY, for school reform 
  activities, at Ossining High School, NY, in partnership with Columbia 
  University....................................................350,000
Institute for Student Achievement, Lake Success, NY, for school reform 
  activities, including teacher stipends, at Park East High School in 
  Manhattan.....................................................100,000
Institute for Student Achievement, Lake Success, NY, to implement 
  school reform activities in certain school districts in New Yo900,000
Institute of Heart Math, Boulder Creek, CO for a teacher retention and 
  student dropout prevention program............................750,000
Intermediate Unit #17, Williamsport, PA, for technological 
  infrastructure to support school districts and enhance their access 
  to information technology.....................................100,000
International Center for the Preservation of Wild Animals, Cumberland, 
  OH, for an educational program................................625,000
International House of Philadelphia, Philadelphia, PA, to provide 
  standards-based educational programs to prepare high school students 
  for careers in engineering, science, and math..................50,000
International Music Products Association, Carlsbad, California, for 
  music education...............................................125,000
Invent Iowa to encourage kids to invent and hold fairs to display those 
  inventions....................................................100,000
Iowa Association of School Boards, Des Moines, IA for the Lighthouse 
  for School Reform project.....................................650,000
Iowa Department of Education to continue and expand a demonstration 
  program for additional bilingual and English as a Second Language 
  training....................................................1,100,000
Iowa Department of Education to continue the Harkin grant pro15,000,000
iPraxis, Philadelphia, PA to develop and conduct educational programs 
  and workshops to inform teachers and students of opportunities in 
  scientific fields..............................................50,000
Jacob's Pillow, Lee, MA, for performing arts educational program100,000
James Madison University, Harrisonburg, VA for the National Center for 
  Rural Science and Mathematics Education.......................300,000
Jamestown 2007 Commission, Jamestown, VA, for curriculum development 
  associated with the 400th Anniversary of the settling of James100,000
JASON Foundation for Education, Needham Heights, MA, for STEP-UP in 
  Ohio..........................................................300,000
Jasper Area Family Services Center, Jasper, AL, for technology and 
  education programs.............................................25,000
Jazz at Lincoln Center, New York, NY, for jazz education program400,000
Jersey Shore High School, Jersey Shore, PA, for curriculum devel100,000

[[Page H10677]]

Jewish Community Centers of Philadelphia--Klein Branch, Philadelphia, 
  PA, for an early childhood development program, which may include 
  scholarships for students......................................50,000
Joplin R-VII Public Schools, Joplin, MO for Success Builders At Risk 
  program.......................................................162,000
Joy2Learn Foundation, Palos Verdes Estates, CA, to create and 
  disseminate curricula integrating the arts, and for professional 
  development...................................................120,000
Junior Achievement, Colorado Springs, CO, to develop JA Enterprise 
  Village.....................................................2,500,000
Kanawha County Board of Education, Clendenin, WV for the Herbert Hoover 
  High School Technology Project................................135,000
Kensington Area Ministries, Philadelphia, PA, to support after school 
  programs at Iglesia Del Barrio.................................50,000
Kids Voting USA, Tempe, AZ, for voter participation programs through 
  its national and affiliate offices............................250,000
Kids with A Promise--The Bowery Mission, Bushkill, PA...........100,000
KIPP Foundation, San Francisco, CA for KIPP schools in Oklahoma City, 
  including subgrants............................................50,000
KIPP Foundation, San Francisco, CA for leadership training and extended 
  learning time at KIPP schools, including subgrants..........3,000,000
KIPP Foundation, San Francisco, CA to subgrant to KIPP schools in the 
  State of Tennessee to support student programs................150,000
KIPP Foundation, San Francisco, CA, for curriculum development and 
  teacher training for California schools, including subgrants..200,000
KIPP Foundation, San Francisco, CA, to subgrant to KIPP Philadelphia 
  Charter School for educational programs........................25,000
KnowledgeWorks, Cincinnati, OH for P-16 Education in Ohio.......200,000
KnowledgeWorks, Cincinnati, OH for the Ohio High School Transformation 
  Initiative..................................................1,000,000
Kutztown University, Kutztown, PA, to develop education programs to 
  enhance the academic skills and foster the interest of area high 
  school students in higher education............................50,000
La Salle University, Philadelphia, PA, for the University Science and 
  Technology Center to support math and science instruction for 
  teachers......................................................100,000
Labor and Industry for Education, Hewlett, NY, for after school and 
  prevention programs for at-risk youth.........................500,000
Ladysmith-Hawkins School District, WI, for after school programs250,000
LAMP Life Center Ministries, Inc., Louisville, KY for educational 
  programs.......................................................15,000
Lancaster County Career & Technology Foundation, Mount Joy, PA, to 
  develop curriculum and training programs for early childhood 
  educators......................................................50,000
Lanett City Schools, Lanett City, AL, for a JROTC program........50,000
Laramie County School District One, Cheyenne, WY, for a English as a 
  Second Language Pilot Project.................................185,000
LA's Best in Los Angeles, CA, for the After-School Enrichment Pr400,000
Learning Collaborative, Indianapolis, IN, for the Smart Desktop 
  Initiative....................................................500,000
Learning Point Associates/North Central Regional Education Laboratory, 
  Naperville, IL for No Child Left Behind implementation technical 
  assistance....................................................150,000
Lemay Child & Family Center, St. Louis, MO, for early childhood 
  education and family literacy programs........................180,000
Leonardo Center for Art in cooperation with the Salt Lake City 
  Corporation for arts education................................300,000
Lesley University in Cambridge, MA for a pilot teacher training program 
  in Nevada.....................................................100,000
Line Mountain School District, Trevorton, PA, to develop a pilot 
  project designed to offer specialized curriculum and vocational 
  training related to careers in volunteer firefighting..........50,000
Literacy, Education and Ability Program, Memphis, TN to support 
  educational services..........................................250,000
Little Earth Resident's Association, Minneapolis, MN, for a learning 
  and technology center..........................................75,000
Livingston Parish School District, Livingston, LA for equipment.100,000
Loess Hills Area Education Agency in Iowa for a demonstration in early 
  childhood education...........................................750,000
Logan City School District, Logan, UT, for support of the Early Reading 
  Assistance Project............................................200,000
Loneman School in Oglala, South Dakota for a Lakota language 
  preservation program..........................................150,000
Long Beach Unified School District, CA, for High School reform..100,000
Louisiana Tech University, Ruston, LA for Project LIFE teacher t150,000
Louisiana Youth Seminar in New Orleans, LA for training high school 
  leaders.......................................................150,000
Lucille Beserra Roybal Youth and Family Center, Los Angeles, CA, for 
  computers and technology.......................................75,000
Lycoming Career and Technology Center, Williamsport, PA for an 
  information technology program.................................40,000
Madison Local School District, Madison, OH, for equipment........75,000
Maine Alliance for Arts Education, Augusta, ME to supports arts 
  education.....................................................100,000
Mamaroneck Union Free School District, Mamaroneck, NY, for a summer 
  academy for elementary and middle school students..............50,000
Manchester Youth Development Center, Pittsburgh, PA, to provide 
  mentoring and after school programs for at-risk youth..........75,000
Mann Center for the Performing Arts, Philadelphia, PA to support arts 
  education.....................................................100,000
Maricopa County Regional School District, Phoenix, AZ, for educational 
  services at the Thomas J. Pappas Schools in Phoenix and Tempe,250,000
Marketplace for Kids in Mandan, ND for an entrepreneurial education 
  program.......................................................200,000
Marshfield School District, WI, for distance education and equip125,000
Maryland State Department of Education, Baltimore, MD, to develop, 
  implement and evaluate Internet-enhanced instruction..........250,000
Marywood University, Scranton, PA, for technology and curriculum 
  development for the Center for Assistive Technology laboratories to 
  provide training to K-12 educators on teaching practices......200,000
Maspeth Townhall, Queens, NY, for after school programs.........100,000
Matteson Elementary School District 162, Matteson, IL, for the Matteson 
  Fellowship Program for academically talented students, including 
  equipment and technology......................................100,000
Maui Economic Development Board in Hawaii for the Girls Into Science 
  Program.......................................................300,000

[[Page H10678]]

McKelvey Foundation, New Wilmington, PA, to support McKelvey 
  entrepreneurial college scholarships for rural, low-income 
  Pennsylvania high school graduates............................300,000
Mellen School District, WI, for after school programs...........200,000
MENTOR/National Mentoring Partnership, Alexandria, VA, to develop the 
  Pennsylvania Mentoring Partnership and expand mentoring services in 
  Philadelphia...................................................25,000
Mercer School District, WI, for after school programs...........250,000
Meredith-Dunn Learning Disabilities Center, Inc., Louisville, KY for a 
  counselor......................................................20,000
Mesorah Heritage Foundation, Brooklyn, NY, for translation of classic 
  texts and development of an English literature curriculum.....750,000
Messiah College, Grantham, PA, to support initiatives to improve 
  educational opportunities for children in grades K-12.........100,000
Miami University, Oxford, OH, for preservation of the McGuffey Readers 
  collection....................................................150,000
Miami-Dade County Public Schools, FL, for a teacher training program on 
  literacy......................................................250,000
MicroSociety, Inc., Philadelphia, PA, to further develop and 
  disseminate a whole school model of reform....................100,000
Military Heritage Foundation, Carlisle Barracks, PA, for the United 
  Sates Army Heritage and Education Center for education materials and 
  programs on military and social history.......................175,000
Milken Family Foundation, Santa Monica, CA, for the Teacher Advancement 
  Program.....................................................2,000,000
Milton S. Eisenhower Foundation, Washington, DC, for its full-service 
  community schools initiative in Maryland......................250,000
Milton S. Eisenhower Foundation, Washington, DC, to replicate the full-
  service community school program in Pennsylvania..............200,000
Milwaukee Public Schools, Milwaukee, WI, for before- and after-school 
  programs....................................................1,200,000
Minnesota Humanities Commission, St. Paul, MN for an English literacy 
  initiative....................................................100,000
Mira Loma High School, Sacramento, CA, for the International 
  Baccalaureate program..........................................83,000
Mississippi Museum of Art, Jackson, MS, for Hardy Middle School After 
  School Program................................................500,000
Mississippi State University, Starkville, MS, Center for Economic 
  Education and Financial Literacy for teacher training in economics 
  instruction...................................................100,000
Missoula Public School District, Missoula, MT to establish a technology 
  and standards based learning program in the Missoula Public School 
  District......................................................500,000
Montana State University, Billings, MT for training of site-bound rural 
  paraeducators in Montana, South Dakota and Wyoming..........1,500,000
Montgomery Area School District, Montgomery, PA for curriculum 
  development...................................................100,000
Moore College of Art and Design, Philadelphia, PA for equipment and 
  scholarships for the Young Artists Workshop....................50,000
MORE HEALTH, Inc., Tampa, FL, for a nutrition program............90,000
Motown Center, Detroit, MI, to develop and implement curricula, music 
  education, and after school programs..........................400,000
Mountain Arts Center, Prestonsburg, KY, for expansion of its Music and 
  Arts Development Program......................................100,000
Muntu Dance Theatre of Chicago, Chicago, IL, for arts education 
  programs......................................................300,000
Murfreesboro City Schools, Murfreesboro, TN, for an early childhood 
  education pilot program.......................................100,000
Murray City School District, Murray, UT, for after school and summer 
  academic and enrichment programs..............................200,000
Murray State University, Murray, KY for a Center for Teacher Excellence 
  in Science and Mathematics....................................300,000
National Association of Music Education (MENC), Reston, VA, to develop 
  and disseminate information on model music education programs..50,000
National Aviary, Pittsburgh, PA for technology for the Flite-Zone 
  immersive classroom and expansion of nature education programs100,000
National Aviation Hall of Fame, Dayton, OH, for Project Sky Reac200,000
National Baseball Hall of Fame and Museum, Cooperstown, NY for 
  educational outreach using baseball to teach students through 
  distance learning technology..................................450,000
National Center for Electronically Mediated Learning, Inc., Woodbridge, 
  CT, for the P.E.B.B.L.E.S. Project............................400,000
National Center for Family Literacy, Louisville, KY, for education 
  outreach efforts...............................................85,000
National Center for Fathering, Inc., Kansas City, MO to improve student 
  achievement through a school-based safety program.............425,000
National Character Education Foundation, PA to conduct outreach 
  programs in character education in PA schools.................100,000
National Charter Schools Institute, Mt. Pleasant, MI to expand the 
  Virtual Training Center and Clearinghouse.....................200,000
National Foundation for Teaching Entrepreneurship Pennsylvania, 
  Pittsburgh, PA, to provide financial literacy and entrepreneurship 
  education to low-income and minority youth and to train educators in 
  Pennsylvania..................................................100,000
National History Day for a history competition in Iowa..........100,000
National Italian American Foundation, Inc., Washington, DC, for teacher 
  training and to expand cultural programs.......................50,000
National Liberty Museum, Philadelphia, PA for a teacher training 
  program to assist educators in addressing violence in schools.500,000
National Native American Professional Development Center Foundation, 
  Sheridan, Wyoming to establish a center to train teachers serving 
  Native American students in an early literacy learning and math 
  framework.....................................................100,000
National Student/Parent Mock Election, Tucson, AZ, for its voter 
  education program.............................................225,000
National Urban Technology Center, New York, NY, for the Youth 
  Leadership Academy character education curriculum in Pennsylvan50,000
Natural Resource Education Center at Moosehead, Inc., Greenville, 
  Maine, for education programs, which may include the purchase of 
  equipment and technology......................................250,000
Navajo County Schools, Holdbrook, AZ, for educational programmin500,000
Naval Undersea Museum Foundation, Keyport, WA, for its Science 
  Education Alliance program to enhance science instruction in local 
  school districts..............................................240,000
Neighborhood Centers Association, Pittsburgh, PA, for support of after 
  school and mentoring programs, including technology upgrades...50,000

[[Page H10679]]

Nevada Humanities, Reno, NV to create the first and only comprehensive 
  reference work on Nevada......................................350,000
New Auburn School District, WI, for after school programs.......200,000
New Futures, Burien, WA, for education and family literacy progr320,000
New London Public Schools, New London, CT, for the development and 
  implementation of preparatory academies and teacher training..100,000
New Mexico State University for the Southern New Mexico Science, 
  Engineering, Mathematics and Aerospace Academy.................15,000
New School University, New York, NY, for a pilot program to provide 
  supplementary services and support for at-risk, low-income high 
  school students...............................................250,000
New York University Child Study Center, New York, NY, for a ParentCorps 
  project.......................................................350,000
New Zion Community Foundation, Inc., Louisville, KY, for education 
  programs.......................................................49,000
Nome Public Schools for the Northwestern Alaska Career and Technical 
  Center to provide variety of vocational training courses to high 
  school students in Nome, Alaska and the Bering Straits region.500,000
North Carolina Central University, Durham, NC, for academic enrichment 
  and mentoring activities for at-risk students.................125,000
North Carolina Electronics and Information Technologies Association 
  Education Foundation, Inc., Raleigh, NC, for a technology 
  demonstration project in the 2nd Congressional District.......250,000
North Carolina Electronics and Information Technologies Association 
  Education Foundation, Inc., Raleigh, NC, for a technology 
  demonstration project in the 7th Congressional District.......250,000
North Carolina Electronics and Information Technologies Association 
  Education Foundation, Inc., Raleigh, NC, for the school technology 
  demonstration.................................................500,000
North Central Regional Education Laboratory, Naperville, IL for 
  technical assistance activities...............................250,000
North Country Education Services Agency, Gorham, New Hampshire for 
  educational opportunities through the North Country Gear Up College 
  Prep Initiative...............................................300,000
North East Trees, Los Angeles, CA, for its Youth Environmental Career 
  Training Program, including student support...................185,000
North Rockland Central School District, Garnerville, NY, for technology 
  and teacher training to improve student science and literacy sk60,000
North Slope Borough School District, AK for an Early Childhood 
  Education Program for children in North Slope Borough villages300,000
Northeastern Pennsylvania Educational Television Association (WVIA), 
  Pittston, PA, to integrate the Between the Lions program into the 
  classroom to improve the English language and literacy skills of 
  Spanish-speaking youth.........................................50,000
Northern Hills Family YMCA in Lead, South Dakota for after-school 
  programs......................................................100,000
Northern Lakes Network Consortium, Brainerd, MN to create the Northern 
  Lakes Network Consortium Online Assessment and Interactive 
  Accountability Instructional Program..........................100,000
Nuweetooun School at Tomaquag Museum, Exeter, RI to improve education 
  for Native American children...................................50,000
Nye County School District, Pahrump, NV, for computers...........81,000
Oakland Unified School District, Oakland, CA, for the purchase, 
  implementation, and maintenance of a district-wide student 
  information system............................................320,000
Oakwood School, Annandale, VA, to provide special education services to 
  children with learning disabilities............................50,000
Office of Superintendent of Public Instruction, Olympia, WA, to support 
  the student engagement project................................175,000
Ogden City School District, Ogden, UT, for After School Remedial and 
  Summer Bridge Program.........................................300,000
Ohio Board of Regents, Columbus, OH for the Third Frontier Network--
  Science Education.............................................750,000
Ohio Department of Education, Columbus, OH for Education Ohio...750,000
Oklahoma State Department of Education, Oklahoma City, Oklahoma, to 
  sustain and expand their handheld computer program............200,000
Old Fort No. 4 Associates, Charlestown, New Hampshire for an education 
  outreach program, focusing on early American history and early New 
  Hampshire history.............................................200,000
Omaha Home for Boys, Omaha, NE, for a before-and after-school program 
  to improve the quality of education for at risk youth.........250,000
One World Now!, Seattle, WA, for after school programs and student 
  scholarships for study in foreign countries...................250,000
Ontario School District, Ontario, OR for English language instru130,000
Opera Company of Philadelphia, Philadelphia, PA for the Sounds of 
  Learning arts education program...............................100,000
Orange County Fire Authority, Orange, CA, for K-12 fire safety and 
  emergency preparedness education programs......................40,000
Orrville Area Boys and Girls Club, Orrville, OH for computer tech15,000
Osseo Area Schools--Independent School District 279, Maple Grove, MN, 
  for an online assessment and interactive instructional program200,000
Ossining Union Free School District, Ossining, NY, for academic, 
  enrichment and technology services for middle school students.100,000
Pacific Islands Center for Educational Development in American Samoa 
  for educational programs......................................400,000
Parents as Teachers National Center, St. Louis, MO to better reach and 
  serve families with limited English proficiency.............1,600,000
Parents Inc., Anchorage, AK for a mentoring and youth program...600,000
Park Falls School District, WI, for educational services........200,000
Patrick County Education Foundation, Stuart, VA, for a college access 
  initiative, including GED assistance for individuals who have dropped 
  out of high school............................................140,000
Pelham Union Free School District, Pelham, NY, for its ``Every Child 
  Can Read'' project, including technology.......................51,000
Pendleton County Board of Education, Franklin, WV, for a Distance 
  Learning Initiative............................................18,000
Penn State Public Broadcasting, University Park, PA, to develop and 
  disseminate print and multi-media teacher training materials...50,000

[[Page H10680]]

Pennsylvania Academy of Music, Lancaster, PA, to develop and conduct a 
  performance-based, classical music education program...........50,000
Pennsylvania Association of Latino Organizations, Inc., Harrisburg, PA, 
  to assist Latino organizations in Pennsylvania in developing 
  educational and training resources to enhance education skills and 
  address dropout rates..........................................50,000
Pennsylvania Ballet Association, Philadelphia, PA, for outreach and 
  education programs............................................100,000
Pennsylvania Educational Leadership Foundation, Summerdale, PA, to 
  implement comprehensive school-to-career program in Pennsylvania 
  schools........................................................50,000
Pennsylvania State System of Higher Education, Harrisburg, PA, to 
  develop a model program to assist teachers in integrating technology 
  into the classroom............................................150,000
Pennsylvania Veterans Museum, Media, PA, for exhibit development and 
  educational materials..........................................75,000
Performing Arts and Education Association of Southwest Iowa, Red Oak, 
  IA.............................................................50,000
Philadelphia Foundation, Philadelphia, PA, for a Sports and 
  Entertainment Career Expo to expose high school students to career 
  opportunities in the sports industry...........................50,000
Philadelphia Health Management Corporation, Philadelphia, PA, in 
  collaboration with the National Center for Learning Disabilities, to 
  conduct early childhood literacy training and program development 
  activities as part of the Get Ready to Read! Initiative.......100,000
Philadelphia Martin Luther King, Jr. Association for Nonviolence Inc., 
  Philadelphia, PA, for the College for Teens program...........250,000
Philadelphia Orchestra, Philadelphia, PA, for educational progra200,000
Philadelphia Safe and Sound, Philadelphia, PA, to offer comprehensive 
  youth development activities, including after-school programming, as 
  part of a full community school approach......................100,000
Philadelphia Theatre Company, Philadelphia, PA, for education and 
  outreach programs which will foster artists-in-school partnersh75,000
Philadelphia Zoo, Philadelphia, PA, for the Zoo Home School Education 
  programs and the Zoo Apprentice programs......................250,000
Phipps Conservatory and Botanical Gardens, Pittsburgh, PA, to provide 
  educational programs for students visiting the gardens........100,000
Piedmont Community Foundation, Middleburg, VA for after school pr50,000
Pinnellas County School District, Largo, FL, for a pilot project for 
  online assessment and interactive accountability instructional 
  program.......................................................500,000
Pittsburgh Ballet Theatre, Pittsburgh, PA, for an arts education and 
  outreach program...............................................25,000
Pittsburgh Life Science Greenhouse, Pittsburgh, PA, to develop an 
  educational curriculum to encourage students to pursue careers in 
  life sciences industry.........................................50,000
Pittsburgh Parks Conservancy, Pittsburgh, PA, for education programs 
  and curriculum development....................................100,000
Pittsburgh School District, Pittsburgh, PA, for a Reserve Teacher Corps 
  initiative....................................................100,000
Pittsburgh Symphony Orchestra, Pittsburgh, PA, for support of music 
  education and outreach programs...............................100,000
Pittsburgh Voyager, Pittsburgh, PA, for math and science educatio75,000
Playhouse Square Foundation, Cleveland, OH for educational progr400,000
Plymouth Community Renewal Center, Louisville, KY, for education 
  programs.......................................................30,000
Pocono Environmental Education Center, Dingmans Ferry, PA, for summer 
  literacy and environmental education programs..................50,000
Pointe Coupee Parish School System, New Roads, LA for technology and 
  computer infrastructure.......................................200,000
Polk County School Board, Bartow, FL, for a Leap Track Assessment and 
  Instruction System for Grades K-5..............................60,000
Polynesian Voyaging Society in Honolulu, Hawaii for educational 
  programming....................................................50,000
Port Chester--Rye Union Free School District, Port Chester, NY, for 
  extended day, teacher professional development, parent education, and 
  other services to implement full service community schools, including 
  the Open Door Clinic..........................................425,000
Portland United Methodist Center, Louisville, KY, for academic support 
  programs.......................................................50,000
Powell Gardens, Kingsville, MO to teach elementary and secondary 
  students about water conservation and plant science through 
  educational programs..........................................250,000
Presbyterian Community Center, Louisville, KY, for youth development 
  education......................................................50,000
Prince William County Public Schools, Manassas, VA, for Bilingual 
  Literacy Extended Kindergarten Program........................150,000
Prince William County Public Schools, Manassas, VA, for Middle School 
  Reading and Math Remediation Program..........................150,000
Project 2000, Washington, DC, for after school programs to provide 
  academic and mentoring services to inner city youth...........125,000
Project GRAD-USA Inc., Houston, TX, for continued support and expansion 
  of the program focusing on school reform...................20,000,000
Project HOME, Philadelphia, PA, for an after school program.....150,000
Project Rainbow, Philadelphia, PA, to provide early childhood services 
  and after-school programs.....................................250,000
Proyecto Pastoral, Los Angeles, CA, for computers, furnishings and 
  programmatic support for a pre-school center...................75,000
Public/Private Ventures, Philadelphia, PA, for training and technical 
  assistance to support the Youth Education for Tomorrow after school, 
  literacy model.................................................50,000
Puget Sound Center Foundation, WA, for programs in science, technology, 
  engineering and math among girls and other underrepresented gr200,000
QUILL Productions, Inc., Aston, PA, to develop and disseminate programs 
  to enhance the teaching of American history....................25,000
Quindaro Development Corp., Kansas City, KS, for a computer learning 
  center and related services...................................150,000
Randolph County Board of Education, Cuthbert, GA, for its READS 
  initiative.....................................................25,000
Reading Instruction, Chicago, for the Chicago Public Schools' Chicago 
  Reading Initiative, a research-based instruction to improve reading 
  achievement levels in major urban areas.......................200,000
Reading is Fundamental, Washington, DC to establish a program in 50,000
ReadNet Foundation, New York, NY, for curriculum development....275,000

[[Page H10681]]

Recognizing Achievement and Rewarding Excellence (RARE) Foundation, 
  Troy, MI for a character education program....................175,000
Regional Office of Education, Loves Parks, IL, for a Web Wise Kids 
  project.......................................................250,000
Re-Inventing Schools Coalition of Anchorage, AK to expand its Alaska 
  Quality Schools Model.........................................500,000
Research for Better Schools, Philadelphia, PA, to provide research-
  based technical assistance to school districts.................50,000
Rio Rancho Public Schools, Rio Rancho, NM for math and science teacher 
  training......................................................400,000
Riverside County Office of Education, Riverside, CA, for the Riverside 
  County Achievement Team Plus Program..........................200,000
Rodale Institute, Kutztown, PA for development and support of a health 
  and environmental education Web site for children.............100,000
Rose Hill Public School District, Rose Hill, KS for technology..300,000
Roseville City School District, Roseville, CA, for an English 
  Instruction Program...........................................200,000
Rosmond Gifford Zoo, Syracuse, NY for an educational program....200,000
Rye Neck Union Free School District, Mamaroneck, NY, for extended day 
  and summer education services for English language learners, and for 
  family literacy services.......................................28,000
Sabine Parish School Board, Many, LA, for a Bridging the Gap in Public 
  Education Project.............................................167,000
Saint Louis Park School District, Saint Louis Park, MN, for the 9th 
  Grade Asset Builders Program at Saint Louis Park High School..150,000
Saint Anthony Community Outreach Center, Inc., Louisville, KY, for 
  program expansion..............................................25,000
Saint Elizabeth's Foundation to develop, implement, and promote a 
  middle school adoption awareness curriculum for use by health-social 
  studies teachers and other youth educators....................100,000
Saint Joseph's University, Philadelphia, PA, to develop a Public 
  Education Partnership to provide professional development for area 
  principals and teachers.......................................100,000
Saint Martin Center Inc., Erie, PA, for before and after school 
  programs.......................................................25,000
Saint Mary's Center, Louisville, KY, for educational programs....40,000
Salt Lake Community College, Salt Lake City, UT, for an English 
  language software system......................................200,000
San Bernardino City Unified School District, San Bernardino, CA for 
  vocational training and work opportunities program............350,000
San Bernardino County Superintendent of Schools, San Bernardino, CA, 
  for an English Language Learners Initiative...................500,000
San Bernardino County Superintendent of Schools, San Bernardino, CA, 
  for school-to-careers initiatives, including The Alliance and Virtual 
  Hi-Tech High..................................................320,000
Santa Barbara Center for the Performing Arts, California, for arts 
  education programs.............................................60,000
Santa Barbara County Education Office, Santa Barbara, CA, for Sobriety 
  High School...................................................100,000
Save the Children, Washington, D.C. to support the Mississippi River 
  Delta sub office for after school programs for low-income children in 
  rural Mississippi.............................................100,000
Save the Children, Westport, CT, for the Accelerated Reading program 
  for low-income children in Arkansas...........................350,000
Save the Children, Westport, CT, to implement the Accelerated Reader 
  program for low-income children in South Carolina.............450,000
School Board of Broward County, Fort Lauderdale, FL, for the Broward 
  Virtual University online teacher professional development ini100,000
School District of Palm Beach County, FL, West Palm Beach, FL, for a 
  Family Literacy Project.......................................480,000
School District of Palm Beach County, West Palm Beach, FL, for its New 
  Teacher Mentor Program........................................400,000
Scotland County School District, Laurinburg, North Carolina, to 
  implement a HOSTS Reading Centered School Program..............50,000
Search to Involve Philipino Americans, Los Angeles, CA, for after 
  school programs, including technology..........................75,000
Settlement Music School, Philadelphia, PA, to support arts educa100,000
Shawnee Gardens Tenants Association, Inc., Louisville, KY, for 
  education programs.............................................25,000
Shelby County Schools, Memphis, TN, for its Project Start Smart early 
  childhood education initiative................................150,000
Shell Lake School District, WI, for after school programs.......200,000
Shiloh Community Renewal Center, Louisville, KY, for after school 
  programs.......................................................60,000
Sioux City Community School District in Sioux City, IA to continue and 
  expand the implementation of testing software in Iowa.........500,000
Smith Memorial Playgrounds and Playhouse, Philadelphia, PA, to develop 
  and expand after school programs with a focus on literacy skill25,000
Sophia Academy, Providence, RI to support educational programs for 
  girls from socio-economically disadvantaged backgrounds.......150,000
South Dakota Department of Education, Office of Career and Technical 
  Education, Pierre, SD, for the Health Occupations for Today and 
  Tomorrow project...............................................65,000
Southern Illinois University--Carbondale, College of Education and 
  Human Services, Carbondale, IL, for the Saluki Kids' Academy..300,000
Southern Tioga School District, Blossburg, PA for curriculum 
  development...................................................100,000
Southwest/West Central Services Cooperative, Marshall, MN, for a youth 
  mentoring and business education program......................340,000
Space Education Initiatives, Green Bay, WI for the Wisconsin Space 
  Science Initiative............................................163,000
Spooner School District, WI, for after school programs..........200,000
Springfield Regional Arts Council, Springfield, MO, for arts e1,400,000
Springfield School District #186, Springfield, IL, for a middle school 
  history experience.............................................95,000
Springfield School District 19, Springfield, OR, for its Schools Plus 
  Initiative....................................................200,000
SquashSmarts, Philadelphia, PA, to provide academic tutoring and 
  mentoring of underserved, urban middle school students as part of an 
  after school program...........................................50,000
St. Petersburg College, St. Petersburg, Florida, to establish the 
  Center for Teaching Transformation............................350,000
Stan Hywet Hall and Gardens, Akron, OH, for educational development and 
  curriculum programming........................................100,000
Stark County Educational Service Center, Canton, OH for an elementary 
  math and science program......................................250,000
Starr Commonwealth, Van Wert, OH, for the No Disposable Kids (NDK) 
  program.......................................................200,000

[[Page H10682]]

State of Alaska Department of Education and Early Development for the 
  Alaska Community Pre School Project...........................500,000
State of Alaska Department of Education and Early Development project 
  to meet standards of No Child Left Behind through teacher mentoring 
  and retention strategies....................................1,500,000
State of Alaska Department of Education and Early Development to 
  continue funding for its Right Start extended-day kindergarten 
  program.....................................................1,000,000
State University of New York at Cortland, Cortland, NY for recruitment 
  of students to science teaching...............................150,000
State University of New York-Oswego, Syracuse, NY for the Roads from 
  Seneca Falls project..........................................215,000
Success for All Foundation, Inc., Baltimore, MD, for a fully aligned 
  system for district and state education reform in Indiana...1,400,000
Summer Camp Opportunities Provide an Edge (SCOPE), New York, NY for 
  YMCA Camps Skycrest, Speers and Elijabar.......................30,000
Summerbridge Louisville, Inc., Louisville, KY, for education prog25,000
SURE Foundation, Washington, DC for computers and educational ma175,000
Swope Community Builders, Kansas City, MO for education programs 
  serving students in the Brush Creek Strategy Area.............125,000
Syracuse Symphony Orchestra, Syracuse, NY for educational progra200,000
Talladega County Schools, Talladega, AL, for equipment..........100,000
Tarrytown Union Free School District, Sleepy Hollow, NY, for after 
  school programs and family literacy activities................250,000
Teach for America to expand into Clark County, NV...............250,000
Teach for America, New York, NY for continued expansion.......1,000,000
Technical Expositions and Conferences, Inc., Columbia, SC for Camp 
  Success.......................................................100,000
Teen Center of Wilton, Inc., Wilton, CT, for after-school progra100,000
Temple University, Philadelphia, PA, to develop programs to address 
  student achievement in math and literacy......................200,000
Texas Tech University, Lubbock, TX, for expanding opportunities in math 
  and science education at the Hill Country Campus..............100,000
The Story Project, Culver City, CA, to support after school literacy 
  programs for junior high and high school students.............250,000
THINK Together, Santa Ana, California, for after school programs400,000
Thomas J. Pappas Elementary School, Phoenix, AZ, for Project TEA250,000
Thornton Fractional Township High School District 215, Calumet City, 
  IL, to develop an alternative school for chronic truants......100,000
Thorp School District, WI, for after school programs............250,000
TIDES Center in Seattle, WA, for One World Now!, a project to expand 
  language programs in after school programs....................200,000
Tiger Woods Foundation, Los Alamitos, CA, to offer programs to at-risk 
  youth.........................................................100,000
Titusville YMCA, Titusville, PA, for technology and equipment...100,000
To provide assistance to low-performing schools, $18,000,000 shall be 
  for a grant to the Commonwealth of Pennsylvania Department of 
  Education to provide assistance, through subgrants, to low-performing 
  school districts. The Commonwealth initiative is intended to improve 
  the management and operations of the school districts; assist with 
  curriculum development; provide after-school, summer and weekend 
  programs; offer teacher and principal professional development and 
  promote the acquisition and effective use of instructional technology 
  and equipment..............................................18,000,000
Today Foundation, Dallas, TX, for the Imagination Station literacy 
  program to deliver reading curriculum over the Internet using 
  animation......................................................50,000
Toledo Public Schools, Toledo, OH, for its Construction Career A275,000
Toledo Zoo, Toledo, OH for Thinking Works........................50,000
Tredegar National Civil War Museum Foundation, Richmond, VA, for a web-
  based educational program.....................................200,000
Troy Area School District, Troy, PA, for technology.............150,000
Turlock School Districts, Turlock, CA, for English instruction..100,000
U.S. Dream Academy, Columbia, MD to improve student achievement and 
  help bridge the digital divide for disadvantaged children.....100,000
U.S. Virgin Islands, Department of Education, St. Thomas, VI, for 
  Beacon after-school community learning centers................300,000
Union Parish School District, Farmerville, LA for the PLATO Learning 
  Project.......................................................400,000
United Way of Southeastern Pennsylvania, Philadelphia, PA, for the West 
  Philadelphia Digital Inclusion Project........................100,000
Unity School District, WI, for after school programs............500,000
University of Alaska/Fairbanks in Fairbanks, AK, working with the State 
  of Alaska and Catholic Community Services, for the Alaska System for 
  Early Education Development (SEED)..........................1,250,000
University of Arkansas, Fayetteville, Arkansas, for the National Office 
  for Rural Measurement and Evaluation System...................150,000
University of Idaho, Moscow, ID, for the Gateway to Calculus Program, a 
  statewide, WWW-based outreach program for pre-college-calculus 
  students......................................................700,000
University of Iowa Belin Blank Center for Gifted Education to continue 
  the AP Online Academy.......................................1,450,000
University of Louisville, Louisville, KY, for the Center for Research-
  Based Educational Improvement and Assessment..................700,000
University of Maine at Farmington, Farmington, ME, to support 
  professional development for new and current teachers, which may 
  include the acquisition of technology and equipment...........250,000
University of Northern Colorado, Greeley, CO for an evaluation of 
  teaching programs..............................................50,000
University of Northern Iowa to continue the 2+2 teacher education 
  demonstration program.........................................500,000
University of Pennsylvania, Philadelphia, PA, to develop educational 
  programming and provide professional development for the West 
  Philadelphia Partnership for Community Schools................200,000
University of Southern Mississippi, Hattiesburg, MS, for the Frances A. 
  Karnes Center for Gifted Studies to support summer gifted and 
  leadership programs and research..............................175,000
University of Tennessee, Martin, TN, for its Reelfoot Lake Science 
  Center........................................................400,000
University of Wisconsin-Eau Claire in Eau Claire, WI for expansion of 
  the Jumpstart program for early childhood education...........100,000

[[Page H10683]]

University of Wisconsin-Platteville in Platteville, WI for an online 
  alternative teacher certification program.....................100,000
Urban League of Metropolitan Denver, Denver, CO, for after school and 
  summer school programs........................................350,000
Urban League of Morris County, Morristown, NJ, for a youth and family 
  literacy program..............................................200,000
Urban Youth Action, Inc., Pittsburgh, PA, to develop and expand its 
  Youth Development program that provides pre-employment training for 
  high school students...........................................75,000
USD #331 Kingman/Norwich, Kingman, KS for computers at Kingman High 
  School, Kingman Elementary School and Norwich School..........300,000
USD 470 Public Schools, Arkansas City, KS for Project XCELL.....300,000
Utah State Office of Education to improve reading in rural schoo650,000
Utah State Office of Education, Salt Lake City, UT to improve 
  qualifications for teachers who teach multiple subjects in rural 
  areas.........................................................400,000
Venango County AVTS, Oil City, PA, for curriculum development...300,000
Vermont State Colleges of Waterbury, VT for a dual enrollment program 
  for academically at-risk secondary school students............500,000
Vernon Parish School Board, Leesville, LA, for Network Switch Up167,000
Village of Richton Park, Richton Park, IL, for after school prog100,000
Virginia Commonwealth University, Richmond, VA, for the Great Cities' 
  Universities Urban Educators Corps Partnership Initiative.....350,000
Virginia Community College Systems, Richmond, VA to address severe 
  healthcare workforce shortages in these colleges' service area150,000
Voluntary Interdistrict Choice Corporation, St. Louis, MO, for a public 
  school choice program.........................................320,000
Wake Education Partnership, Raleigh, NC, for school leadership and 
  teacher professional development initiatives..................225,000
Walnut Grove School District R-IV, Walnut Grove, MO for computer and 
  school equipment...............................................12,000
Warren County Career Center, Warren, PA, for curriculum developm100,000
Washington Education Foundation to replicate mentoring/scholarship 
  programs for low-income students..............................500,000
Washington National Opera, Washington, DC, for a music education 
  program in Maryland...........................................150,000
Washoe County School District in Nevada for an English Instructional 
  program.......................................................250,000
Washoe County School District, NV, for an online assessment and 
  accountability instructional program..........................250,000
Waubonsee Community College, Sugar Grove, IL, to implement an English 
  language instructional program................................300,000
Wayne Art Center, Wayne, PA, for arts education, including teacher 
  training and workshops for students............................50,000
Wellsboro Area School District, Wellsboro, PA, for curriculum 
  development...................................................100,000
West Oak Lane Charter School, Philadelphia, PA, for equipment and 
  technology upgrades............................................75,000
West Virginia High Technology Foundation, Fairmont, WV, for development 
  of a technology-based teacher professional development model..550,000
Westchester Philharmonic, White Plains, NY, for music education 
  programs......................................................100,000
Western Kentucky University, Bowling Green, KY, for education, 
  training, and enrichment, which may include work-related skills 
  training and postsecondary education services, for primary and 
  secondary students, their caregivers, and non-traditional students, 
  including adults............................................1,500,000
Western Kentucky University, Bowling Green, KY, for the E-Train 
  Initiative....................................................500,000
White Plains Housing Authority, White Plains, NY, for after school and 
  weekend tutorial programs......................................40,000
Whole Backstage, Inc, Guntersville, AL, for the Children's Theater 
  Education Center...............................................25,000
Winfield Public School District, Winfield, KS for educational pr300,000
Wittenberg University, Springfield, Ohio, for the Springfield Alliance 
  for Minority Teacher Recruitment and Preparation Program......100,000
Wordsworth Academy, Fort Washington, PA, for the York Alternative 
  Education Program.............................................100,000
World Impact, Los Angeles, CA, for programming to educate and mentor 
  at-risk youth at its Harmony Heart Camp in Jermyn, PA.........100,000
WQED Multimedia Pittsburgh, Pittsburgh, PA, to develop educational 
  programming for adolescents focusing on career literacy........50,000
WQLN Educational Services, Erie, PA, to develop on-line educational 
  resources......................................................50,000
WVSA arts connection, Washington, DC, for education and training 
  initiatives for youth with disabilities and special needs.....100,000
Wyatt Community and Family Life Center, Chicago, IL, for after school 
  enrichment activities, including its Historic Perspectives of Living 
  Legends in the African American Community: 1912-Present initia100,000
Yakima School District, Yakima, WA, for an English Education Software 
  Program.......................................................250,000
Yancey County Schools, Burnsville, NC, for equipment and material50,000
YMCA of Carlisle, Carlisle, PA, for professional development for 
  teachers on character education................................50,000
YMCA of Central Kentucky, Lexington, KY, for its Black Achievers 
  Program.......................................................350,000
YMCA of Easton, Easton, PA, for after school programming for K-12 
  students.......................................................50,000
YMCA of Harrisburg, Harrisburg, PA, to provide mentoring services for 
  minority youth.................................................50,000
YMCA of McKeesport, McKeesport, PA, to support the Teen LEAD program 
  serving at-risk, inner city teens..............................50,000
YMCA of Pennsylvania, Harrisburg, PA, for its Youth in Government 
  program........................................................50,000
YMCA of Pittsburgh, Pittsburgh, PA, for technology upgrades and to 
  develop and implement a Technology Literacy Initiative to train K-12 
  teachers and students in the use of computers..................50,000
YMCA of York and York County, York, PA, to develop and implement a Path 
  for Teens leadership and community program.....................50,000
Yonkers Public Schools, Yonkers, NY, for after school and Saturday 
  academic and enrichment activities, literacy services, music and arts 
  education, and parent involvement activities................1,000,000
Young Black Men's Association, Warren, OH, for its Community Service 
  Recording Studio project.......................................50,000
Youngstown Symphony Society, Inc., Youngstown, OH for educational 
  programs......................................................150,000
Youngstown/Warren Regional Chamber, Warren, OH, for its Mahoning Valley 
  Educational Initiative........................................590,000

[[Page H10684]]

Youth Alive, Inc., Louisville, KY, for tutoring, homework assistance 
  and mentoring..................................................40,000
Youth Sports and Recreation Commission, Detroit, MI, for youth 
  education and training services...............................100,000
YouthFriends Michigan, Traverse City, MI, for a school based mentoring 
  program.......................................................100,000
Zero to 5 Foundation, East Los Angeles, CA, for a pre-school education 
  project in Boyle Heights in east Los Angeles..................150,000
     Other programs
       The conference agreement includes $23,500,000 for the Ready 
     to Learn program instead of $22,864,000 as proposed by the 
     House and $24,000,000 as proposed by the Senate. The 
     conferees continue to strongly support the educational and 
     outreach objectives of the Ready to Learn Television program. 
     The conferees are especially pleased that television programs 
     such as Dragon Tales and Between the Lions developed with 
     funding from Ready to Learn have been recognized with 
     national parent and television production awards. The 
     conferees reiterate the unique mission of Ready to Learn, 
     which is to use the television medium to help prepare pre-
     school age children for school. The television programs that 
     must fulfill this mission are to be specifically designed for 
     this purpose, with the highest attention to production 
     quality and validity of research- based educational 
     objectives, content, and materials. Therefore, the conferees 
     expect that the grant competition administered for a new 
     award under this program will emphasize the importance of 
     investing Ready to Learn resources in those programs that 
     have proven to fulfill this mission, acquiring new programs 
     with scrutiny, and distinguishing Ready to Learn programs 
     from content easily available on commercial and cable 
     television.
       The conference agreement includes $4,970,000 for dropout 
     prevention programs instead of $10,000,000 as proposed by the 
     Senate. The House did not propose funding for this program.
       The conference agreement includes $30,000,000 for advanced 
     placement fees as proposed by the House instead of 
     $33,534,000 as proposed by the Senate. The conferees intend 
     that the first priority of the program is to awards grants to 
     States to subsidize test fees for low-income students who are 
     enrolled in an Advanced Placement class and plan to take an 
     Advanced Placement test. The balance of the funds are 
     allocated for Advanced Placement Incentive Program grants, 
     which are competitive grants to states, school districts and 
     national nonprofit educational agencies for programs that 
     expand access for low-income individuals to Advanced 
     Placement programs. Eligible activities include teacher 
     training and participation in online Advanced Placement 
     courses, among other related purposes.

                 Safe Schools and Citizenship Education

       The conference agreement includes $867,713,000 for programs 
     in the safe schools and citizenship education account, 
     instead of $801,369,000 as proposed by the House and 
     $902,008,000 as proposed by the Senate.
       The conference agreement includes $153,767,000 for national 
     programs as proposed by the House instead of $156,219,000 as 
     proposed by the Senate. The conference agreement includes 
     funding for the following activities:

School Safety Initiatives...................................$30,000,000
Planning/Needs Assessment/Data for State Grants...............9,548,000
Safe Schools/Healthy Students................................90,000,000
Drug Testing Initiative......................................10,000,000
Postsecondary Ed Drug and Violence Prevention.................5,000,000
Impact Evaluation.............................................2,000,000
Information and materials.....................................1,250,000
Data collection and analysis..................................2,000,000
Other joint projects with Federal agencies....................1,000,000
Other program improvement activities..........................1,819,000
National Recognition Program....................................850,000
National Clearinghouse for School Facilities....................300,000

       The conferees direct the Department to implement the Act 
     consistent with their intent, as reflected in the table 
     above, and request an implementation plan to be submitted to 
     the House and Senate Committee on Appropriations within 30 
     days of enactment of the Department of Education 
     Appropriations Act, 2005. To the extent that the Department 
     wishes to reprogram funds in order to address other 
     activities or alter the allocation of funds for activities 
     listed in the chart above, the conferees expect the 
     Department to follow the guidance provided in this statement 
     of the managers.
       The conference agreement includes bill language requiring 
     the Department to spend $850,000 for the National Recognition 
     Awards program under the guidelines described in section 
     120(f) of Public Law 105-244.
       The conference agreement includes $33,000,000 for grants to 
     reduce alcohol abuse instead of $35,000,000 as proposed by 
     the Senate. The House did not propose funding for this 
     activity.
       The conference agreement includes $49,705,000 for mentoring 
     programs as proposed by the House instead of $65,000,000 as 
     proposed by the Senate. The agreement also includes 
     $24,691,000 for character education as proposed by the Senate 
     instead of $24,961,000 as proposed by the House. The 
     conference agreement includes $35,000,000 for elementary and 
     secondary school counseling instead of $33,799,000 as 
     proposed by the House and $36,000,000 as proposed by the 
     Senate.
       The conference agreement includes $74,000,000 for physical 
     education programs instead of $69,587,000 as proposed by the 
     House and $75,000,000 as proposed by the Senate. This amount 
     includes $2,000,000 to support the Special Olympics National 
     Games as proposed by the Senate. In addition, within the 
     amounts appropriated, the conferees expect that a portion of 
     the funds will be set aside to be awarded in new grants and 
     projects for fiscal year 2005.
       The conference agreement includes $29,642,000 for the Civic 
     Education program to support both the We the People programs 
     and the Cooperative Education Exchange, instead of 
     $28,642,000 as proposed by the House and $30,642,000 as 
     proposed by the Senate. The conferees intend that $17,350,000 
     will be provided to the nonprofit Center for Civic Education 
     to support the We the People programs. Within the total for 
     the We the People program, the conferees intend that 
     $3,050,000 be reserved to continue the comprehensive program 
     to improve public knowledge, understanding, and support of 
     American democratic institutions which is a cooperative 
     project among the Center for Civic Education, the Center on 
     Congress at Indiana University, and the Trust for 
     Representative Democracy at the National Conference of State 
     Legislatures, and that $1,525,000 be used for continuation of 
     the school violence prevention demonstration program, 
     including $500,000 for the Native American initiative.
       The conference agreement also includes $12,292,000 for the 
     Cooperative Education Exchange program. Within this amount, 
     the conferees intend that $4,600,000 is for the Center for 
     Civic Education and $4,600,000 for the National Council on 
     Economic Education, while the remaining $3,092,000 should be 
     used to continue the existing grants funded under the 
     authorizing statute for civics and government education, and 
     for economic education.
       The agreement also includes $27,000,000 for State Grants 
     for Incarcerated Youth instead of $28,000,000 as proposed by 
     the Senate. The House did not provide funding for this 
     activity.

                      English Language Acquisition

       The conference agreement includes $681,215,000 for English 
     Language Acquisition programs as proposed by the House 
     instead of $700,000,000 as proposed by the Senate.

                           Special Education

       The conference agreement includes $11,767,748,000 for 
     Special Education instead of $12,176,101,000 as proposed by 
     the House and $12,328,391,000 as proposed by the Senate. The 
     agreement provides $6,354,748,000 in fiscal year 2005 and 
     $5,413,000,000 in fiscal year 2006 funding for this account.
       Included in these funds is $10,675,147,000 for Grants to 
     States part B instead of $11,068,106,000 as proposed by the 
     House and $11,228,981,000 as proposed by the Senate.
       The conference agreement includes $387,699,000 for 
     preschool grants as proposed by the House instead of 
     $390,000,000 as proposed by the Senate. The agreement also 
     includes $444,363,000 for grants for infants and families 
     as proposed by the Senate instead of $466,581,000 as 
     proposed by the House.
       The conference agreement includes $52,819,000 for technical 
     assistance as proposed by the House instead of $54,000,000 as 
     proposed by the Senate. The agreement includes $91,357,000 
     for personnel preparation as proposed by the House instead of 
     $93,357,000 as proposed by the Senate. The agreement includes 
     $26,173,000 for parent information centers as proposed by the 
     House instead of $27,500,000 as proposed by the Senate. The 
     agreement also includes $39,129,000 for technology and media 
     services as proposed by the Senate instead of $32,305,000 as 
     proposed by the House.
       The agreement also includes $1,500,000 for Public 
     Telecommunications Information and Training Dissemination as 
     proposed by the Senate. The House did not contain funds for 
     this activity.

            Rehabilitation Services and Disability Research

       The conference agreement includes $3,076,112,000 for 
     Rehabilitation Services and Disability Research instead of 
     $3,054,587,000 as proposed by the House and $3,077,328,000 as 
     proposed by the Senate.
       The conference agreement includes $1,000,000 to continue an 
     award to the American Academy of Orthotists and Prosthetists 
     (AAOP) for activities that further the purposes of the grant 
     received by the Academy for the period beginning October 1, 
     2003.
       The conference agreement includes $11,997,000 for client 
     assistance grants as proposed by the House instead of 
     $13,000,000 as proposed by the Senate. The agreement includes 
     $25,814,000 for demonstration and training programs instead 
     of $18,784,000 as proposed by the House and $24,286,000 as 
     proposed by the Senate. Within the amounts provided for 
     vocational rehabilitation demonstration and training 
     programs, the conference agreement includes funding for the 
     following activities:


[[Page H10685]]


Alabama Institute for Deaf and Blind, Talladega, AL, for an interpreter 
  training program.............................................$100,000
Alaska Statewide Independent Living Council, Inc. to continue and 
  expand its Personal Care Attendant Program and to expand outreach 
  efforts to the disabled living in rural Alaska................300,000
American Hearing Impaired Hockey Association, Chicago, IL, for program 
  expansion and recruitment.....................................130,000
Angels' Place, Southfield, MI, for an Abundant Life Services Pro100,000
Center of Vocational Alternatives, Columbus, OH, for support of a 
  computer training center......................................150,000
Challenge Alaska, Anchorage, AK for a comprehensive recreation program 
  benefiting people and families with disabilities of all ages..200,000
Enable America, Inc., Tampa, Florida, for civic/citizenship 
  demonstration project for disabled adults...................1,000,000
Kenai Peninsula Independent Living Center, AK, for its Total Recreation 
  and Independent Living Services Project.......................150,000
National Federation of the Blind, Baltimore, MD, for blind device 
  testing, development, and dissemination.....................1,000,000
National Sports Center for the Disabled, Denver, CO, to expand adaptive 
  sports program for therapeutic recreation......................75,000
Ohio Alliance of Community Centers for the Deaf, Worthington, OH for 
  development of a model program................................250,000
Peregrine Corporation, South Portland, ME, for STRIVE U, a 
  postsecondary educational program for young adults with developmental 
  disabilities..................................................190,000
Pride Industries, Roseville, California, for training for persons with 
  disabilities..................................................250,000
Rainbow Connection for a program of therapeutic horseback riding for 
  the disabled in the Mat-Su Valley region of Alaska............325,000
Southeast Alaska Independent Living, Juneau, AK to continue a joint 
  recreation and employment project with the Tlingit and Haida Tribe of 
  Alaska in Southeast Alaska....................................200,000
University of Iowa College of Law--Rehabilitation Research and Training 
  Center on Employment Policy for People with Disabilities......750,000
University of South Florida, St. Petersburg, FL, for research...260,000
University of South Florida, Tampa, FL, for a demonstration program in 
  orthotics/prosthetics.......................................1,000,000
City of Anchorage, AK for support of the Veterans Wheelchair Games in 
  Alaska........................................................300,000
Vocational Guidance Services, Cleveland, OH to improve educational 
  opportunities and employment outcomes, which may include the purchase 
  of equipment..................................................300,000

       The conference agreement includes $2,321,000 for migrant 
     and seasonal farmworkers as proposed by the House instead of 
     $2,500,000 as proposed by the Senate. The agreement includes 
     $2,564,000 for recreational programs as proposed by the House 
     instead of $2,750,000 as proposed by the Senate. The 
     agreement includes $16,790,000 for protection and advocacy as 
     proposed by the House instead of $18,000,000 as proposed by 
     the Senate. The conferees intend that technical assistance 
     for this activity be provided through a competitive multiyear 
     grant with a small business or a national nonprofit 
     organization that has the demonstrated capacity to carry out 
     these activities. The conferees intend that the technical 
     assistance be based on the identified needs of individuals 
     with disabilities and do not intend that technical assistance 
     funds be used for administrative responsibilities of the 
     organization administering the programs.
       The conference agreement includes $21,799,000 for projects 
     with industry as proposed by the House instead of $22,000,000 
     as proposed by the Senate. The agreement includes $37,680,000 
     for supported employment as proposed by the House instead of 
     $38,000,000 as proposed by the Senate.
       The conference agreement includes $23,000,000 for 
     independent living state grants as proposed by the Senate 
     instead of $25,000,000 as proposed by the House. The 
     agreement also includes $76,000,000 for Independent Living 
     Centers instead of $75,000,000 as proposed by both the House 
     and Senate. The agreement also includes $33,495,000 for 
     services for older blind individuals instead of $35,000,000 
     as proposed by the House and $31,811,000 as proposed by the 
     Senate. The agreement also includes $8,666,000 for the Helen 
     Keller National Center as proposed by the House instead of 
     $9,000,000 as proposed by the Senate.
       The conference agreement includes $108,652,000 for the 
     National Institute on Disability and Rehabilitation Research 
     instead of $106,652,000 as proposed by the House and 
     $109,152,000 as proposed by the Senate. Within the conference 
     agreement, the conferees have included an additional 
     $2,000,000 to support NIDRR's spinal cord injury model 
     systems program. These funds, in addition to the $7,200,000 
     available within the budget request, will support $8,000,000 
     in new awards in fiscal year 2005 and $1,200,000 for 
     continuation grants. The conferees intend that the additional 
     funds should be used to support investments that could 
     facilitate multi-center research on therapies, interventions 
     and the use of technology, and encourage NIDRR to continue 
     its collaboration with other federal agencies in order to 
     leverage Federal investments in this area.
       The conferees are aware of field evidence and growing 
     recognition that participation in sports by people with 
     disabilities is a predictor of successful employment 
     outcomes. The conferees urge the National Institute on 
     Disability and Rehabilitation Research to conduct a study to 
     validate the impact of adapted sports participation on 
     employment outcomes for adults with physical disabilities and 
     report the results of this study to Congress no later than 
     May 31, 2005. The study shall identify the population of 
     people with physical disabilities who have participated in 
     organized adapted sports programs; analyze the academic 
     achievements, post secondary education attainment, and rate 
     of employment among people with physical disabilities who 
     participated in organized adapted sports programs compared 
     with those who did not; and evaluate the impact of adapted 
     sports participation on the mental, physical, and social 
     well-being of the person with a disability and on the family.
       The conference agreement includes $30,000,000 for assistive 
     technology instead of $15,000,000 as proposed by the House 
     and $31,495,000 as proposed by the Senate. The conference 
     agreement does not include language proposed by the Senate 
     relating to the allocation of assistive technology funds. 
     This language is no longer needed since the Assistive 
     Technology Act was recently reauthorized.

           Special Institutions for Persons With Disabilities


                          GALLAUDET UNIVERSITY

       The conference agreement includes $105,400,000 for 
     Gallaudet University as proposed by the Senate instead of 
     $104,000,000 as proposed by the House.

                     Vocational and Adult Education

       The conference agreement includes $2,027,166,000 for 
     Vocational and Adult Education instead of $2,025,456,000 as 
     proposed by the House and $2,102,086,000 as proposed by the 
     Senate. The agreement provides $1,236,166,000 in fiscal year 
     2005 and $791,000,000 in fiscal year 2006 funding for this 
     account.
       The conference agreement includes $1,203,963,000 for 
     Vocational Education basic State grants instead of 
     $1,215,008,000 as proposed by the House and $1,194,295,000 as 
     proposed by the Senate.
       The conference agreement includes $4,939,000 for the tech-
     prep education demonstration authorized under section 207 of 
     the Perkins Act as proposed by the Senate. The agreement also 
     includes $9,382,000 to continue the occupational and 
     employment information program as proposed by the Senate. The 
     House did not include funding for these activities.
       The conference agreement includes $574,266,000 for adult 
     education state grants as proposed by the Senate instead of 
     $574,372,000 as proposed by the House.
       The conference agreement also includes $95,238,000 for the 
     smaller learning communities program instead of $101,698,000 
     as proposed by the House and $173,967,000 as proposed by the 
     Senate. The conferees concur in the directions in House 
     report 108-636. The conferees intend that the smaller 
     learning communities program competition in calendar year 
     2005 include an increase in the size and scope of 
     implementation grants, allow for 5-year implementation 
     awards, and permit schools that have previously received 
     implementation grants to receive additional assistance if 
     needed to complete effective interventions in smaller 
     learning communities. The conferees are concerned that the 
     Department is using the 5 percent set-aside funds to support 
     its broad high school reform agenda rather than providing 
     direct technical assistance to schools receiving smaller 
     learning awards. The conferees believe that a greater share 
     of the 5 percent set-aside funds should be used to support 
     direct technical assistance to grantees through providers 
     with expertise in designing and implementing smaller learning 
     communities.
       The conference agreement includes $5,000,000 for community 
     technology centers

[[Page H10686]]

     instead of $11,000,000 as proposed by the Senate. The House 
     did not propose funding for this activity.

                      Student Financial Assistance

       The conference agreement includes $14,380,795,000 for 
     Student Financial Assistance instead of $14,755,794,000 as 
     proposed by the House and $14,859,694,000 as proposed by the 
     Senate.
       The agreement provides a program level of $12,464,715,000 
     for Pell Grants instead of $12,830,000,000 as proposed by 
     both the House and the Senate. The conference agreement also 
     includes $785,000,000 for the supplemental educational 
     opportunity grant program instead of $794,455,000 as proposed 
     by the House and $799,850,000 as proposed by the Senate. The 
     agreement includes $998,243,000 for Federal work study as 
     proposed by the Senate instead of $998,502,000 as proposed by 
     the House. The agreement does not include funding in fiscal 
     year 2005 for Perkins capital contributions as proposed by 
     the House. The Senate included $98,764,000 for this program.

                       Student Aid Administration

       The conference agreement includes $120,247,000 for student 
     aid administration as proposed by the House instead of 
     $121,000,000 as proposed by the Senate.

                            Higher Education

       The conference agreement includes $2,134,269,000 for Higher 
     Education instead of $1,976,056,000 as proposed by the House 
     and $2,148,458,000 as proposed by the Senate.
     Aid for Institutional Development
       The conference agreement includes $80,986,000 for 
     strengthening institutions as proposed by the House instead 
     of $85,000,000 as proposed by the Senate. The conference 
     agreement includes $95,873,000 for Hispanic Serving 
     Institutions as proposed by the House instead of $100,000,000 
     as proposed by the Senate. The conference agreement also 
     includes $12,000,000 for Alaska and Native Hawaiian 
     Institutions instead of $13,000,000 as proposed by the 
     Senate and $10,935,000 as proposed by the House.
       The conference agreement includes $24,000,000 for 
     strengthening tribal colleges and universities, instead of 
     $23,753,000 as proposed by the House and $25,000,000 as 
     proposed by the Senate. The conferees agree that funds are to 
     be used to support continuation of existing basic grants and 
     new planning or implementation grant awards. The remaining 
     funds shall be available for grants for renovation and 
     construction of facilities, including repair and expansion.
       The conference agreement includes $7,500,000 for Tribally 
     Controlled Postsecondary Vocational Institutions instead of 
     $7,185,000 as proposed by the House and $8,000,000 as 
     proposed by the Senate. The agreement also includes language 
     proposed by the Senate notwithstanding any other provision of 
     law or any regulation that the Secretary of Education shall 
     not require the use of a restricted indirect cost rate for 
     grants issued pursuant to the tribally controlled 
     postsecondary vocational and technical institutions program.
     International Education and Foreign Language Studies
       The conference agreement includes $93,211,000 for the 
     domestic activities of the international education and 
     foreign language studies programs as proposed by the House 
     instead of $89,211,000 as proposed by the Senate. Within the 
     conference agreement, $1,500,000 is included for a study by 
     the National Research Council as described in House Report 
     108-636.
     Fund for the Improvement of Postsecondary Education
       The conference agreement includes $163,915,000 for the Fund 
     for the Improvement of Postsecondary Education instead of 
     $32,011,000 as proposed by the House and $157,700,000 as 
     proposed by the Senate. Within the amounts provided for the 
     Fund for the Improvement of Postsecondary Education, the 
     conference agreement includes funding for the following:

AIB College of Business, Des Moines, IA, for scholarships in captioning 
  and court reporting..........................................$500,000
Alabama A&M University Research Institute, Normal, AL, for programmatic 
  activities and research.......................................600,000
Alaska Christian College, Soldotna, AK for student scholarships, 
  recruitment and salaries......................................435,000
Alaska Pacific University in Anchorage, AK to continue support of its 
  Rural Alaska Native Adult Distance Education Program..........300,000
Albany State University, Albany, GA, in partnership with Darton 
  College, for an initiative to increase the success of minority males 
  and non-traditional students in postsecondary education, including 
  student scholarships..........................................350,000
Alcorn State University, Alcorn State, MS, in partnership with 
  Mississippi State University, for the The National Institute for 
  Rural Community Colleges......................................750,000
Allegheny College, Meadville, PA, for civic education activities.50,000
American Academy of Liberal Education, Washington, DC, to develop a 
  national model for the study of American democracy at colleges and 
  universities..................................................100,000
American Prosthodontic Society Foundation, Osceola, PA for scholarships 
  and program costs related to prosthetic dentistry and clinical 
  prosthodontics................................................150,000
American Samoa Community College, Pago Pago, AS, for its Trades, 
  Industries and Technology Program.............................640,000
Anderson University, Anderson, IN, for educational programming related 
  to the Flagship Enterprise Center.............................250,000
Artspace Projects, Inc, Minneapolis, MN for the Artspace Projects 
  Distance Education Initiative, which may include the acquisition of 
  technology....................................................100,000
Association of Jesuit Colleges and Universities, Washington, DC, for 
  its Center for Online Bioethics Education.....................250,000
Augsburg College, Minneapolis, MN, for a postbaccaulareate program for 
  underrepresented students, including student stipends.........240,000
Ball State University, Muncie, IN, for Digital Middletown.......250,000
Baylor University, Health and Education Wellness Department, Waco, TX, 
  for GEAR UP Waco, a college preparedness program..............500,000
Belin-Blank Center at the University of Iowa, Iowa City, IA for the Big 
  10 school initiative to improve minority student access to Advanced 
  Placement courses.............................................145,000
Bennett College, Greensboro, NC, for technology, equipment, curricula, 
  and library collections.......................................320,000
Berea College, Berea, KY for support of science education programs, 
  which may include the acquisition of technology and equipment.500,000
Berea College, Louisville, KY, for an educational partnership 
  initiative including scholarships..............................50,000
Bethel College, McKenzie, TN to improve science facilities and to 
  purchase equipment............................................100,000
Bethune Cookman College, Daytona Beach, FL to expand services at the 
  Continuing Education Center at St. John.......................100,000
Bevill State Community College, Sumiton, Alabama, for English as a 
  Second Language (ESL) Laboratories............................300,000
Bloomfield College, Bloomfield, NJ, for an initiative to recruit and 
  retain minority students in nursing and allied health professi140,000
Boston College, MA, to equip a science facility.................750,000
Bowie State University, Bowie, MD, for a project to attract, prepare 
  and retain African American and other minority males in the teaching 
  profession, including student support.........................350,000
Brookdale Community College, Lincroft, NJ, for technology........75,000
Bucknell University, Lewisburg, PA, for campus-wide technology 
  infrastructure upgrades, including wireless technology........420,000
C*R*E*A*T*E for Mississippi, Tupelo Mississippi Public Schools for 
  statewide teacher network to model successful, replicable technology 
  application and utilization in classrooms.....................300,000
Cabrini College, Radnor, PA, for equipment and educational programming 
  for the Center for Science, Education and Technology..........200,000
Caldwell College, Caldwell, New Jersey, for Center for Excellence in 
  Teaching Initiative............................................50,000

[[Page H10687]]

Caldwell County Education Consortium, Hudson, NC for The Teaching 
  Center........................................................112,000
California Institute of Arts, Valencia, CA, for technology and t200,000
California State University Channel Islands, Camarillo, CA, for a 
  baccalaureate degree program in nursing.......................200,000
California State University, Bakersfield Department of Nursing, 
  Bakersfield, CA, for nurse training equipment.................180,000
California State University, Chico, CA for equipment............500,000
California State University, Hayward, CA, for professional development, 
  equipment and technology for distance education programs......425,000
California State University, Long Beach, CA, for its Technology 
  Enhanced Literacy Project.....................................250,000
California State University, San Marcos, CA, to establish a nursing 
  program.......................................................400,000
Calumet College of St. Joseph, Whiting, IN, for a Public Safety Support 
  Center Program..............................................1,300,000
Carlow College, Pittsburgh, PA for program and administrative support, 
  which may include acquisition of technology...................100,000
Cazenovia College, Cazenovia, NY, to provide equipment for Art & Design 
  building......................................................100,000
Centenary College, Hackettstown, NJ, to expand IT infrastructure105,000
Center for Community Transformation, Chicago, IL, to support faculty, 
  student fellowships, and ongoing secular educational activities in 
  community leadership transformation...........................100,000
Central Florida Community College, Lecanto, FL, for a nursing pr250,000
Central Florida Community College, Ocala, FL, for curriculum 
  development and technology....................................150,000
Central Michigan University, Mt. Pleasant, MI, for education and 
  training programs.............................................100,000
Central Piedmont Community College, Charlotte, NC, for a Geospatial 
  Technology Training Center....................................500,000
Centralia College, Centralia, WA, for nursing laboratory equipment, 
  setup and training, and for library resources and technology..200,000
Charleston Southern University, Charleston, SC, for technology and 
  equipment.....................................................250,000
Cheyney University, Cheyney, PA for planetarium upgrades........100,000
Chicago State University, Chicago, IL, for the School of Pharmac225,000
Christopher Newport University, Newport News, VA to support 
  international studies.........................................200,000
City of Oelwein, IA to plan for a new higher education facility and 
  programs......................................................100,000
Clarion University, Clarion, PA for the CONNECT NWPA Clarion U/North 
  West Regional Commission Collaborative Educational Technology 
  Initiative....................................................100,000
Clark State Community College, Springfield, OH, for equipment...300,000
Clatsop Community College, Astoria, OR, for equipment and technology 
  for its Technology for Student Access Initiative..............320,000
Cleary University, Ann Arbor, MI, for equipment and technology for the 
  Washtenaw campus..............................................210,000
Cleary University, Howell, MI, for technology...................200,000
Cleveland Institute of Art, Cleveland, OH for expansion of progr250,000
Cleveland Scholarship Programs, Inc., Cleveland, OH, for student 
  scholarships..................................................400,000
Clinton School of Public Service at the University of Arkansas, for 
  endowment scholarships and curriculum development...........1,000,000
College of Lake County, Grayslake, IL, to develop and implement English 
  Second Language instructional classes.........................250,000
College of New Jersey, Ewing, NJ, for the Bonner Center for Civic and 
  Community Engagement..........................................340,000
College of Southern Idaho, to implement the Partnership to Build 
  Capacity for Latino Access and Leadership Project.............250,000
College of Southern Idaho, Twin Falls, ID, to implement an Enhanced 
  Paraprofessional Training program.............................200,000
College of St. Elizabeth, Morristown, NJ, for a teacher training 
  program for math and science..................................100,000
Columbus Healthcare Workforce Center, Columbus, OH, for nurse tr450,000
Community College of Allegheny County, Pittsburgh, PA for technical 
  education.....................................................500,000
Community College of Allegheny County, Pittsburgh, PA, to develop a 
  Health Career Education Institute.............................100,000
Community College of Beaver County, Beaver Falls, PA, for educational 
  programs, including the acquisition of technology.............100,000
Community College of Rhode Island (CCRI), Warwick, RI, for Learning and 
  Literacy Centers..............................................265,000
Concurrent Technologies Corporation, Largo, FL for the community 
  college/vocational industry cluster hubs project............1,000,000
Connecticut State University System, Hartford, CT, for a project to 
  enhance teacher workforce diversity, recruitment and retention750,000
Culver-Stockton College, Canton, MO, for equipment and technolog100,000
Cumberland College, Williamsburg, KY for equipment and curriculum 
  development for its science programs and facilities...........500,000
Cuyahoga Community College, Cleveland, OH for equipment and programming 
  for the Centers for Nursing and Health Careers................425,000
Dakota State University in Madison, South Dakota for the Information 
  Assurance Program.............................................250,000
Darton College, Albany, GA, for the rural technology network....650,000
Dean College, Franklin, MA, to improve services for students with 
  disabilities, including technology, curricula and assessment 
  activities....................................................150,000
Defiance College, Defiance, OH, for curriculum development and 
  equipment for forensic science program........................250,000
Del Mar College, Corpus Christi, TX, for faculty and equipment for 
  nursing, dental and allied health programs....................340,000
Delaware County Community College, Media, PA, for technological 
  infrastructure and to support career counseling at the Small Business 
  Resource and Development Center................................50,000
Delta College, University Center, MI, for equipment and technology for 
  its technical trades and manufacturing complex................200,000
Delta State University, Cleveland, MS for the Delta Education 
  Initiative..................................................1,000,000
Des Moines Area Community College, Ankeny, IA, for a Career Academy 
  Consortium Project............................................400,000
Des Moines Area Community College, IA, for a Comprehensive Deaf 
  Services Center...............................................400,000
Des Moines Higher Education Collaborative for wiring and curriculum 
  development at the John and Mary Pappajohn Higher Education Ce650,000
DeSales University, Center Valley, PA, for computer wiring and 
  technology upgrades related to training K-12 teachers and stud200,000

[[Page H10688]]

Dillard University, New Orleans, LA, for equipment for its Consolidated 
  Sciences Institute............................................200,000
Dowling College, Oakdale, NY, for development of a certificate program 
  in integrated emergency management............................300,000
Duquesne University, Pittsburgh, PA, for equipment and wiring for a 
  supercomputing facility.......................................100,000
Dutchess Community College, Poughkeepsie, NY, for the upgrade of the 
  college computer network.......................................50,000
EARTH University Foundation, Atlanta, GA for student scholarship500,000
East Stroudsburg University, East Stroudsburg, PA, for technological 
  infrastructure related to the Center for Research and Economic 
  Development...................................................200,000
Eastern Oregon University to train rural community nurses.......250,000
Eastern University, St. Davids, PA, for equipment, professional 
  development and outreach to develop the Nueva Esperanza Center for 
  Higher Education as a branch of the university................100,000
Eckerd College, St. Petersburg, FL, for the Leadership Training 500,000
Eckerd College, St. Petersburg, FL, to upgrade educational computing 
  and technology..............................................1,000,000
Edison Community College, Punta Gorda, FL, to expand nursing pro100,000
Edmonds Community College in Lynnwood, WA, to expand the Mathematics 
  Across the Curriculum Project.................................100,000
Emerson College, Boston, MA for the completion of the Tufte Performance 
  and Production Center.........................................560,000
Emmanuel College, Boston, MA, for educational equipment and program 
  development...................................................200,000
Emporia State University, Emporia, KS for technology............250,000
Esperanza USA, Philadelphia, PA, for education programs and to prepare 
  individuals for post-secondary education.......................75,000
Everett Community College, Everett, WA, to plan, develop and implement 
  one or more Early College High Schools, in conjunction with Whatcom 
  Community College and Skagit Valley College...................600,000
Fairleigh Dickinson University, Madison, NJ, for equipment, technology, 
  and personnel for its Global Virtual Faculty distance education 
  initiative....................................................150,000
Federation of American Scientists for Digital Promise, Washington, DC, 
  for creating a Digital Opportunity Investment Trust (DO IT) pr500,000
Federation of Independent Illinois Colleges and Universities, 
  Springfield, IL, for the Illinois Century Network..............75,000
Florida Campus Compact, Tallahassee, FL, to enhance service learning on 
  college campuses throughout Florida...........................450,000
Folsom Lake College, Folsom, CA, for computers, program development and 
  teacher stipends..............................................150,000
Fort Hays State University, Hays, KS for distance learning......250,000
Fort Lewis College, Durango, CO, for the Institute of Southwest 100,000
Gateway Community College, New Haven, CT, for equipment for a skilled 
  nursing laboratory............................................100,000
George Meany Center for Labor Studies--the National Labor College for 
  curriculum development........................................900,000
Georgetown College, Georgetown, KY, for its Center for Commerce, 
  Language & Culture............................................200,000
Georgia College and State University, Milledgeville, GA, Paul Coverdell 
  Institute and Archives........................................100,000
Georgian Court University, Lakewood, NJ, for distance learning..225,000
Governors State University, University Park, IL, for the College of 
  Education's Family Development Center.........................150,000
Greater Philadelphia Bioinformatics Alliance, Philadelphia, PA to 
  implement training, research and dissemination efforts to form a 
  national and international center of excellence in bioinformati25,000
Grossmont-Cuyamaca Community College District, El Cajon, CA, for 
  equipment and student assistance...............................95,000
Grossmont-Cuyamaca Community College District, El Cajon, CA, for 
  science equipment..............................................99,000
Harcum College, Bryn Mawr, PA to develop curriculum and acquire 
  technology....................................................200,000
Harrisburg University of Science and Technology, Harrisburg, PA for 
  curriculum development, laboratory equipment and technology and 
  personnel...................................................1,000,000
Haskell Indian Nations University, Lawrence, KS, for equipment and 
  technology for mathematics, science, and engineering laborator700,000
Heartland Community College, Normal, IL, for computer equipment..63,000
Hepatitis B Foundation, Doylestown, PA for education programs to 
  prepare post-secondary students for careers in biomedical research, 
  public health and biotechnology...............................150,000
Hickory Metropolitan Higher Education Center, Hickory, NC for expanded 
  programming...................................................112,000
Highline Community College, Des Moines, WA, for its Marine Science and 
  Technology Center.............................................320,000
Hillsborough Community College, Tampa, FL, for a veterinary technician 
  education program.............................................200,000
Hofstra University, Hempsted, NY, to produce and offer distance-
  education on rehabilitation and independent living for persons who 
  are deaf......................................................500,000
Idaho State University, Pocatello, ID, for a masters degree program in 
  Dental Hygiene................................................500,000
Idaho State University, Pocatello, ID, for the Virtual Idaho Museum of 
  Natural History...............................................250,000
Ihanktonwan Community College in Marty, South Dakota for curriculum and 
  institutional development.....................................150,000
Ilisagvik College in Barrow, AK for infrastructure improvements in 
  Barrow, AK and North Slope villages to improve access to distance 
  education courses provided by the college.....................250,000
Illinois Institute of Independent Colleges and Universities, 
  Springfield, IL, for Project Connect..........................600,000
Illinois State University, Normal, IL for the Joe Warner Teaching 
  Nursing Home Project...........................................62,000
Immaculata University, Immaculata, PA, for technology, equipment, and 
  professional development to enhance nursing education programs100,000
Indiana University of Pennsylvania, Indiana, PA, for the Computing 
  Services Center to train K-12 teachers and for the National Institute 
  for Corrections Education to provide professional development for 
  corrections education teachers.................................50,000
Indiana University, Bloomington, IN, to develop a bachelor of science 
  program in biotechnology, including equipment.................400,000
Innovation Works, Pittsburgh, PA, to enhance research and development 
  in collaboration with local institutions of higher education and 
  regional manufacturers........................................100,000
Iowa Central Community College, Fort Dodge, IA, for the Dental 
  Hygienist Program.............................................500,000

[[Page H10689]]

Iowa Lakes Community College to create a Wind Energy and Turbine 
  Technology education program..................................500,000
Iowa Student Aid Commission to continue a program of loan forgiveness 
  for teachers..................................................500,000
Iowa Valley Community College to expand educational outreach in the 
  Hispanic community............................................500,000
Isothermal Community College, Spindale, NC, for operation of a Material 
  Testing Laboratory.............................................85,000
Ivy Tech State College, Bloomington, IN, for development of an 
  associates degree program in biotechnology and student scholar550,000
IWF Leadership Foundation, Washington DC, for a scholarship fund500,000
Jackson State University, Jackson, MS for the Project Urban 
  Mississippi: Teachers, Technology, and Research...............500,000
Jacksonville State University, Jacksonville, AL, for the Viper Doppler 
  Radar Training System..........................................60,000
Johnson C. Smith University, Charlotte, NC, for a technology education 
  and training initiative.......................................320,000
Jones County Junior College, Ellisville, MS, for equipment for an 
  advanced technology center....................................300,000
Kansas State University, Manhattan, KS for curriculum developm1,000,000
Kansas State University, National Institute for Academic Alliances, 
  Manhattan, KS, for enhancing academic programs................250,000
Kent State University, Kent, OH for equipment and curriculum for the 
  Northeastern Ohio Consortium for Biopreparedness..............750,000
Kentucky Community and Technical College System, Lexington, KY for 
  curriculum development and acquisition of technology for the Center 
  for Excellence in Automotive Manufacturing....................500,000
Kishwaukee College, Malta, IL, for a new computer system........250,000
La Sierra University, Riverside, CA, for science and computer equipment 
  software......................................................100,000
Lackawanna College, Scranton, PA, to develop a communication arts 
  program through technology acquisition and program development200,000
Lake Erie College of Osteopathic Medicine, Erie, PA for a program in 
  pharmacy......................................................155,000
Langston University, Langston, OK for a Thurgood Marshall Scholarship 
  endowment.....................................................100,000
Laredo Community College, Laredo, TX for equipment and materials250,000
Lawrence Technological University, Southfield, MI, for equipment225,000
Lenoir Community College, Kinston, NC, for a training program in 
  captioning and Communication Access Realtime Translation (CART), 
  including student scholarships................................240,000
Lewis and Clark Community College, Godfrey, IL, for its National Great 
  Rivers Research and Education Center..........................540,000
Lewis-Clark State College, Lewiston, ID to continue and expand the 
  American Indian Students in the Leadership of Education Progra450,000
Lincoln University, Lincoln University, PA for support of science 
  education laboratories and programs, which may include the 
  acquisition of equipment and technology.......................100,000
Lock Haven University, Lock Haven, PA for professional development 
  partnerships and related services.............................900,000
Lorain Community College, Elyria, OH to support the Learning Technology 
  Center........................................................300,000
Los Angeles Valley College, Valley Glen, CA, for its Fast-Track Nursing 
  Career Program................................................200,000
Louisiana State University in Baton Rouge, LA, for the John Breaux 
  Political Papers and Research Collection Project..............300,000
Lourdes College, Sylvania, OH, for science equipment, technology and 
  instructional resources, and for the Lourdes College Planetari325,000
Loyola University, New Orleans, for the Lindy Boggs National Center on 
  Community Literacy............................................350,000
Luther College, Decorah, IA, for the Valders Hall of Science Pro250,000
Luzerne County Community College, Nanticoke, PA, for a training program 
  in realtime court reporting and captioning, which may include student 
  scholarships..................................................370,000
Maine Metal Products Association, Westbrook, ME, to establish a 
  National Institute of Metalworking Skills Management Center...250,000
Manatee Community College, Bradenton, FL, for Teaching for 21st Century 
  Student Success demonstration program..........................75,000
Maricopa County Community College District, Phoenix, AZ, for the 
  Hispanic Bilingual Nursing Fellows Program and for educational 
  programs to train court reporters.............................200,000
Maricopa County Community College District, Tempe, AZ, for its 
  Bilingual Nursing Fellows Program.............................250,000
Marquette University, Milwaukee, WI, for service learning and community 
  outreach programs at The Les Aspin Center for Government in 
  Washington, D.C...............................................200,000
Martin Methodist College, Pulaski, TN, for library materials, 
  technology and personnel for a baccalaureate nursing program..300,000
Mary Mason Community Foundation, Philadelphia, PA, for a college 
  assistance program, including student scholarships............100,000
Marymount University, Arlington, VA, for scholarships for students 
  seeking a dual certification in special and elementary educati100,000
Maryville College, Maryville, TN for the Center for Effective 
  Communities...................................................150,000
McNeese State University, Lake Charles, LA, for the Southwest Louisiana 
  Academy for Innovative Teaching and Learning, including student 
  scholarships..................................................600,000
Mercer University, Macon GA for a critical personnel development 
  program.......................................................250,000
Mercy College, Dobbs Ferry, NY, for the development of a registered 
  nursing program...............................................150,000
Mercyhurst College, Erie, PA to develop an Institute for Arts Based 
  Teacher Education.............................................100,000
Miami University, Oxford, OH, for equipment.....................400,000
Michigan Jewish Institute, Oak Park and Bloomfield, MI, for a new 
  computing curriculum..........................................150,000
Middle Tennessee State University, Murfreesboro, TN, for equipment and 
  personnel for biotechnology training initiatives..............100,000
Middlesex Community College, Lowell, MA, to acquire and implement the 
  SCHEDULE25 program and other technology upgrades..............100,000
Millersville University, Millersville, PA for curriculum development 
  and technology for science, environmental, occupational safety and 
  health education programs.....................................100,000
Mills College, Oakland, CA, for its Institute for Civic Leadersh320,000

[[Page H10690]]

Mississippi State University, Starkville, MS, for digital production 
  equipment for the Wise Center-Broadcast Facility..............315,000
Mississippi State University, Starkville, MS, for the National Center 
  on Rural Early Childhood Learning Initiatives, which shall include 
  the Sesame Street-Between the Lions effort to produce and distribute 
  multi-media educational and training materials..............2,100,000
Mississippi University for Women, Columbus, MS, for research and 
  outreach programming of the Southern Women's Institute........500,000
Mississippi University for Women, Columbus, MS, Plymouth Bluff Center 
  for Scientific and Historical Enrichment......................500,000
Mississippi Valley State University, Itta Bena, MS, for curriculum 
  development.................................................1,000,000
Missouri Southern State University, Joplin, Missouri, for equi1,301,000
Monroe Community College, Rochester, NY, for training and equipm500,000
Montana State University, Billings, MT, to provide degree and 
  certificate workforce education programs in the healthcare ind400,000
Montgomery College, Rockville, MD, for equipment and technology to 
  establish wireless mobile classrooms in engineering and computer 
  sciences......................................................410,000
Montgomery County Community College, Blue Bell, PA, for equipment and 
  technology acquisition in support of the Advanced Center for 
  Technology.....................................................50,000
Moravian College, Bethlehem, PA, for equipment, technology, and 
  curriculum development for a science initiative...............100,000
Morehead State University, Morehead, KY, to establish a center on 
  homeland security policy......................................500,000
Morehouse College, Atlanta, GA, for an Education Technology and 
  Telecommunications Project....................................600,000
Morehouse College, Atlanta, GA, to conduct public and social research 
  on issues affecting African American and minority males at the 
  Morehouse Research Institute..................................160,000
Muhlenberg College, Allentown, PA, to develop a program for advanced 
  discovery in the exploration of the physical and life sciences at the 
  secondary and post-secondary grade levels.....................175,000
National Academies' Science, Technology and Economic Policy (STEP) 
  Board, Washington, DC to study changing labor force requiremen200,000
National Association of Hispanic Publications Foundation, Washington, 
  DC, to improve access to higher education and financial aid 
  opportunities for Hispanic students, including awareness programs in 
  Spanish........................................................75,000
National Center for Disability and Access to Education in Logan, UT to 
  address distance education for individuals with disabilities..300,000
National College Access Network, Cleveland, OH for expanding and 
  strengthening of programs.....................................500,000
N'DIGO Foundation, Chicago, IL, for a merit-based college scholarship 
  program.......................................................100,000
Nevada State College to create a digital learning center........250,000
New Mexico Association of Community Colleges, Santa Fe, NM, for a 
  dental distance education program.............................250,000
New Mexico State University and Dono Ana Branch Community College to 
  expand its manufacturing bridge program........................50,000
New York University, New York, NY, for the John Brademas Center for the 
  Study of Congress, which may include student scholarships and an 
  endowment...................................................1,300,000
North Dakota State College of Science, Wahpeton, ND, for a Center for 
  Nanoscience Technology Training...............................200,000
North Dakota State School of Science, Wahpeton, ND, to continue 
  telepharmacy training in North Dakota.........................200,000
North Florida Community College, Madison, FL for a registered nursing 
  program.......................................................300,000
North Shore Community College, Danvers, MA, for information technology 
  and educational equipment for science center..................200,000
North Shore Community College, Danvers, MA, for workforce development, 
  entrepreneurship education, professional development, distance 
  education, and outreach programs..............................350,000
Northern Illinois Center for Accelerator and Detector Development at 
  Northern Illinois University, DeKalb, IL....................2,000,000
Northern Illinois University, DeKalb, IL for support of the Vibration 
  and Acoustics Center..........................................100,000
Northern Illinois University, DeKalb, IL, for an Intelligent Tutoring 
  Center........................................................300,000
Northern Illinois University, DeKalb, IL, to establish a Nanoscience 
  Institute.....................................................500,000
Northern Kentucky University for the Institute for New Economy 
  Technologies..................................................500,000
Northern Kentucky University, Highland Heights, KY, for its Institute 
  for Public Policy Research and Service........................300,000
Northern Michigan University, Marquette, MI, for operating expenses of 
  the United States Olympic Education Center, including student 440,000
Northwest Shoals Community College, Phil Campbell, AL, for new 
  technology upgrades...........................................250,000
Northwestern College, Orange City, IA, for equipment.............25,000
Nova Southeastern University, Fort Lauderdale, FL, for a Latino 
  Literacy and Technology Training program.......................50,000
Nova Southeastern University, Ft. Lauderdale, FL, for the Shepard Broad 
  Law Center Minority Outreach Online Project...................250,000
Ocean County College, Toms River, NJ, for the Center for Marine S75,000
Oglala Lakota College in Kyle, South Dakota for nursing educatio250,000
Oklahoma State Board of Regents for Higher Education, Oklahoma City, OK 
  to expand the One-Net program for distance learning into rural areas 
  of Oklahoma...................................................100,000
Oregon Institute of Technology, Klamath Falls, OR, for equipment120,000
Orleans Technical Institute, Philadelphia, PA, for equipment and 
  educational programs to train court reporters..................50,000
Pacific Lutheran University, Tacoma, WA, for programmatic support, 
  technology and furnishings for its Center for Learning and Tec950,000
Palo Verde Community College District, Blythe, CA, for equipment500,000
Penn State, University Park, PA, for the Penn State Washington Pr25,000
Philadelphia University, Philadelphia, PA, for technology upgrades and 
  to develop an instructional delivery system which will focus on the 
  integration of technology into coursework.....................500,000

[[Page H10691]]

Philander Smith College, Little Rock, AR, for equipment, supplies, 
  furnishings and personnel for the Harry R. Kendall Science and Health 
  Mission Center................................................320,000
Peirce College, Philadelphia, PA, for technology upgrades and course 
  development for the Peirce Online Four-Year Distance Learning 
  initiative....................................................200,000
Pittsburgh Digital Greenhouse, Pittsburgh, PA, to facilitate work 
  between research universities.................................150,000
Pittsburgh Tissue Engineering Initiative, Pittsburgh, PA, for 
  professional development and to develop education programs....250,000
Potter County Education Council, Coudersport, PA for equipment..150,000
Pratt Institute, Brooklyn, NY, for equipment and technology, personnel 
  and faculty professional development..........................320,000
Providence College, Providence, RI, for equipment, technology and 
  education programs for its Center for the Arts................700,000
Pulaski Technical College, North Little Rock, AR, for library 
  equipment, technology, furnishings and collections............320,000
Purchase College, State University of New York, Purchase, NY, to 
  improve postsecondary education, increase access for minority 
  students, and enhance student support services................250,000
Ramapo College, Mahwah, NJ, for technology and equipment for the 
  Sustainability Education Center................................70,000
Regional Learning Alliance, Marshall Township, PA, to acquire 
  instructional technology and to develop programming as part of a 
  life-long education services initiative for Pittsburgh regional 
  industry and community residents..............................200,000
Research Center for Cultural Diversity and Community Renewal, 
  University of Wisconsin-La Crosse, WI, for Project TEACH and Project 
  FORWARD.......................................................250,000
Rhode Island College Foundation, Providence, RI, for an 
  interdisciplinary research and education center regarding the history 
  of child welfare...............................................75,000
Rhodes College, Memphis, TN, for the Rhodes College Learning Corridor 
  project to expand an educational outreach and partnership program 
  between the University and the Shelby County public school sys250,000
Riverside Community College District, Riverside, CA for curriculum 
  development of the Middle College initiative..................100,000
Robert Morris University, Moon Township, PA, for equipment and 
  development of its nursing and allied health programs.........100,000
Roberts Wesleyan College, Rochester, NY for a distance education 
  program.......................................................100,000
Rowan University, Glassboro, NJ for an Engineering and Technology 
  Satellite Campus in Pomona, NJ................................200,000
Rutgers University School of Law, Camden, NJ, for student scholarships 
  and loan repayment, internships, and public interest programmi640,000
Sacramento City College, Sacramento, CA, for its Allied Health 
  Professions Recruitment and Retention Center..................400,000
Saginaw Valley State University, University Center, MI for a crisis 
  intervention training center..................................200,000
Saint John Fisher College, NY for the School of Pharmacy........100,000
Saint Joseph's College, Brooklyn, NY, for equipment and technology for 
  ``smart classrooms'' at its Brooklyn and Patchogue campuses...400,000
Saint Leo University, St. Leo, FL, for a Corporate to Classroom 
  Transition Program............................................130,000
Saint Vincent College, Latrobe, PA, to develop early childhood 
  education programs for the Fred. M. Rogers Center for Early Learning 
  and Children's Media..........................................100,000
Salve Regina University, Newport, RI, for equipment and personnel for 
  its Center for Advanced Teaching and Learning in Science and 
  Technology....................................................400,000
San Jose State University Foundation, San Jose, CA for the development 
  of paramedic and clinical laboratory scientist training progra440,000
San Pasqual Academy, Escondido, CA, for information technology 
  infrastructure................................................120,000
Santa Clarita Community College District, Santa Clarita, CA, for 
  equipment for the University Center at College of the Canyons.200,000
Santa Fe Community College, Gainesville, FL, for equipment and t500,000
School District of Philadelphia, Philadelphia, PA, for the College 
  Opportunity Resources for Education (CORE) Philly Scholarship 750,000
Security on Campus, Inc., King of Prussia, PA, to develop and conduct 
  regional training sessions on compliance with the Clery Act and the 
  technical assistance handbook..................................25,000
Self Enhancement Inc, Portland, OR, for family support and violence and 
  substance abuse prevention programs...........................250,000
Seminole State College, Seminole, OK for technology equipment...100,000
Seminole State College, Seminole, OK, for the Excel-erated Transitional 
  Nursing program................................................50,000
Seminole State College, Seminole, OK, to improve student retention and 
  graduation rates...............................................25,000
Sheldon Jackson College, Sitka, AK, for the Adult Learners Progr500,000
Shippensburg University Foundation, Shippensburg, PA, for the Center 
  for Land Use..................................................170,000
Shippensburg University, Shippensburg, PA, for equipment, technology 
  and curriculum development for a Performing Arts Center.......200,000
Shoreline Community College, Shoreline, WA, for a Center for 
  Manufacturing Excellence......................................700,000
Sisseton Wahpeton College in Agency Village, South Dakota for a Dakota 
  language preservation program.................................250,000
Snead State Community College, Boaz AL for a nursing program....400,000
Snow College, Ephraim, UT to support a distance learning program200,000
Sonoma State University, Rohnert Park, CA, for the Osher Lifelong 
  Learning Institute, including student scholarships and coordination 
  with the nationwide Osher network.............................200,000
South Carolina State University, Orangeburg, SC for equipment and 
  program support...............................................350,000
South Florida Community College, Avon Park, FL, for equipment...200,000
Southeast Missouri State University, Cape Girardeau, Missouri, for 
  equipment.....................................................550,000
SouthEastern Pennsylvania Consortium for Higher Education, PA, for the 
  Institute for Mathematics and Science to provide professional 
  development to K-12 teachers..................................750,000
Southern Illinois University, Carbondale, IL, for the Paul Simon Public 
  Policy Institute, including an endowment....................1,000,000

[[Page H10692]]

Southern Maine Community College, South Portland, ME, to develop an 
  entrepreneurial/ business ownership certificate program, student 
  business incubator and high school entrepreneurial programs...150,000
Southern Methodist University, Dallas, TX, for equipment........500,000
Southern New England School of Law, North Dartmouth, MA, for the 
  Immigration Law Clinic, including student stipends............125,000
Southern New Hampshire University, New Hampshire to continue and expand 
  a distance learning program...................................250,000
Southwestern Indian Polytechnic Institute, Albuquerque, NM for 
  technical skills training......................................35,000
Stark State College of Technology, Canton, OH for outreach and 
  expansion activities..........................................300,000
State University of New York at Geneseo, Geneseo, NY, for equipm250,000
State University of New York Orange County Community College, 
  Middletown, NY, for the Newburgh Extension Center.............250,000
State University System of Florida to continue a partnership on 
  identifying and addressing the highest priority issues in K-12 
  education.....................................................100,000
Sweetwater Education Foundation, for its Compact for Success program, 
  including student scholarships................................540,000
Syracuse University in New York to establish the Daniel Patrick 
  Moynihan Global Affairs Institute, including support for an 5,000,000
Tacoma Community College, Tacoma, WA, for equipment, technology, and 
  furnishings for an open computer lab..........................450,000
Tallahassee Community College, Tallahassee, FL, to establish satellite 
  education centers.............................................300,000
Tarleton State University, Stephenville, TX, for equipment and 
  technology for its Center for the Advancement of Rural Nursing 
  Education.....................................................350,000
Texas State University, San Marcos, TX, for a Round Rock Higher 
  Education Center (RRHEC) in Round Rock, TX....................250,000
Texas Tech University, Lubbock, TX for the Center for the Study of 
  Addiction.....................................................250,000
Texas Wesleyan University School of Law, Fort Worth, TX, for technology 
  improvements..................................................411,000
Thiel College, Greenville, PA to support agriculture and biology 
  programs, which may include the acquisition of equipment......100,000
Thiel College, Greenville, PA, for campus-wide technology 
  infrastructure upgrades.......................................130,000
Thurgood Marshall Scholarship Fund, New York, NY, for capacity building 
  activities at historically black colleges.....................400,000
Touro University--California, Vallejo, CA, to design, develop and 
  implement College of Education programs on its Mare Island cam500,000
Trenholm State Technical College, Montgomery, AL, for equipment..90,000
Trident Technical College, Charleston, South Carolina, to equip the 
  hospitality, tourism and culinary arts program................250,000
Troy State University, Troy, AL, for the Virtual University of the 
  Armed Forces and Others.......................................125,000
United Negro College Fund Special Programs Foundation, Fairfax, VA, for 
  a capacity building project benefiting historically black colleges 
  and universities, including instrumentation acquisition, professional 
  development for faculty, and scholarships for students........125,000
University of Akron, Akron, OH for a distance learning program with the 
  Bliss Institute...............................................150,000
University of Akron, Akron, OH for an aerospace systems engineering 
  degree program................................................200,000
University of Akron, Akron, OH for emergency management curriculum and 
  technology....................................................150,000
University of Alabama, Tuscaloosa, AL for laboratory equipment..325,000
University of Alaska Statewide Office for the University of Alaska 
  Leadership Institute/Center for Civics Democracy..............250,000
University of Alaska/Southeast for the Alaska Distance Education 
  Technology Consortium.........................................500,000
University of Alaska/Southeast to develop distance education coursework 
  for arctic engineering courses and programs...................100,000
University of Arizona Health Science Center, Tucson, AZ, for the 
  combined family practice residency/integrative medicine fellowship 
  training program..............................................100,000
University of Arizona to establish an indigenous peoples law and policy 
  project.......................................................200,000
University of Arkansas for Medical Sciences for curriculum and 
  infrastructure development for the Mid-America Genetics Distance 
  Education Consortium........................................1,250,000
University of Arkansas, School of Social Work, Fayetteville, Arkansas, 
  for the School of Social Work Research Center.................100,000
University of California, Hastings College of the Law, San Francisco, 
  CA, for the Center for Gender and Refugee Studies to establish a 
  clinical education program....................................200,000
University of Central Florida, Orlando, FL for the Lou Frey Institute 
  of Politics...................................................250,000
University of Cincinnati, Cincinnati, OH for the Ohio Partnership for 
  Accountability................................................200,000
University of Dayton, Dayton, OH, for the Dayton Early College Academy 
  project.......................................................500,000
University of Dubuque in Dubuque, Iowa for the establishment of a 
  nursing education program.....................................500,000
University of Florida, Gainesville, FL, for equipment for the Norman 
  Hall project..................................................100,000
University of Georgia, Athens, GA, for the Croatian Partnership for 
  Higher Education Reform........................................75,000
University of Guam School of Nursing and Health Sciences, Mangilao, GU, 
  for its bachelor of science in nursing program................240,000
University of Hartford, West Hartford, CT, for equipment and technology 
  for the Hartt School Performing Arts Center...................100,000
University of Hawaii at Hilo for the Applied Rural Science Progra50,000
University of Hawaii at Hilo for the Clinical Pharmacy Training 700,000
University of Idaho for scholarships and program support of the Lionel 
  Hampton Artist in Residence and the Lionel Hampton Scholars...400,000
University of Memphis, Memphis, TN for the Benjamin L. Hooks Institute 
  for Social Change, which may include support for an endowment.250,000
University of Mississippi, Oxford, MS for curriculum development and to 
  enhance the development of young men and women to make future 
  contributions to MS and the nation..........................3,000,000

[[Page H10693]]

University of Montana School of Law, Missoula, MT for infrastructure at 
  the University of Montana School of Law, including the acquisition of 
  equipment and technology......................................700,000
University of Nebraska at Kearney, Kearney, NE, for student prep250,000
University of Nebraska at Omaha, Omaha, NE, for teaching comparative 
  American history..............................................100,000
University of Nevada, Las Vegas for educational outreach at the Women's 
  Research Institute of Nevada..................................100,000
University of Nevada, Reno for the Latino Studies program.......100,000
University of New England, Biddeford, ME, for a Dental Residency 
  Program.......................................................250,000
University of New Mexico to establish the Oral Health Institute..75,000
University of New Orleans, LA, for the Center for School Improvement 
  and Teaching and Learning Excellence........................1,000,000
University of North Florida, Jacksonville, FL, for a Virtual School 
  Readiness Incubator Project...................................600,000
University of North Texas, Denton, TX, for a Regional Center for 
  Advanced Scientific Computing and Modeling Program............250,000
University of North Texas, Denton, TX, for the Laboratory Experience 
  and Development of Early Researchers program..................250,000
University of North Texas, Denton, TX, in cooperation with Paul Quinn 
  College, for a Science and Math Teacher Academy...............240,000
University of Northern Iowa, Cedar Falls, IA for program development 
  and support of the Center for Applied Gerontology.............145,000
University of Oklahoma, Tulsa, OK for development and support of a 
  graduate degree program, which may include the acquisition of 
  equipment.....................................................300,000
University of Redlands, Redlands, CA for technology enhancement.350,000
University of Richmond Gottwald Science Center, Richmond, VA for 
  equipment and technology......................................100,000
University of Rochester Medical Center, Rochester, NY, for student 
  scholarships in the School of Nursing.........................250,000
University of Saint Francis, Fort Wayne, IN, for technology.....150,000
University of San Francisco, San Francisco, CA, for equipment and 
  programs at the Harney Science Center.........................575,000
University of South Carolina, Columbia, SC, for the Strom Thurmond 
  Fitness and Wellness Center.................................5,000,000
University of South Florida, Sarasota/Manatee Campus, Sarasota, FL, for 
  the Center for Advanced Health Practices and Policy Formation..75,000
University of South Florida, Tampa, FL, for a globalization research 
  network, including the University of Hawaii, Manoa; George Washington 
  University; and the University of California, Los Angeles.....890,000
University of Southern Mississippi, Hattiesburg, MS to enhance economic 
  development teaching, training, and research opportunities..2,000,000
University of St. Thomas Interprofessional Clinic for Counseling and 
  Legal Services, St. Paul, MN...................................75,000
University of Texas at Austin, Austin, TX, for the Texas Engineering 
  and Technical Consortium....................................1,000,000
University of Texas Foundation, Austin TX, for the UT Public Policy 
  Fellowship Initiative, which may include support of internship 
  programs......................................................250,000
University of Texas Pan American, Edinburg, TX, for the Raul Yzaguirre 
  Policy Institute, including student support...................640,000
University of Texas, Arlington, TX for SMART manikins and equipment in 
  the Smart Emergency Department................................500,000
University of Texas, Austin, TX for the Bill Archer Center......500,000
University of the Pacific, McGeorge School of Law, Sacramento, CA for a 
  cross-disciplinary project....................................255,000
University of the Pacific, Stockton, CA, for the Business Forecasting 
  Center........................................................490,000
University of the Sciences in Philadelphia, Philadelphia, PA, for the 
  Science Education Partnership in partnership with the Philadelphia 
  School District to improve math and science education.........100,000
University of the South, Sewanee, TN, for equipment and technolo250,000
University of Tulsa, Tulsa, OK for critical research instrumentation 
  and equipment to enhance campus infrastructure for information 
  security......................................................100,000
University of Vermont of Burlington, VT to establish an advanced 
  practice graduate nursing program in psychiatric-mental health 
  nursing.......................................................300,000
University of Virginia Center for Politics, Charlottesville, VA, for 
  the Youth Leadership Initiative.............................1,400,000
University of Wisconsin-Baraboo/Sauk County, Baraboo, WI, for equipment 
  and technology for the Robert L. Brown Theater.................50,000
University of Wisconsin-Eau Claire, School of Nursing, Eau Claire, WI, 
  for an accelerated baccalaureate degree program in nursing....300,000
University of Wisconsin-La Crosse in La Crosse, WI to expand mentoring 
  programs to assist students of Hmong descent in attaining teacher 
  certification.................................................250,000
University of Wisconsin-Marathon, WI, for science equipment and 
  furnishings...................................................275,000
University of Wisconsin-Whitewater in Whitewater, WI to provide support 
  services for mentally disabled students to succeed in higher 
  education.....................................................150,000
University of Wisconsin-Wood, WI, for science equipment and furn400,000
University of Wyoming, Laramie, WY for technological infrastructure 
  improvements..................................................400,000
University of Wyoming, Laramie, WY for the American Heritage Cen315,000
Urban College of Boston in Massachusetts to support higher education 
  program serving low-income and minority students..............900,000
Utah State Board of Regents, Utah Higher Education Assistance 
  Authority, Salt Lake City, UT, for scholarships and program support 
  under the Cesar Chavez Scholarship Program....................125,000
Utah Valley State College, Orem, UT for distance education.......50,000
Villa Julie College, Stevenson, MD, to establish a nursing distance 
  learning program..............................................250,000
Virginia Military Institute, Lexington, Virginia, for curriculum and 
  program support of the Science and Security Minor.............500,000
Virginia State University, Petersburg, VA, for technology equipment for 
  the School of Engineering.....................................350,000
Wake Technical Community College, Raleigh, NC, to implement a first 
  responder training program....................................100,000
Waldorf College, Forest City, IA, for lab equipment.............150,000

[[Page H10694]]

Wallace Community College, Dothan, AL, for Teaching for the Future 
  Initiative....................................................250,000
Walsh College, Troy, MI for program development and software for the 
  Center of Excellence for Information Assurance Education......125,000
Washington College, Chestertown, MD, for equipment and infrastructure 
  technology....................................................260,000
Washington State University to provide education and research 
  opportunities for tribes and tribal colleges and support the 
  Northwest Regional Native American project....................250,000
Webster University, St. Louis, MO, for literacy services, including the 
  volunteer Student Literacy Corps, at its Institute for Literac750,000
Wesleyan College, Macon, Georgia, Willet Memorial Library.......100,000
West Chester University, West Chester, PA, for technology 
  infrastructure upgrades.......................................100,000
West Kern Community College District, Taft, CA, for equipment...150,000
Western Governor's University (WGU), Salt Lake City, Utah to provide 
  advanced education and competency-based teaching degrees and 
  certificates..................................................800,000
Western Iowa Tech Community College, Sioux City, IA, for equipme120,000
Western Michigan University, College of Health and Human Services, 
  Kalamazoo, MI, for science equipment..........................400,000
Western Nebraska Community College, Scottsbluff, Nebraska, for the 
  Western Nebraska Center for Business and Individual Training, 
  including the acquisition of equipment........................250,000
Western Nevada Community College to create an Occupational Therapy 
  Assistant program.............................................250,000
Western Oregon University, Monmouth, OR, for equipment and technology 
  for the Division of Computer Science, Division of Business and 
  Economics, and Department of Mathematics......................370,000
Wharton County Junior College, Wharton, TX, for instructional equipment 
  and technology information management infrastructure..........500,000
Wheaton College, Norton, MA, for program development and equipment for 
  a new science facility........................................225,000
Widener University School of Law, Harrisburg, PA, for technology 
  infrastructure upgrades.......................................100,000
Widener University, Chester, PA for the Institute for Graduate Clinical 
  Psychology..................................................1,000,000
Wilkes University, Wilkes-Barre, PA, to develop programming for a 
  Language Institute to improve foreign language study..........100,000
Wilkes-Barre General Hospital, Wilkes-Barre, PA, to develop nurse 
  educator programs to instruct nursing students................200,000
Wilson College, Chambersburg, PA, for the development of a public 
  policy institute to address the needs of single mothers.......100,000
Wisconsin Association of Independent Colleges and Universities, WI, for 
  a collaboration project to consolidate administrative operations and 
  information technology........................................800,000
World Learning, Brattleboro, VT, to develop teaching guides for the 
  less-commonly-taught Asian languages..........................100,000
York Technical College, Rock Hill, SC, for its National Precision 
  Metalworking Center of Excellence.............................650,000
     Other Programs
       The conference agreement includes $843,289,000 for TRIO 
     instead of $842,559,000 as proposed by the House and 
     $844,500,000 as proposed by the Senate. The agreement also 
     includes $308,960,000 for the GEAR UP program instead of 
     $318,230,000 as proposed by the House and $302,500,000 as 
     proposed by the Senate. The conferees intend that funds be 
     awarded on an annual basis and that the Department consult 
     with Congressional committees of jurisdiction prior to new 
     grant competition announcements. The conference agreement 
     provides a sixth and final year award to grantees first 
     funded in 2000, while continuing all other funded projects. 
     The conferees also intend that these funds are available to 
     eligible 1999 grantees that opt to apply for new grant awards 
     servicing a cohort no later than seventh grade, and are 
     allowed to continue assisting students who have not yet 
     completed the program through high school graduation.
       The agreement also includes $41,000,000 for Byrd Honors 
     Scholarships as proposed by the Senate. The House did not 
     propose funding for this activity.
       The conference agreement also includes $68,888,000 for 
     Teacher Quality Enhancement Grants instead of $88,888,000 as 
     proposed by both the House and the Senate. The agreement 
     includes $7,000,000 for demonstrations in disabilities, 
     $2,222,000 for the underground railroad program, and 
     $3,000,000 for Thurgood Marshall Scholarships as proposed by 
     the Senate. The House did not propose funding these 
     activities. The agreement also includes $988,000 for Olympic 
     Scholarships as proposed by the House. The Senate bill did 
     not provide funding for this program.

                           Howard University

       The conference agreement includes $240,715,000 for Howard 
     University instead of $243,893,000 as proposed by the House 
     and $239,763,000 as proposed by the Senate.

                    Institute of Education Sciences

       The conference agreement includes $527,453,000 for 
     Education Research, Statistics and Improvement instead of 
     $526,804,000 as proposed by the House and $536,804,000 as 
     proposed by the Senate.
       The conference agreement includes $25,000,000 for statewide 
     data systems instead of $30,000,000 as proposed by the House 
     and $40,000,000 as proposed by the Senate. The Educational 
     Technical Assistance Act of 2002 authorized a competitive 
     grant program to State Educational Agencies to enable such 
     agencies to design, develop, and implement, statewide, 
     longitudinal data systems to manage, analyze, disaggregate, 
     and use individual student data. The conferees believe these 
     funds are necessary to help States measure individual student 
     performance, particularly as it relates to adequate yearly 
     progress goals, more efficiently and more accurately. The 
     conferees also urge the Department to establish a priority 
     for those States that currently have the most limited ability 
     to collect, analyze and report individual student achievement 
     data when considering applications for funds available 
     through this program.
       The conferees expect the Department to develop and 
     implement this program so that it serves the key goals of 
     generating and using accurate and timely data to facilitate 
     research needed to improve student achievement, eliminate 
     achievement gaps and comply with and meet reporting 
     requirements of the Elementary and Secondary Education Act, 
     as stated in section 208(c) of Public Law 107-279. The 
     conferees believe that this program, if effectively 
     implemented so as to enable the collection of longitudinal 
     data on individual student achievement, will greatly 
     facilitate randomized controlled trials and other rigorous 
     longitudinal studies needed to determine which educational 
     interventions are effective and which are not.
       The conferees believe that a greater focus must be placed 
     on the use of randomized controlled trials, longitudinal 
     studies, and other research that meets the standards set by 
     the National Research Council. For this reason, the conferees 
     strongly encourage IES to work with the Secretary to create a 
     competitive preference system whereby schools would receive 
     priority for awards by agreeing to participate in randomized 
     research studies. One potential system would entail funding 
     schools in pairs, where at random one school would receive a 
     new program immediately and the other would receive it a year 
     later, thereby creating conditions conducive to randomized 
     controlled studies.
       The conference agreement also includes $83,774,000 for 
     research and innovation in special education. Within the 
     total, the conference agreement includes funding for the 
     following:

Best Buddies Connecticut, New Haven, CT, to enhance the lives of people 
  with mental retardation by providing opportunities for one-to-one 
  friendships and integrated employment........................$150,000
Best Buddies International, Inc., Miami, FL, to enhance the lives of 
  people with mental retardation by providing opportunities for one-to-
  one friendships and integrated employment...................1,000,000
Best Buddies Maryland, Baltimore, MD, to enhance the lives of people 
  with mental retardation by providing opportunities for one-to-one 
  friendships and integrated employment.........................250,000

[[Page H10695]]

Best Buddies Rhode Island, Providence, RI, to enhance the lives of 
  people with mental retardation by providing opportunities for one-to-
  one friendships and integrated employment.....................200,000
Best Buddies Texas, Houston, TX, for program expansion...........50,000
Best Buddies Virginia, Miami, FL for expansion of Northern Virginia 
  programs......................................................140,000
Bubel/Aiken Foundation for a demonstration on K-12 Inclusion Community 
  Service.......................................................500,000
Celeste Foundation, Mt. Doro, FL, to provide technical assistance to 
  parents and caregivers of autistic children on early intervention 
  therapies...................................................1,400,000
Center for Creative Play, Pittsburgh, PA, to support services for 
  disabled children and their families...........................25,000
Center for Functional and Molecular Imaging, Georgetown University, 
  Washington, DC, for the Early Diagnosis of Developmental Dyslexia 
  Project.......................................................250,000
City of Rocklin, California, for a Rocklin Integrated Schools Pr195,000
Daemen College, Amherst, NY, for special education services.....600,000
Fiesta Educativa, Inc., Los Angeles, CA, for its Fiesta Familiar, home-
  based training initiative for parents of children with disabili55,000
Friendship Circle, West Bloomfield, MI for Life Village.........425,000
Holy Family Learning Center, Pittsburgh, PA, to provide specialized 
  educational services to children and adults...................100,000
Illinois State University, Normal, IL for the Special Education 
  Assistive Technology Center...................................500,000
International Center on Deafness and the Arts, Northbrook, IL for a 
  teacher training program......................................200,000
Jeremiah Cromwell Disabilities Center, Portland, ME, for library 
  enhancements and awareness training for elementary school stud100,000
Learning Disabilities Association of America, Pittsburgh, PA, to expand 
  parent and teacher training programs and to increase resources 
  available regarding learning disabilities......................25,000
Learning Disabilities Association of Central New York, E. Syracuse, NY 
  for educational consulting services...........................100,000
Lee Pesky Learning Center, Boise, ID, to provide educational mat200,000
Lehigh University, Bethlehem, PA, for research to improve the lives of 
  disabled individuals at the Center for Promoting Healthy Development 
  for Individuals with Disabilities.............................100,000
Middle Tennessee State University, Murfreesboro, TN, for its Center for 
  the Study and Treatment of Dyslexia to improve instruction for 
  students with dyslexia........................................500,000
National Cued Speech Association, Cleveland, OH, for a deaf children's 
  literacy project..............................................325,000
Ohio School for the Deaf, Columbus, OH, for the virtual reality 
  educational system for the deaf...............................100,000
Parent Training and Information Center of Iowa--The Legal Hand P100,000
Peoria School District 150, Peoria, IL, to establish a special 
  education technology partnership with Department of Special Education 
  at Illinois State University..................................200,000
School for Children with Hidden Intelligence, Lakewood, NJ, for 
  disability education..........................................300,000
Sephardic Community Center, Brooklyn, NY, to expand weekend and summer 
  programming for children with learning disabilities...........100,000
Southeast Island School District to develop two-way interactive video 
  conferencing to provide special education services at 9 isolated 
  school sites in Southeast Alaska..............................100,000
Spurwink Institute, New Gloucester, ME to work with area schools to 
  provide a comprehensive network of support for special education 
  students and juvenile offenders...............................400,000
U.S. Disabled Athletes Fund, Atlanta, GA for the Blaze Sports Clubs for 
  youth with disabilities.......................................100,000
United Cerebral Palsy Central PA, Camp Hill, PA, in collaboration with 
  the Cumberland-Perry Association for Retarded Citizens, Carlisle, PA, 
  for a contemporary day program for young adults with disabiliti25,000
University of Northern Colorado National Center for Low-Incidence 
  Disabilities..................................................450,000
University of Northern Iowa, Cedar Falls, IA, for WeBCATT: The National 
  Institute of Technology for Inclusive Education project.......333,000
University of Southern Mississippi, Hattiesburg, MS, for the Center for 
  Literacy and Assessment.....................................1,000,000
Workplace Technology Foundation, King of Prussia, PA to provide 
  training to special education students to increase employability upon 
  graduation.....................................................25,000

                        Departmental Management

       The conference agreement includes $423,379,000 for 
     Departmental program administration instead of $421,055,000 
     as proposed by the House and $420,379,000 as proposed by the 
     Senate. The agreement also includes $90,248,000 for the 
     Office for Civil Rights as proposed by the House instead of 
     $92,801,000 as proposed by the Senate. The agreement also 
     includes $47,790,000 for the Office of the Inspector General 
     as proposed by the House instead of $50,576,000 as proposed 
     by the Senate.
       The conferees applaud the Department for its support of the 
     Strengthening the Capacity of Historically Black Colleges and 
     Universities (HBCU) through a Collaborative Initiative, which 
     is designed to achieve an improved cadre of senior leaders, 
     more effective management of HBCUs, more efficient campus 
     operations, and better governance at public and private 
     HBCUs. The conferees encourage the Department to explore all 
     possible actions to increase the availability of technical 
     assistance that supports these institutions' efforts to 
     maintain the financial standing necessary to meet performance 
     standards and accreditation.
       The conferees are concerned about the continued delay in 
     release of the title IV handbook regarding campus crime 
     statistics that was called for more than 18 months ago. The 
     conferees urge the Department to release the handbook as soon 
     as possible. In addition, the conferees expect the Department 
     to implement a training program that will help institutions 
     of higher education utilize this new handbook and comply with 
     section 458(f) of the Higher Education Act.

                           General Provisions


               impact aid application deadline extension

       The conference agreement includes a provision making a 
     technical change to the Impact Aid program to extend the 
     application deadline for applying for section 8002 federal 
     property payments from fiscal year 2005 to fiscal year 2007 
     as proposed by the House. The Senate bill contained no 
     similar provision.


                          loan consolidations

       The conference agreement does not include a provision 
     proposed by the House relating to consolidation loans. The 
     Senate bill contained no similar provision.


              education block grant and even start funding

       The conference agreement does not include a provision 
     proposed by the House relating to funding for the education 
     block grant and Even Start programs. Funding for these 
     programs is provided elsewhere in title III of this bill.


                         federal needs analysis

       The conference agreement does not include language proposed 
     by the Senate prohibiting the Department of Education from 
     implementing annual updates to the tax tables used in Federal 
     Needs Analysis Methodology. The House bill contained no 
     similar provision.


                         technical corrections

       The conference agreement contains two technical corrections 
     relating to projects included in the fiscal year 2004 bill. 
     Neither the House nor the Senate bills contained similar 
     provisions.


                         pell grant eligibility

       The conference agreement includes a new general provision 
     related to eligibility for

[[Page H10696]]

     Pell Grants for certain students enrolled in institutions of 
     higher educationin Palau. Neither the House nor the Senate 
     bills contained this provision.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       The conference agreement includes $61,624,000 for the Armed 
     Forces Retirement Home instead of $61,195,000 as proposed by 
     the House and the Senate.

 Committee for Purchase From People Who Are Blind or Severely Disabled

       The conference agreement provides $4,707,000 for the 
     Committee for Purchase from People who are Blind or Severely 
     Disabled instead of $4,672,000 as proposed by the House and 
     as proposed by the Senate in S. 2806.

             Corporation for National and Community Service


        domestic volunteer service programs, operating expenses

       The conference agreement includes $356,598,000 for the 
     Domestic Volunteer Service programs instead of $353,197,000 
     as proposed by the House and $357,814,000 as proposed by the 
     Senate.
     Volunteers in Service to America (VISTA)
       The conference agreement includes $95,000,000 for VISTA 
     instead of $93,731,000 as proposed by the House and 
     $96,428,000 as proposed by the Senate.
     National Senior Volunteer Corps
       The conference agreement includes $112,323,000 for the 
     Foster Grandparent Program (FGP) as proposed by both the 
     House and the Senate. The conferees intend that one-third of 
     the increase over the fiscal year 2004 level shall be used to 
     fund Program of National Significance [PNS] expansion grants 
     to allow existing FGP programs to expand the number of 
     volunteers serving in areas of critical need. All remaining 
     funds shall be used to fund an administrative cost increase 
     for each Foster Grandparent Program nationwide. The amount to 
     be allocated to individual grantees shall be calculated based 
     on a percentage of the entire federal grant award in FY 2004, 
     including the amount specified for payment of non-taxable 
     stipends to Foster Grandparent volunteers. The Corporation 
     for National and Community Service (CNCS) shall comply with 
     the directive that use of PNS funding increases in the FGP 
     shall not be restricted to any particular activity. The 
     conferees further direct that CNCS shall not stipulate a 
     minimum or maximum amount for PNS grant augmentation.
       The maximum amount that CNCS may use in FY 2005 for 
     communications and training and technical assistance 
     activities shall not exceed the amount enacted for these two 
     activities in FY 2004.
       The conference agreement also includes $46,275,000 for the 
     Senior Companion Program (SCP) instead of $45,987,000 as 
     proposed by the House and $46,563,000 as proposed by the 
     Senate. The agreement also includes $59,000,000 for the 
     Retired Senior Volunteer Program (RSVP) instead of 
     $58,156,000 as proposed by the House and $60,000,000 as 
     proposed by the Senate.
       Funds appropriated for FY 2005 may not be used to implement 
     or support service collaboration agreements or any other 
     changes in the administration and/or governance of national 
     service programs prior to passage of a bill by the 
     authorizing committee of jurisdiction specifying such 
     changes.
       The Corporation shall comply with the directive that use of 
     funding increases in the FGP, RSVP, SCP and VISTA not be 
     restricted to any particular activity. In addition, none of 
     these increases may be used to fund demonstration activities. 
     The conferees have not included funding for senior 
     demonstration activities.
     Program Administration
       The conference agreement includes $39,000,000 for program 
     administration instead of $38,000,000 as proposed by the 
     House and $37,500,000 as proposed by the Senate.

                  Corporation for Public Broadcasting

       The conference agreement includes $39,705,000 for digital 
     conversion instead of $49,705,000 as proposed by the Senate. 
     The House had proposed providing authority for CPB to utilize 
     previously appropriated funds for this purpose.
       The conference agreement also includes $40,000,000 as the 
     second installment of a three-year project to replace the 
     satellite interconnection system. The Senate had proposed 
     $50,000,000 for this purpose. The House had proposed 
     providing authority for CPB to utilize previously 
     appropriated funds for this purpose.
       The conferees strongly urge the CPB to allocate not less 
     than $100,000 to the 14 public radio stations around the 
     nation that provide the sole source of radio news and 
     information in their communities. The additional funds would 
     permit these stations to extend their broadcast hours and 
     improve service to their listeners.

               Federal Mediation and Conciliation Service

       The conference agreement provides $44,797,000 for the 
     Federal Mediation and Conciliation Service instead of 
     $43,964,000 as proposed by the House and $44,464,000 as 
     proposed by the Senate.
       The conferees continue to support the FMCS program to 
     prevent youth violence. The conferees are especially pleased 
     with the development of a CD-ROM that will address conflict 
     resolution among preschool and elementary age children. 
     Included in the total appropriation is $500,000 to be used 
     for FMCS to continue their work to prevent youth violence by 
     teaching students mediation and conflict resolution 
     techniques.

            Federal Mine Safety and Health Review Commission

       The conference agreement provides $7,872,000 for the 
     Federal Mine Safety and Health Review Commission instead of 
     $7,813,000 as proposed by the House and the Senate.

                Institute of Museum and Library Services

       The conference agreement provides $282,827,000 for the 
     Institute of Museum and Library Services instead of 
     $261,743,000 as proposed by the House and $262,240,000 as 
     proposed by the Senate.
       Within the total for the Institute, the conference 
     agreement includes funding for the following activities in 
     the following amounts.

                       [In thousands of dollars]

        Program                                                 FY 2005
Museums for America.............................................$18,000
Museum Assessment...................................................450
Museum Conservation Prog..........................................3,630
Museum Natl. Leadership Proj......................................7,600
Native American Museum Services.....................................850
Library Serv. State Grants......................................162,000
Native American Library Services..................................3,500
Library Natl. Leadership Grants..................................12,400
Librarians for the 21st Century..................................23,000
Administration...................................................11,186

       Within the funds provided for Museums of America, 
     $1,000,000 is for continuation of the 21st Century Museum 
     Professional program.
       The conference agreement also specifies funding for the 
     following:

Academy of Natural Sciences, Philadelphia, PA, for exhibits and 
  programming associated with the Lewis and Clark expedition...$100,000
Alaska Native Heritage Museum, Anchorage, AK in cooperation with the 
  Koahnic Broadcasting Corporation for its Elders Oral History P300,000
Alex Haley House and Museum, Henning, TN to preserve collections and 
  improve exhibits...............................................50,000
Allegheny County, Pittsburgh, PA for exhibit design and developm100,000
Allentown Public Library, Allentown, PA, for technological upgrades and 
  educational programs..........................................100,000
AMISTAD America, Inc., New Haven, CT, for an endowment fund as 
  authorized under P.L. 108-184.................................400,000
Amistad Research Center, Tulane University, New Orleans, LA, for 
  faculty research fellowship and student internship programs...320,000
Anniston Museum of Natural History, Anniston, AL, for enhanced 
  classroom curriculum...........................................50,000
Antiquarian & Landmarks Society, Hartford, CT, for the Nathan Hale 
  Homestead in Coventry.........................................100,000
Arab Community Center for Economic and Social Services (ACCESS), 
  Dearborn, MI, for exhibits and museum programs................100,000
Athenaeum of Philadelphia, Philadelphia, PA, for conservation and 
  preservation of library materials..............................75,000
Audubon Pennsylvania, Audubon, PA, for exhibits and nature education 
  programs at the Mill Grove Audubon Center......................75,000
Autry National Center, Los Angeles, CA, for exhibits, education 
  programs and outreach at its Southwest Museum of the American Indian 
  and/or its Museum of the American West........................200,000
Baylor University, Waco, TX, for archival activities, exhibits, and 
  education programs for the Mayborn Museum Complex.............200,000
Beth Medrash Govoha, Lakewood, NJ, for equipment, exhibits and 
  preservation of collections...................................500,000
Bibliographical Society of America, New York, NY................125,000
Bishop Museum in Hawaii for digitization of old Hawaiian language 
  newspapers and other activities to preserve the culture of Native 
  Hawaiians.....................................................500,000

[[Page H10697]]

Boys and Girls Harbor, New York, NY, for the preservation and 
  digitalization of Raices Collection, a multi-media collection 
  documenting the history of Afro-Caribbean Latin music in Ameri100,000
Brooklyn Academy of Music, Brooklyn, NY, for preservation and 
  management of its archives.....................................75,000
Business Association of West Parkside, Philadelphia, PA to exhibit the 
  Negro Leagues Baseball Memorial................................50,000
Canton Museum of Art, Canton, OH, to develop and implement the 
  HeARTland program.............................................200,000
Cape Cod Maritime Museum, Hyannis, MA for the development of 
  exhibitions and programs......................................100,000
Carnegie Museums of Pittsburgh, Pittsburgh, PA, for preservation of 
  collections at the Carnegie Museum of Natural History.........100,000
Catawba County Historical Association, Newton, NC................25,000
Chaldean Community Culture Center, West Bloomfield, MI, for programs 
  that promote Chaldean language, history, culture and teacher t200,000
Charles H. Wright Museum of African American History, Detroit, MI, for 
  exhibits, education programs, technology and operations.......400,000
Cherry Hill Township in New Jersey for improved library technolog84,000
Chicago Historical Society, Chicago, for expansion of the Chicago 
  Historical Society's collections and exhibits.................150,000
Children's Museum in Oak Lawn, Oak Lawn, IL, for its ``Explore and 
  Soar'' education program......................................200,000
City of Henderson, NC, for personnel, equipment and technology for the 
  H. Leslie Perry Memorial Library..............................100,000
City of Jackson, MS for the Medger Wiley Evers Museum for program and 
  exhibit design and development................................200,000
City of Jackson, TN to support technology upgrades at the Jackson-
  Madison County Public Library.................................250,000
City of Murrieta Public Library, Murrieta, CA, for a Literacy thru 
  Technology Program............................................150,000
Claude Pepper Center in Tallahassee, Florida for the digitization of 
  library holdings..............................................500,000
College of Physicians of Philadelphia, Philadelphia, PA, to preserve 
  its medical library and art collection........................100,000
Colleton County Memorial Library, Walterboro, SC, for books and library 
  materials......................................................50,000
Columbus Museum of Art, Columbus, OH, to develop, test, and fabricate 
  the exhibition, train teachers and docents and publicize the project 
  and produce related educational materials......................76,000
Contra Costa County, Martinez, CA, for the Contra Costa Reads pro72,000
Currier Museum of Art, Manchester, New Hampshire for educational 
  programs and community outreach...............................300,000
Des Moines Arts Center for the protection of the current collect825,000
East Tennessee Historical Society, Knoxville, TN, to expand and develop 
  exhibits that teach of the culture and history of East Tenness500,000
Edison House Museum, Louisville, KY, for educational programs....30,000
Everhart Museum, Scranton, PA...................................100,000
Experience Music Project in Seattle, WA for an Oral History Prog430,000
Fairfax County Public Library, Fairfax, VA, for its Motheread/Fatheread 
  Plus family literacy initiative...............................100,000
Field Museum, Chicago, IL for establishing networked computer database 
  for collections management....................................800,000
Fine Arts Museums of San Francisco for the De Young Museum's Art 
  Education Program.............................................100,000
Florence Library Learning Center, Los Angeles, CA, for reading and 
  other education programs......................................275,000
Florida International Museum, St. Petersburg, Florida, for professional 
  activities....................................................650,000
Folger Library, Washington, DC, for exhibits, operations, and public 
  programs including education and outreach.....................500,000
Frederick Douglass Museum, Washington, DC, for an African American 
  cultural outreach center.......................................50,000
Free Library of Philadelphia, Philadelphia, PA, for technology and 
  equipment upgrades.............................................75,000
George Washington University, Washington, DC, for the Eleanor Roosevelt 
  Papers Project................................................350,000
Greenburgh Public Library, Tarrytown, NY, for computers and techn12,000
Greensburg Hempfield Area Public Library, Greensburg, PA for comp50,000
Grout Museum, Waterloo, IA, for exhibitions.....................500,000
Harbor Heritage Society, Cleveland, OH, for MAKING WAVES: Vessel-wide 
  interpretive exhibit planning for the Steamship William G. Mather 
  Maritime Museum...............................................200,000
HealthSpace Cleveland, Cleveland, OH for exhibits...............250,000
Hellenic Cultural Association, Salt Lake City, UT, for exhibit and 
  program development at the Hellenic Cultural Museum............75,000
Hendry County, LaBelle, FL, for books and technology for Harlem 150,000
Hesperia Community Library, Hesperia, CA........................500,000
Historical Society of Western Pennsylvania, Pittsburgh, PA for exhibit 
  and curriculum development for the Western Pennsylvania Sports 75,000
HistoryMakers, Chicago, IL, to create a digital archive dedicated to 
  preserving the history and accomplishments of African Americans75,000
Home Port Alliance for the USS New Jersey for restoration and 
  preservation..................................................150,000
Hopkinsville-Christian County Public Library, Hopkinsville, KY..100,000
Hunter College, New York, NY, to digitize, preserve and archive 
  collections of the Center for Puerto Rican Studies and for public 
  access and dissemination activities...........................250,000
Huntsville Museum of Art, Huntsville, AL, for exhibits, technology, 
  outreach and education programs...............................300,000
International Museum of Women, San Francisco, CA, for education and 
  teacher professional development programs.....................300,000
Iona College, NY, for technology upgrade for the Ryan Library....75,000
Italian-American Cultural Center of Iowa in Des Moines, IA for 
  exhibits, multi-media collections, display....................150,000
Jackson County Library System, Ripley, WV........................72,000
James Ford Bell Museum of Natural History, University of Minnesota, 
  Minneapolis, MN, for exhibits and education programs..........415,000
Johnstown Area Heritage Association, Johnstown, PA, for exhibits and 
  education programs for the Heritage Discovery Center..........350,000
Josephine School Community Museum, Berryville, VA................25,000
Kansas State University, Manhattan, KS for the 20th Century Soldier 
  Project.......................................................400,000
Kidspace Children's Museum, Pasadena, CA, to develop its Shake Zone 
  Education Exhibit.............................................250,000
Lafayette College, Easton, PA, for technology updates to the David 
  Bishop Skillman Library.......................................100,000
Livingston Parish Hungarian Museum, Denham Springs, LA...........50,000

[[Page H10698]]

Maltz Museum of Jewish Heritage, Beachwood, OH, for a Cradle of 
  Christianity: Biblical Treasures from the Holy Land traveling 
  exhibition....................................................500,000
MAPS Air Museum, North Canton, OH, to develop educational displays, 
  upkeep of current displays, library expansion, historical research 
  and operation expenses........................................250,000
Mauch Chunk Historical Society of Carbon County, Jim Thorpe, PA.100,000
Memphis Zoo, Memphis, TN to develop exhibits and support student 
  programs......................................................500,000
Miami Museum of Science & Space Transit Planetarium, Miami, FL, for 
  exhibits, outreach, and education programs....................400,000
Mid-Hudson Children's Museum, Poughkeepsie, NY, for a Comprehensive 
  Technology Enrichment Program to enhance exhibits.............200,000
Milford Area Historical Society, Milford, Ohio, for the Promont House 
  Museum.........................................................40,000
Milton J. Rubenstein Museum of Science and Technology, Syracuse,450,000
Missouri Historical Society, St. Louis, MO, for the establishment and 
  maintenance of an archive for materials relating to the Congressional 
  career of the Honorable Richard A. Gephardt.................1,540,000
Mount Vernon Public Library, Mount Vernon, NY for operations and 
  upgrades......................................................260,000
Mt. San Antonio College, Walnut, CA for equipment...............100,000
Museum of Appalachia, Norris, TN to preserve and restore the collection 
  of Appalachian pioneer artifacts..............................500,000
Museum of Aviation Foundation, Warner Robins, GA................250,000
Museum of Fine Arts, Boston, MA, for the development of exhibitions and 
  programs......................................................200,000
Museum of Flight in Seattle, WA for the American Fighter Aces Archive 
  and Collection................................................600,000
Museum of Science and Industry, Chicago, IL, for the Science in Your 
  World Program.................................................250,000
Museum of Science, Boston, Massachusetts for community outreach, 
  exhibit design and development, and educational programs......500,000
National Center for American Revolution, Wayne, PA, for exhibit design 
  and curriculum development for the Museum of the American Revolution 
  at Valley Forge National Historic Park.........................75,000
National City Public Library, National City, CA, for collections and 
  technology....................................................100,000
National D-Day Museum in New Orleans, Louisiana to improve the 
  education, outreach, and exhibition of the museum.............950,000
National Museum of American Jewish History, Philadelphia, PA to develop 
  a fully interactive learning center linked to their web site that 
  will extend the reach of the Museum...........................100,000
National Museum of Women in the Arts, Washington, DC..........1,000,000
National Trust for Historic Preservation, Washington, D.C., for the 
  Farnsworth House Museum in Plano, IL..........................750,000
Native American Cultural Center and Museum, Oklahoma City, OK.2,100,000
New York Botanical Garden, Bronx, NY, for the Virtual Herbarium 500,000
New York Hall of Science to develop, expand, and display science-
  related materials...........................................1,000,000
North Carolina Museum of Art Foundation, Inc., Raleigh, NC, for 
  exhibits and education programs................................90,000
Omaha Performing Arts Center in Nebraska for telecommunication1,000,000
Pennsylvania Hunting & Fishing Museum, Warren, PA to develop curriculum 
  for conservation education....................................100,000
Pittsburgh Children's Museum, Pittsburgh, PA, to expand arts and after-
  school programs for at-risk children..........................200,000
Please Touch Museum, Philadelphia, PA, to develop educational programs 
  focusing on hands-on learning experiences.....................950,000
Portland State University, Portland, OR, to enhance library collections 
  and outreach in the area of Middle Eastern and Judaic Studies.320,000
Putnam County Library, Cookeville, TN to improve exhibits and purchase 
  technology upgrades............................................50,000
Reading Company Technical and Historical Society, Inc., Reading, PA to 
  expand interpretive activities................................100,000
Rochester Museum & Science Center, Rochester, NY, for expansion of 
  exhibitions...................................................550,000
Rock and Roll Hall of Fame and Museum, Cleveland, OH, for music 
  education programs............................................350,000
Saint Louis County Economic Council, Saint Louis, MO, for Jefferson 
  Barracks......................................................200,000
Sam Davis Memorial Association, Smyrna, TN, for interpretive exhibits 
  and education programs for the Sam Davis Home.................100,000
San Bernardino County, San Bernardino, CA for the San Bernardino County 
  Museum........................................................350,000
Save the Speaker's House, Inc., Trappe, PA......................300,000
Sci-Quest, The North Alabama Science Center, Huntsville, AL, for 
  science and mathematics education programs....................315,000
Serra Cooperative Library System, San Diego, CA.................175,000
Simon Wiesenthal Center's Los Angeles Museum for Tolerance, Los 
  Angeles, CA, for the Tools for Tolerance for Educators program to 
  provide teacher training in diversity, tolerance and cooperati100,000
Smithtown Library, Smithtown, NY, for equipment and technology for its 
  Virtual Worldwide Neighborhood Website Project.................50,000
Soldiers and Sailors National Military Museum and Memorial, Pittsburgh, 
  PA, for education and outreach programs........................75,000
Southwest Missouri State University, Springfield, MO, for digitization 
  of Archives and Rare-book Collections at the Meyer Library....125,000
Stark County Park District, Canton, OH for exhibits.............250,000
State Historical Society of Iowa in Des Moines, Iowa for the 
  development of exhibits for the World Food Prize............1,000,000
Taft Museum of Art, Cincinnati, OH..............................250,000
Tubman African American Museum, Macon, GA.......................600,000
University of Alaska Fairbanks for the continuation of the Alaska 
  Digital Archives project......................................250,000
University of Vermont of Burlington, VT for a digitization project for 
  the preservation of Vermont cultural heritage materials.......250,000
Vietnam Archives Center at Texas Tech University, Lubbock, TX, for 
  technology infrastructure.....................................500,000
Virginia Living Museum, Newport News, VA for science education..200,000
Waterloo Center for the Arts, Waterloo, IA for the Youth Pavilion to 
  provide educational programs and exhibit design and developmen135,000
Western Reserve Historical Society, Cleveland, OH...............400,000
William McKinley Presidential Library and Museum, Canton, OH.....25,000
Williamsburg County Library, Kingstree, SC, for books, library 
  materials and computers........................................50,000

[[Page H10699]]

Winchester Conservation Museum, Edgefield, SC...................250,000
Wisconsin Historical Society, Madison, WI, to catalog and microfilm 
  military base papers...........................................50,000
Witte Museum, San Antonio, TX, for the Water Works project......100,000
Woodmere Art Museum, Philadelphia, PA, for technology upgrades and 
  education and outreach programs................................75,000
Woodrow Wilson Presidential Library, Staunton, VA...............500,000
World War II Victory Memorial Museum, Auburn, IN................100,000
Zimmer Children's Museum, Los Angeles, CA, to develop and expand the 
  youTHink education program.....................................75,000

                  Medicare Payment Advisory Commission

       The conference agreement provides $9,979,000 for the 
     Medicare Payment Advisory Commission instead of $9,905,000 as 
     proposed by the House and the Senate.

        National Commission on Libraries and Information Science

       The conference agreement provides $1,001,000 for the 
     National Commission on Libraries and Information Science 
     instead of $1,000,000 as proposed by the House and $994,000 
     as proposed by the Senate.

                     National Council on Disability

       The conference agreement provides $3,371,000 for the 
     National Council on Disability instead of $2,873,000 as 
     proposed by the House and $3,371,000 as proposed by the 
     Senate.

                     National Labor Relations Board

       The conference agreement provides $251,875,000 for the 
     National Labor Relations Board instead of $248,875,000 as 
     proposed by the House and $250,000,000 as proposed by the 
     Senate.
       The conferees have included additional funds over the 
     budget request to reduce the backlog.
       The conferees concur with language in the Senate report 
     regarding the NLRB's plan to restructure its regional offices 
     and specifically oppose the elimination of Region 30 and the 
     subsequent downgrading of the Region 30 Office to sub-
     regional status.

                        National Mediation Board

       The conference agreement provides $11,722,000 for the 
     National Mediation Board instead of $11,635,000 as proposed 
     by the House and the Senate.
       The conferees are concerned regarding the National 
     Mediation Board's (NMB) proposal to implement new fees for 
     arbitration services in a Notice of Proposed Rulemaking 
     published in the Federal Register on August 9, 2004. Prior to 
     implementing these new fees, the conferees strongly urge the 
     NMB to hold additional public hearings to examine any 
     potential negative impact of the proposed fees. The conferees 
     request that the National Mediation Board be prepared to 
     discuss this matter during consideration of its fiscal year 
     2006 budget.

            Occupational Safety and Health Review Commission

       The conference agreement provides $10,595,000 for the 
     Occupational Safety and Health Review Commission instead of 
     $10,516,000 as proposed by the House and the Senate.

                       Railroad Retirement Board


                      Limitation on Administration

       The conference agreement provides $103,370,000 for the 
     Railroad Retirement Board Limitation on Administration 
     Expenses instead of $102,202,000 as proposed by the House and 
     $102,600,000 as proposed by Senate.

                       Railroad Retirement Board


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes a limitation on transfers 
     from the railroad trust funds of $7,254,000 for 
     administrative expenses of the Office of Inspector General 
     instead of $6,561,000 as proposed by the House and $7,200,000 
     as proposed by the Senate.
       The conference agreement does not include language proposed 
     by the Senate that allows the Office of the Inspector General 
     to conduct audits, investigations, and reviews of the 
     Medicare programs.

                     Social Security Administration


                  SUPPLEMENTAL SECURITY INCOME PROGRAM

       The conference agreement includes $28,710,829,000 for the 
     Supplemental Security Income Program instead of 
     $28,702,829,000 as proposed by the House and $25,451,949,000 
     as proposed by the Senate. The conference agreement also 
     includes an advance appropriation of $10,930,000,000, as 
     proposed by the House, for the first quarter of fiscal year 
     2006, to ensure uninterrupted benefit payments. The Senate 
     proposed an advance appropriation of $14,130,000,000. Also 
     within the total, $2,986,900,000 is included for the 
     administrative costs of the program as proposed by the House. 
     The Senate included $2,928,020,000 for administrative costs.
       Within the funds provided, the conference agreement 
     includes $8,000,000, as proposed by the Senate, for outreach 
     efforts and assistance to homeless persons and other 
     underserved populations. The House bill did not contain this 
     funding.
       The conference agreement does not include a provision 
     proposed by the Senate that changes the date of an SSI 
     benefit payment from fiscal year 2005 to 2006. The House did 
     not include this provision.


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The conference agreement includes $8,798,296,000 for the 
     limitation on administrative expenses rather than 
     $8,798,100,000 as proposed by the House and $8,622,818,000 as 
     proposed by the Senate. Included in the conference agreement 
     is bill language to allow SSA to collect fees as authorized 
     by the Social Security Protection Act for certification of 
     non-attorney representatives of claimants.


                      OFFICE OF INSPECTOR GENERAL

                     (including transfer of funds)

       The conference agreement includes $91,107,000 for the 
     office of inspector general as proposed by the House rather 
     than $92,000,000 as proposed by the Senate.

                    United States Institute of Peace

       The conference agreement does not include funding for the 
     United States Institute of Peace in this title. The Senate 
     bill proposed $22,099,000 for this program while the House 
     included funding for this program in the Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     bill. Funding for this program is provided in Division B.

                      TITLE V--GENERAL PROVISIONS


                            Made in America

       The conference agreement deletes without prejudice a 
     general provision as proposed by the Senate pertaining to the 
     purchase of American-made products and equipment with funds 
     made available in this Act. The House bill did not propose a 
     similar provision.


                            Weldon Amendment

       The conference agreement includes language as proposed by 
     the House in section 509 of H.R. 5006. The Senate bill 
     contained no similar provision.


                        Limitation on Libraries

       The conference agreement includes a limitation on the 
     ability of a library to access library funding provided under 
     this Act unless the library is in compliance with the 
     Children's Internet Protections Act, as proposed by the 
     House. The Senate bill contained no similar provision.


                         Limitation on Schools

       The conference agreement includes a limitation on the 
     ability of an elementary or secondary school to access 
     technology funding provided under this Act unless the school 
     is in compliance with the Children's Internet Protections 
     Act, as proposed by the House. The Senate bill contained no 
     similar provision.


                             RRB Limitation

       The conference agreement concurs with House language 
     limiting the availability of funds to the Railroad Retirement 
     Board to enter into an arrangement with a nongovernmental 
     financial institution to serve as disbursing agent for 
     benefits payable under the Railroad Retirement Act of 1974. 
     The Senate bill proposed similar language.


                    limitations on the use of funds

       The conference agreement modifies a general provision as 
     proposed by the House pertaining to the reprogramming of 
     funds. As per the requirement of this section, the conferees 
     reiterate the instruction that the Departments and agencies 
     funded through this Division make a written request to the 
     House and Senate Committees on Appropriations at least 15 
     days prior to the reprogramming of funds in excess of 
     $500,000, or 10%, whichever is less.


                            pbgc limitation

       The conference agreement deletes without prejudice a 
     general provision proposed by the House that none of the 
     funds appropriated by this Act may be used by the Pension 
     Benefit Guaranty Corporation to enforce section 4010(c) of 
     the Employee Retirement Income Security Act. The Senate bill 
     did not propose similar language.


                          foreign conferences

       The conference agreement does not include a general 
     provision as proposed by the House pertaining to the 
     attendance of HHS employees at foreign conferences. The 
     Senate bill did not contain a similar provision. The 
     conferees are pleased that in the current constrained fiscal 
     environment, the Secretary of HHS has taken steps to monitor 
     and limit travel by HHS agency employees to international 
     conferences. The Secretary should, however, ensure that all 
     necessary U.S. scientists are permitted to attend important 
     international scientific meetings to present their research 
     findings and to learn about research being conducted in other 
     countries.


                              nimh grants

       The conference agreement does not include a general 
     provision as proposed by the House regarding NIMH grants. The 
     Senate bill did not contain a similar provision. The 
     conferees reiterate their support of the two-tiered peer 
     review process used by NIH to judge research grant 
     applications and continue to expect NIH to ensure that its 
     funds are allocated to research that is both scientifically 
     meritorious and has high potential public health impact.


                          overtime regulations

       The conference agreement deletes without prejudice language 
     proposed by the House

[[Page H10700]]

     and Senate stating that none of the funds provided may be 
     used to implement or administer any changes to regulations 
     regarding overtime compensation in effect on July 14, 2004.


           higher education special allowance for 9.5% loans

       The conference agreement does not include a provision that 
     prohibits the use of funds for the Secretary to administer or 
     pay any special allowance under sections of the Higher 
     Education Act of 1965 pursuant to provisions of the 
     regulations of the Department of Education. The Senate bill 
     contains no similar provision.


                         immigration limitation

       The conference agreement does not include a provision that 
     prohibits the use of funds by the Department of Education in 
     contravention of sections of the Illegal Immigration Reform 
     and Responsibility Act of 1996. The Senate bill contains no 
     similar provision.


              native hawaiian governing entity recognition

       The conference agreement does not include a provision, 
     proposed by the Senate, recognizing the Native Hawaiian 
     governing entity as the representative governing body of the 
     Native Hawaiian people. The House did not propose a similar 
     provision.


                   northern lights boulevard property

       The conference agreement includes a provision conveying the 
     property at 1818 W. Northern Lights Boulevard in Anchorage, 
     Alaska from the U.S. Government to the Southcentral 
     Foundation for a replacement Head Start facility. The House 
     bill contains no similar provision.


            across-the-board salaries and expenses reduction

       The conference agreement includes a new provision to reduce 
     salaries and expenses of the Departments of Labor, Health and 
     Human Services, and Education by $18,000,000.


                          conference agreement

       The following table displays the amounts agreed to for each 
     program, project or activity with appropriate comparisons:

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[[Page H10770]]

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2004 amount, the 2005 
     budget estimates, and the House and Senate bills for 2005 
     follow:

                       [in thousands of dollars]

New budget (obligational) authority, fiscal year 2004......$479,817,978
Budget estimates of new (obligational) authority, fiscal yea496,434,577
House bill, fiscal year 2005................................496,665,511
Senate bill, fiscal year 2005...............................499,489,511
Conference agreement, fiscal year 2005......................497,552,511
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2004.....+17,734,533
  Budget estimates of new (obligational) authority, fiscal ye+1,117,934
  House bill, fiscal year 2005.................................+887,000
  Senate bill, fiscal year 2005..............................-1,937,000

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

                    Legislative Branch Wide Matters

       The conferees recognize the provisions of H.R. 4755 and the 
     accompanying House Report 108-577, and S. 2666 and the 
     accompanying Senate Report 108-307, and any instructions and 
     detail included in such reports are to be adhered to, unless 
     amended or restated herein.
       Many items in both House and Senate Legislative Branch 
     Appropriations bills are identical and are included in the 
     conference agreement without change. The conferees have 
     endorsed statements of policy contained in the House and 
     Senate reports accompanying the appropriations bills, unless 
     amended or restated herein. With respect to those items in 
     the conference agreement that differ between House and Senate 
     bills, the conferees have agreed to the following with the 
     appropriate section numbers, punctuation, and other technical 
     corrections.
       The conferees are very concerned with the responsiveness 
     and working relationships between the Committees and the 
     Chief Financial Officers of the agencies of the Legislative 
     Branch. In order for the Committees to review, analyze, 
     evaluate, and provide the budgetary resources to the agencies 
     of the Legislative Branch it is imperative that solid working 
     relationships exist between the Committees and each CFO, and 
     that they provide the highest level of timeliness, accuracy, 
     and confidentiality. The conferees believe that in order for 
     the budgetary cycle to accomplish the appropriate outcome the 
     collaborative arrangements are essential, however, emphasize 
     to the heads of the agencies, that the Committees will 
     proceed with the budgetary process with or without these 
     cooperative and confidential relationships.
       It has also come to the attention of the conferees that 
     agencies of the Legislative Branch are using varying 
     assumptions and operating processes at times when the 
     Government is operating under a continuing resolution. The 
     conferees direct the members of Legislative Branch Financial 
     Managers Council to work together to assure that all agencies 
     are operating within the rules, regulations, and accounting 
     procedures required by a continuing resolution and report its 
     findings to the Committee on Appropriations of the House and 
     Senate by January 31, 2005.
       The conferees emphasize to the Legislative Branch agencies 
     that the large budgetary increases requested in the fiscal 
     year 2005 budget submissions cannot be sustained. The 
     conferees encourage the agencies to submit more reasonable 
     budget requests for fiscal year 2006, and thereafter.

                                TITLE I

                                 Senate

       Appropriates $726,067,000 for Senate operations. Inasmuch 
     as these items relate solely to the Senate, and in accord 
     with long practice under which each body determines its own 
     housekeeping requirements and the other concurs without 
     intervention, the managers on the part of the House, at the 
     request of the managers on the part of the Senate, have 
     receded to the amendments of the Senate.

                        House of Representatives

       Appropriates $1,048,581,000 for House operations. Inasmuch 
     as these items relate solely to the House, and in accord with 
     long practice under which each body determines its own 
     housekeeping requirements and the other concurs without 
     intervention, the managers on the part of the Senate, at the 
     request of the managers on the part of the House, have 
     receded to the amendments of the House.

                              Joint Items


                        joint economic committee

       Appropriates $4,139,000 as proposed by the House and the 
     Senate.


                      joint committee on taxation

       Appropriates $8,433,000 as proposed by the House instead of 
     $8,476,000 as proposed by the Senate.


                   office of the attending physician

       Appropriates $2,528,000 as proposed by the House and the 
     Senate.


           capitol guide service and special services office

       Appropriates $3,844,000 for the Capitol Guide Service and 
     Special Services Office as proposed by the House and the 
     Senate.


                      statements of appropriations

       Appropriates $30,000 as proposed by the House and the 
     Senate.

                             Capitol Police

       The conferees are very concerned that the Chief of the 
     Capitol Police has made operational decisions, which 
     necessitated levels of spending in excess of funds 
     appropriated, without consultation with the Committees. The 
     conferees direct that the Chief abide by the Antideficiency 
     Act and that the Department will operate within its 
     appropriations for the fiscal year. The Chief of Police 
     should not expect supplemental funding if he exceeds the 
     appropriation. In the future, all permanent security 
     improvements are to be funded within existing appropriations 
     not the Emergency Response Fund. If a long-term security need 
     exists, the conferees expect the Chief to propose funding 
     solutions, and await approval from the Capitol Police 
     Board and the appropriate committees of Congress for a 
     permanent solution.
       The conferees direct that the Chief of Police make every 
     effort to keep the Committees informed of all issues 
     impacting appropriations in a more timely manner. The Chief 
     of Police is directed to report quarterly, by approved line 
     item, on obligations to date compared to the original 
     budgeted items, beginning with the first quarter of fiscal 
     year 2005, ending December 31, 2004.


                                salaries

       Appropriates $203,440,000 for salaries of officers, 
     members, and employees of the Capitol Police as proposed by 
     the House instead of $198,000,000 as proposed by the Senate.
       The fiscal year 2002 conference report (H.Rpt. 107-259) 
     accompanying the Legislative Branch Appropriations bill 
     outlined reprogramming guidelines for the Legislative Branch. 
     The conferees are very concerned that the Capitol Police have 
     not followed the prescribed guidelines outlined in the fiscal 
     year 2002 conference report. The conferees direct the 
     Government Accountability Office to audit the budgetary 
     execution of the Capitol Police, beginning with fiscal year 
     2002, to determine if the established reprogramming 
     guidelines are being followed. The GAO is to report its 
     findings to the Committees on Appropriations of the House and 
     Senate within 90 days of enactment of this Act. The conferees 
     further direct that the GAO continue to monitor the Capitol 
     Police budget, in terms of reprogramming actions, and report 
     all reprogramming actions in its regular semi-annual reports 
     regarding the Capitol Police administrative operations.
       The conferees are concerned with the broad interpretation 
     by the Capitol Police regarding the obligation and 
     expenditure of funds under the auspice of a declared 
     emergency situation. The conferees direct the Government 
     Accountability Office to review the policies, procedures, 
     notification criteria, and approval processes of the Capitol 
     Police to obtain the appropriate approvals by the Capitol 
     Police Board and the Committees on Appropriations when 
     funding is required during an emergency situation. The GAO is 
     directed to report its findings to the Committee on 
     Appropriations of the House and Senate no later than January 
     31, 2005.
       The USCP has recently presented to the Committees on 
     Appropriations another new plan for reorganizing the 
     Department. The conferees acknowledge that changes to the 
     USCP organization will be necessary to effectively address 
     strategic objectives, performance measures, recommendations 
     made by the Government Accountability Office, and changing 
     conditions reflected in regular updates of the threat 
     assessment. However, organizational changes proposed by the 
     USCP, to date, fail to link specifically desired outcomes to 
     a clearly defined set of strategic objectives emanating from 
     an approved strategic plan. Reorganization proposals do not 
     adequately reflect recommendations made by the Government 
     Accountability Office to establish a clear link between 
     organization structure, strategic objectives, and staffing 
     requirements. Therefore, the conferees do not approve any 
     changes in organizational structure at this time. The 
     department has experienced a considerable amount of growth 
     over the past few years in both mission and resources. The 
     conferees believe that it is important for the USCP to 
     develop a reorganization plan that is clear, transparent, and 
     supports the efficient and effective use of current and 
     requested resources. The plan should clearly demonstrate how 
     the proposed organizational realignment is tied to the 
     strategic objectives in an approved strategic plan which is 
     founded on the following criteria: results of an up-to-date 
     threat assessment; well-defined policies; and new or reformed 
     practices designed to transform and modernize the force in 
     response to post-9/11 security requirements. The conferees 
     believe that an independent review of a proposed USCP 
     reorganization plan, including the application of best 
     practices, where applicable, would be helpful in this regard 
     and directs the Government Accountability Office to undertake 
     such a review. The GAO will report its findings and make 
     recommendations that will assist the Chief and the Capitol 
     Police Board in the development of a reorganization plan. The 
     GAO should report the results of its review to the Committees 
     and the Capitol Police Board by February 28, 2005.
       The conferees direct that 10 additional civilian 
     administrative FTEs be allocated

[[Page H10771]]

     within existing ``Salaries'' resources as follows: three 
     accountants for FMS start-up and operations, a budget analyst 
     for budget execution, a manpower analyst, a facilities 
     administrator, a vehicle maintenance administrator, an assets 
     manager, and two human resources specialists. In addition, 
     the conferees direct that from within existing ``General 
     Expenses'' resources, the Capitol Police contract for the 
     staffing resources to cover the requirements for wireless 
     technicians, currently estimated at four FTEs, and for radio 
     installation repair technicians and security control 
     operators, currently estimated at 11 FTEs. The conferees 
     believe that these positions will permit the USCP to properly 
     address growing issues with financial management, human 
     resources management, workforce planning and budget, as well 
     as technical requirements. The conferees expect that a 
     portion of these resources will be used by the USCP to assist 
     in the analysis and evaluation of mission requirements as 
     related to organization structure and overall staffing needs. 
     The conferees also expect that prior to any future requests 
     for additional FTEs, the Capitol Police Board will present to 
     the Committees a workforce plan that clearly communicates the 
     relationship between a revised organizational structure and 
     an approved strategic plan that is based on the following 
     criteria: an up-to-date threat assessment; security policies 
     and procedures approved by the Capitol Police Board; best 
     practices that are consistent with similar institutions; and 
     human resources policies and practices designed to maximize 
     the effective and efficient use of FTEs.
       The conferees further direct that the Capitol Police review 
     all existing operations and general expenses to determine if 
     any outsourcing opportunities exist and report those findings 
     to the Committee on Appropriations of the House and Senate by 
     March 1, 2005.
       The conferees are concerned over the inflated estimates for 
     the ``Salaries'' appropriations submitted by the Chief of 
     Police. This situation has resulted in excess unobligated 
     balances of $19.6 million, or 11.2% in fiscal year 2003 
     and $11.2 million, or 5.7% in fiscal year 2004. This 
     practice is inexcusable, especially in consideration of 
     the budget restraints under which the Congress is 
     operating.


                            general expenses

       Appropriates $28,888,000 for general expenses of the 
     Capitol Police, instead of $28,925,000, as proposed by the 
     Senate.
       As directed in the fiscal year 2005 House Report (108-577), 
     the Chief of Police is to report on the economics of 
     continuing the use of the Capitol Police command vehicle due 
     to the requested maintenance cost of $200,000 for 2005. The 
     conferees are concerned that, since November 2003, the USCP 
     have been aware of major mechanical structural problems with 
     the vehicle and did not inform the Committees. The study, 
     which was to be submitted to the Committees on September 1, 
     2004, was not received until November 5, 2004. It was then 
     reported that the command vehicle is ``mechanically and 
     structurally unsound for service,'' and had been removed from 
     service on November 1, 2004. The conferees note that $1.6 
     million was invested in the command vehicle and direct that 
     no further funding be obligated or expended for this vehicle 
     until all options are explored on its continued use and 
     reported to the Committee on Appropriations of the House and 
     Senate by February 1, 2005.
       The conferees direct the Government Accountability Office 
     to conduct a study of the equestrian unit of the USCP. The 
     study is to examine the effectiveness, efficiency, cost 
     benefits, risk analysis, and overall operations of the unit. 
     The study is to be provided to the Committee on 
     Appropriations of the House and Senate by March 15, 2005.
       The conferees direct that the Chief of Police provide the 
     Committee on Appropriations of the House and Senate a 
     quarterly report of all travel of the command staff of the 
     Capitol Police. This report should provide the names of the 
     travelers, the dates and purpose of the travel, and all costs 
     including any training or registration fees associated with 
     the travel. These reports should begin with the first quarter 
     ending December 31, 2004.
       The conferees urge the Capitol Police to deploy wherever 
     appropriate first applied sorbent treatment for use by the 
     Hazardous Materials Response Team in chemical decontamination 
     efforts.


                       administrative provisions

                     (including transfer of funds)

       The conferees have included an administrative provision 
     allowing for the transfer of funds upon the approval of the 
     Committee on Appropriations of the House and Senate.
       In addition, the conferees have included an administrative 
     provision relating to hiring authority of the Capitol Police. 
     The conferees also included authorization for the Capitol 
     Police to carry a specifically authorized weapon during 
     periods when the officer or member is not on duty that is 
     different from the weapon furnished by the Department. The 
     conferees have provided authority for setting pay with the 
     Capitol Police Board or the Chief of the Capitol Police. The 
     conferees have provided authority for the acceptance of 
     donations of animals for the canine unit. The conferees have 
     also provided authority to the Chief of the Capitol Police to 
     settle Federal tort claims, in accordance with Title 31 of 
     the United States Code, with reporting requirements to the 
     Committee on House Administration and the Senate Committee on 
     Rules and Administration. The conferees have included a 
     provision related to the protection of information that is 
     sensitive to the policing, protection, physical security, 
     counter terrorism, emergency response, and preparedness of 
     the Congress and the Capitol buildings and grounds. Language 
     has also been included regarding the General Counsel that is 
     not intended to effect changes to the current organizational 
     structure. The conferees have also included a provision 
     relating to deployment of the Capitol Police outside of their 
     jurisdiction.

                          Office of Compliance


                         salaries and expenses

       Appropriates $2,421,000 as proposed by the House and the 
     Senate. The conferees have agreed to strike the student loan 
     repayment provision. The conferees remind the Office of 
     Compliance that funding provided for cost-of-living increases 
     is not to be used for any other purpose without the prior 
     approval of the House and Senate Committees on 
     Appropriations.

                      Congressional Budget Office


                         salaries and expenses

       Appropriates $34,919,000 instead of $34,790,000 as proposed 
     by the House and Senate. The additional amount of $129,000 is 
     provided to cover the increased agency cost for the Federal 
     Employee Retirement System (FERS).

                        Architect of the Capitol


                         general administration

       Appropriates $80,347,000, to the Architect of the Capitol 
     for general administration, instead of $79,581,000 as 
     proposed by the House and $74,063,000 as proposed by the 
     Senate. Of the amount appropriated, $2,220,000 shall remain 
     available until September 30, 2009, instead of $1,500,000 as 
     proposed by the House and $720,000 as proposed by the 
     Senate.
       The conferees are concerned that little has been 
     accomplished through the new Chief Operating Officer (COO) 
     function, which the Congress created in fiscal year 2003. 
     This function was intended to improve management, streamline 
     day-to-day Architect of the Capitol (AOC) operations, and 
     effectuate team building.
       Specifically, Public Law 108-7 required that the COO 
     prepare an action plan describing ``the policies, procedures, 
     and actions'' to be implemented ``and timeframes for carrying 
     out the responsibilities under this section''. The conferees 
     note that the action plan submitted to Congress by the COO 
     did not adequately describe how the COO would carry out the 
     assigned responsibilities detailed in the legislation. 
     Because the submitted action plan is outlined at such a 
     general level, it fails to convey how the listed items link 
     together to move the agency forward and address the Agency's 
     longstanding and well known weaknesses, the reason the COO 
     position was created. In addition, the plan lacks details of 
     the steps necessary for completing the listed items, nor does 
     it explain how individual items will be measured in order to 
     monitor AOC's performance. Further, the plan does not specify 
     how the items listed in the action plan relate to and link 
     with the AOC's strategic plan, released on December 15, 2003, 
     even though the legislation required that the action plan be 
     ``developed concurrently and consistent with the development 
     of a strategic plan.''
       In addition, the action plan was to be submitted not later 
     than 90 days after the appointment of the Chief Operating 
     Officer on July 28, 2003, but the plan was not received until 
     December 22, 2003, almost 2 months late and with no evidence 
     of having benefited from additional work over that period. 
     The conferees note that the action plan was delivered without 
     briefing or discussion, which could have provided the 
     relevant Committees with better understanding regarding the 
     details of the implementation of the plan.
       Based on ongoing monitoring efforts conducted by the 
     Government Accountability Office (GAO), it appears that there 
     have been no substantive improvements made to overall AOC 
     operations by the new COO. In fact, the conferees are 
     concerned that efforts by the COO to direct changes without 
     the context of strategic objectives and a transparent, well-
     organized change management process are having a negative 
     impact on morale, productivity, and effectiveness of the AOC 
     as an institution. It is apparent that the COO has not 
     seriously addressed the intended results of this law and that 
     he has either misunderstood or intentionally ignored the 
     purpose for which the position was created. Therefore, the 
     conferees have eliminated funding of $171,000 for the salary 
     and benefit costs of the incumbent of the Chief Operating 
     Officer position. The conferees further direct that Architect 
     of the Capitol enters into a contract with an executive 
     employment search organization to perform a nation-wide 
     recruitment for a new Chief Operating Officer. The conferees 
     further direct that a panel comprised of the Comptroller 
     General of the United States, the Public Printer of the 
     United States, the Chief Administrative Officer of the House 
     of Representatives, a designee from the Senate Sergeant at 
     Arms, and a designee from the office of the Architect of the 
     Capitol review the applications, interview the top 
     applicants, and forward a recommendation, including not less 
     than three applicants, to the Architect of the Capitol for 
     his review and final selection within 180 days of enactment 
     of this Act.

[[Page H10772]]

       The conferees have agreed to defer the transfer of FTEs and 
     associated costs as proposed by the Senate until an 
     organizational structure is approved for the Office of the 
     Architect of the Capitol.
       The conferees are concerned that the AOC has ignored 
     previous directives to improve the quality of the FTE data 
     analysis submitted in the annual budget, particularly related 
     to ongoing and new projects, and therefore, direct that these 
     very important FTE projection and tracking issues be 
     readdressed by the Architect. The conferees found the 
     previous recommendations by the AOC to remedy the FTE 
     analysis difficulties to be questionable, including the AOC 
     proposals to completely remove the FTE caps, or to increase 
     the caps to significantly higher levels without 
     justification. It is understood that the FTE situation in the 
     AOC is complex due to the multi-faceted responsibilities of 
     the Architect, including ongoing operations, annual and 
     multi-year projects; a variety of funding sources; and the 
     various types of positions that are required to accomplish 
     these responsibilities. However, it is due to these varying 
     and complex factors that more systemic processes and greater 
     controls are required for FTE estimates, projections and 
     tracking. The AOC needs to provide comprehensive, meaningful, 
     realistic, and transparent FTE data.
       The conferees have agreed to defer the establishment of a 
     separate FTE cap for the Construction Management Division 
     (CMD), as proposed by the House. The AOC has been provided 
     relief from the FTE caps for project work for the past two 
     years. The conferees agree that a less cumbersome, yet 
     accurate, approach for managing FTE data is required. 
     Therefore, the conferees direct the Architect of the Capitol 
     and the Government Accountability Office to work together to 
     prepare a report with recommendations that will address and 
     improve the AOC's ability to estimate, track, and report on 
     all FTEs. The report is to include recommendations for 
     improvements that address FTE data by appropriation and 
     organizational levels, including permanent and temporary FTEs 
     required for each of the following categories: all 
     jurisdiction operations, including those in general 
     administration; ongoing and new projects performed by the 
     superintendents; and ongoing and new projects performed by 
     the CMD. The recommendations will take into account that data 
     should be derived from a zero-base for all temporary 
     employees, including non-project and support temporary 
     positions as well as temporary project positions for both 
     superintendent jurisdictions and CMD projects.
       Further, the report will address future personnel 
     requirements by contracting out functions to free up FTEs for 
     functions that are inherently governmental. The conferees 
     further direct that the caps established in FY 2004 will 
     continue in FY 2005. The report with recommendations is to be 
     delivered to the Committees on Appropriations of the House 
     and Senate not later than 120 days after the enactment of 
     this Act.
       The conferees note that there have been complaints 
     regarding the responsiveness of the Architect of the Capitol 
     to the needs of clients. The conferees remind the Architect 
     that the organization must reflect a posture that is timely, 
     professional, and responsive.
       Included in the operating budget is an additional $277,000 
     to cover anticipated increased agency contributions to the 
     Federal Employees Retirement System for employees paid 
     through the General Administration appropriation.
       With respect to operations and projects the House and 
     Senate conferees have agreed to the following:

Operating Budget............................................$77,467,000
Project Budget:
  1. Emergency Defibrillators...................................660,000
  2. Study, Design, and Condition Assessment....................720,000
    Legislative Call System...................................(120,000)
    Telecommunications infrastructure.........................(350,000)
    ACF Emergency Vehicle Storage Facility....................(250,000)
  3. CATV System Upgrade Design...............................1,500,000
                                                       ________________
                                                       
      Total, General Administration..........................80,347,000


                            CAPITOL BUILDING

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $28,857,000, to the Architect of the Capitol 
     for maintenance, care, and operation of the Capitol building, 
     instead of $18,185,000 as proposed by the House and 
     $24,784,000 as proposed by the Senate. Of the amount 
     appropriated, $14,500,000 shall remain available until 
     expended, instead of $4,000,000 as proposed by the House and 
     $8,770,000 as proposed by the Senate to remain available 
     until September 30, 2009.
       Included in the operating budget is an additional $72,000 
     to cover anticipated increased agency contributions to the 
     Federal Employees Retirement System for employees paid 
     through the Capitol Building appropriation.
       The conferees have agreed to include authority for the 
     transfer of up to $10,600,000 to the Capitol Visitor Center 
     project. The conferees are distressed with the Architect's 
     ongoing inability to provide the Committees with accurate 
     cost estimates and delivery schedules on this very important 
     and high profile project. Since the commencement of the 
     project, the Committees have made every effort to work with 
     the Architect and staff through these issues, and yet, 
     continue to receive notifications of schedule delays, 
     unforeseen requirements, and escalating costs of the Capitol 
     Visitor Center.
       With respect to operations and projects the House and 
     Senate conferees have agreed to the following:

Operating Budget............................................$14,814,000
Project Budget:
  1. Replacement of Minton Tile.................................473,000
  2. Computer, Telecom, and Electrical Support..................300,000
  3. Restore Shutters & Upgrade Window Lighting.................400,000
  4. CVC Facility Maintenance.................................6,000,000
  5. Install Emergency Exit Signs & Lighting..................1,000,000
  6. CVC Start-up Operations..................................3,270,000
  7. Minor Construction.......................................2,500,000
                            8. Study, Design, and Condition Assessment:
    Subway Terminal Water Infiltration..........................100,000
                                                       ________________
                                                       
      Total, Capitol Building................................28,857,000


                            CAPITOL GROUNDS

       Appropriates $6,974,000, to the Architect of the Capitol 
     for the care and improvements of the grounds surrounding the 
     Capitol, House and Senate office buildings, and the Capitol 
     Power Plant, instead of $7,033,000, of which $527,000 shall 
     remain available until September 30, 2009, as proposed by the 
     House and $6,940,000, as proposed by the Senate.
       Included in the operating budget is an additional $34,000 
     to cover anticipated increased agency contributions to the 
     Federal Employees Retirement System for employees paid 
     through the Capitol Grounds appropriation.
       With respect to operations and projects the House and 
     Senate conferees have agreed to the following:

Operating Budget.............................................$6,509,000
Project Budget:
  1. Restore Decorative Vases & Lights, W. Terrace...............78,000
  2. Inaugural Support...........................................10,000
  3. Renovate Former D.C. Street Lights.........................177,000
  4. Study, Design, and Condition Assessment: Restoration of the 
    Summerhouse.................................................100,000
  5. Wayfinding and ADA Compliant Signage.......................100,000
                                                       ________________
                                                       
    Total, Capitol Grounds....................................6,974,000


                        Senate Office Buildings

       Appropriates $62,083,000, of which $9,070,000 shall remain 
     available until September 30, 2009, to the Architect of the 
     Capitol for the maintenance, care, and operation of the 
     Senate office buildings. Inasmuch as this item relates solely 
     to the Senate, and in accord with long practice under which 
     each body determines its own housekeeping requirements and 
     the other concurs without intervention, the managers on 
     the part of the House, at the request of the managers on 
     the part of the Senate, have receded to the Senate.
       Included in the operating budget is an additional $219,000 
     to cover anticipated increased agency contributions to the 
     Federal Employees Retirement System for employees paid 
     through the Senate Office Buildings appropriation.

Operating Budget............................................$52,112,000
Project Budget:
  1. Refinish Historic Woodwork.................................285,000
  2. Repair Marble Floors & Clean Architectural Surfaces........510,000
  3. Roof Maintenance...........................................300,000
  4. Seal Fire Wall Penetrations, HSOB, DSOB....................300,000
  5. Ramp Repair, HSOB Garage...................................200,000
  6. Replace Suite Counters, Sinks & Faucets, HSOB..............100,000
  7. General Painting...........................................150,000
  8. Workman Vehicle.............................................25,000
  9. Man-Lift (Masonry Shop).....................................19,000
  10. General Purpose Utility Vehicle............................12,000
  11. Replace Modular Furniture, HSOB.........................3,700,000
  12. Renovate Restrooms, ADA, HOB............................1,300,000
  13. Study, Design, and Condition Assessment.................2,350,000
    Study/Design, Existing Fire Alarm System Upgrade..........(750,000)
    Design, Replace Roof and Skylights, HOB...................(600,000)
    Design, Renovate North Server.............................(300,000)
    Study, Reclaim Parking under Senate Office Buildings and Space 
      Utilization.............................................(250,000)
    Study, Waterproofing/Code Compliant Upgrades, Old Senate T(100,000)
    Design, Fire Alarm System ADA Upgrade, DSOB................(75,000)

[[Page H10773]]

    Assessment, Penetrations of Fire Resistant Rated Walls, RSO(70,000)
    Design, Sprinkler Protection for Legislative Garage........(65,000)
    Design, Renovation of South Buffet.........................(50,000)
    Assessment and Design, Taft Memorial.......................(50,000)
    Design, Pre-action Sprinkler System, Russell Library.......(40,000)
  14. HVAC: Elevator Machine Room Modernization.................420,000
  15. Furniture, Special Allowance..............................300,000
                                                       ________________
                                                       
      Total, Senate Office Buildings.........................62,083,000


                         HOUSE OFFICE BUILDINGS

       Appropriates $65,353,000, of which $27,103,000 shall remain 
     available until September 30, 2009, to the Architect of the 
     Capitol for the maintenance, care, and operation of the House 
     office buildings. Inasmuch as this item relates solely to the 
     House, and in accord with long practice under which each body 
     determines its own housekeeping requirements and the other 
     concurs without intervention, the managers on the part of the 
     Senate, at the request of the managers on the part of the 
     House, have receded to the House.
       Included in the operating budget is an additional $223,000 
     to cover anticipated increased agency contributions to the 
     Federal Employees Retirement System for employees paid 
     through the House Office Buildings appropriation.
       The conferees direct the Architect of the Capitol to 
     administer fire code regulations in the House office 
     buildings under the same protocols used for administration of 
     fire codes in the Capitol building.

Operating Budget.......................................................
Project Budget:                                             $37,900,000
  1. Egress Door Improvements...................................200,000
  2. Replace Chilled Water Coils, FHOB..........................150,000
  3. Minor Construction.......................................5,000,000
  4. Study, Design, and Condition Assessment..................1,955,000
    Design, RHOB Egress.......................................(500,000)
    Design, FHOB Egress........................................(80,000)
    Study, Upgrade Room 1100, RHOB............................(400,000)
    Design, Repairs to Garage Floor, RHOB.....................(975,000)
  5. CAO Project Support......................................4,894,000
  6. Replace Windows, FHOB....................................4,900,000
  7. Exterior Waterproofing, Underground Garages..............2,954,000
  8. Extend Sprinkler Systems.................................3,300,000
  9. Fire Alarm System Upgrade, HOB (Less RHOB)...............1,100,000
  10. Staff Fitness Facility..................................3,000,000
                                                       ________________
                                                       
      Total, House Office Buildings..........................65,353,000


                          CAPITOL POWER PLANT

       In addition to $4,400,000 made available from receipts 
     credited as reimbursements to this appropriation, 
     appropriates $56,834,000, to the Architect of the Capitol for 
     maintenance, care, and operation of the Capitol Power Plant, 
     instead of $56,139,000 as proposed by the House and 
     $60,928,000 as proposed by the Senate. Of the amount 
     appropriated, $1,000,000 shall remain available until 
     September 30, 2009, instead of $630,000 as proposed by the 
     House and $2,190,000 as proposed by the Senate.
       Included in the operating budget is an additional $63,000 
     to cover anticipated increased agency contributions to the 
     Federal Employees Retirement System for employees paid 
     through the Capitol Power Plant appropriation.
       With respect to operations and projects the House and 
     Senate conferees have agreed to the following:

Operating Budget (net)......................................$53,015,000
Project Budget:
  1. Implement Shoring and Repairs to Tunnels...................100,000
  2. Replace Expansion Joints.................................1,342,000
  3. Retube Condensers, West Refrigeration Plant................866,000
  4. Study, Design, and Condition Assessment..................1,000,000
    Design, In-Plant Power Generation.........................(750,000)
    Design, Upgrade Environmental Control Equipment...........(250,000)
  5. Remove Tar Paper/Reinsulate Violet Tunnel..................261,000
  6. Repair/Maintenance Chiller Motors 6A & 5...................250,000
                                                       ________________
                                                       
      Total, Capitol Power Plant (net).......................56,834,000


                     LIBRARY BUILDINGS AND GROUNDS

       Appropriates $40,097,000, to the Architect of the Capitol 
     for structural and mechanical care of the Library buildings 
     and grounds instead of $34,783,000 as proposed by the House 
     and $65,145,000 as proposed by the Senate. Of the amount 
     appropriated, $21,506,000 shall remain available until 
     September 30, 2009 instead of $18,110,000 as proposed by the 
     House and $47,114,000 as proposed by the Senate.
       Included in the operating budget is an additional $78,000 
     to cover anticipated increased agency contributions to the 
     Federal Employees Retirement System for employees paid 
     through the Library Buildings and Grounds appropriation.
       With respect to operations and projects the House and 
     Senate conferees have agreed to the following:

Operating Budget............................................$17,516,000
Project Budget:
  1. Repair Life Safety Deficiencies............................400,000
  2. Replace Partitions Supports, JMMB..........................250,000
  3. Painting, TJB Arches and Ft. Meade Module 1................245,000
  4. Replace Sidewalks, JAB & TJB...............................100,000
  5. Preservation Environmental Monitoring.......................80,000
  6. Minor Construction.......................................1,300,000
  7. Collections Security.......................................860,000
  8. Sprinkler System Upgrades, TJB...........................6,754,000
  9. Smoke Detector Upgrades, TJB.............................3,850,000
  10. ADA Bathroom Renovations, JAB...........................3,700,000
  11. Sprinkler System Upgrades, JAB..........................2,400,000
  12. Study, Design, and Condition Assessment, Infrastructure 
    Maintenance.................................................842,000
    Design, Replace Rain Leaders...............................300,000)
    Design, Repair/Replace Copper Roof........................(215,000)
    Design, Roof Repairs, TJB.................................(200,000)
    Study, Coil Deterioration, TJB & JAB.......................(75,000)
    Design, Conservation of Murals.............................(52,000)
  13. Design, LOC Egress Improvements.........................1,800,000
                                                       ________________
                                                       
      Total, Library Buildings and Grounds...................40,097,000


                  CAPITOL POLICE BUILDINGS AND GROUNDS

       Appropriates $5,853,000, to the Architect of the Capitol 
     for the maintenance, care, and operation of buildings and 
     grounds of the Capitol Police instead of $4,883,000 as 
     proposed by the House and $7,090,000 as proposed by the 
     Senate. Of the amount appropriated, $500,000 shall remain 
     available until September 30, 2009, instead of no multi-year 
     funding as proposed by the House and $1,500,000 as proposed 
     by the Senate.
       Included in the operating budget is an additional $3,000 to 
     cover anticipated increased agency contributions to the 
     Federal Employees Retirement System for employees paid 
     through the Capitol Police Buildings and Grounds 
     appropriation.
       With respect to operations and projects the House and 
     Senate conferees have agreed to the following:

Operating Budget.............................................$4,853,000
Project Budget:
  1. USCP Furniture Replacement.................................500,000
  2. Study, Design, and Condition Assessment....................500,000
    Annual Update to USCP Facilities Master Plan..............(100,000)
    Study, Replacement of 67 K Street Facility................(200,000)
    Two Decontamination Support Stations......................(200,000)
                                                       ________________
                                                       
      Total, Capitol Police Buildings and Grounds............5,853,0000


                             botanic garden

       Appropriates $6,326,000, to the Architect of the Capitol 
     for the Botanic Garden, instead of $5,932,000 as proposed by 
     the House and $6,294,000 as proposed by the Senate. The 
     increase includes $62,000 for one new FTE.
       Included in the operating budget is an additional $32,000 
     to cover anticipated increased agency contributions to the 
     Federal Employees Retirement System for employees paid 
     through the Botanic Garden appropriation.
       With respect to operations and projects the conferees have 
     agreed to the following:

Operating Budget.............................................$5,783,000
Project Budget:
  1. D. C. Village Facility, Roof Replacement...................243,000
  2. Partnership Support........................................300,000
                                                       ________________
                                                       
  Total, Botanic Garden.......................................6,326,000


                        administrative provision

       The conference agreement includes an administrative 
     provision that requires the Comptroller General to conduct a 
     study to analyze the cost, 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.

                          Library of Congress


                         salaries and expenses

       Provides $384,671,000 for salaries and expenses, Library of 
     Congress instead of $373,225,000 as proposed by the House and 
     $379,648,000 as proposed by the Senate. Of this amount, 
     $6,350,000 is made available from receipts collected by the 
     Library of Congress and shall remain available until 
     expended;

[[Page H10774]]

     and $12,481,000 shall remain available until expended for 
     acquisition of books, periodicals, newspapers, and other 
     library materials as proposed by the House instead of 
     $11,981,000 as proposed by the Senate. The conferees have 
     provided 2 FTEs and $256,000 for the Office of the Inspector 
     General to address information technology security audits. 
     The conferees have agreed to a base reduction of 3 FTEs and 
     $300,000 in accordance with Public Law 106-57, Section 208.
       The conferees expect the Librarian of Congress to work with 
     the established educational consortium to draft future 
     budgets for the Adventure of the American Mind program and to 
     submit them to Congress. The conferees further direct that 
     the Library of Congress and the educational consortium 
     establish a program in Georgia to be funded within existing 
     resources.
       An amount of $616,000 is included to cover anticipated 
     increased agency contributions to the Federal Employees 
     Retirement System.
       With respect to program allowances the conferees have 
     agreed to the following:

1. Adventures of the American Mind...........................$2,250,000
2. Abraham Lincoln Bicentennial Commission......................500,000
3. Middle Eastern Text Initiative...............................500,000
4. National Film Preservation Board and National Film Preservation 
  Foundation....................................................500,000
5. NAVCC--Culpeper Project...................................19,538,000
6. Department of State Capital Security Cost-Sharing Program..1,200,000
7. Veterans History Project...................................1,035,000
8. Security Equipment Maintenance...............................930,000
9. Information Technology System Maintenance..................1,000,000
10. Association for Diplomatic Studies and Training.............100,000
11. Cooperative Preservation and Conservation Project...........300,000


                            copyright office

                         salaries and expenses

       Provides $53,611,000, including $33,477,000 made available 
     from receipts, for salaries and expenses, Copyright Office, 
     instead of $53,518,000 as proposed by the House and Senate. 
     The $93,000 increase provides for the increased cost of FERS.
       The conferees are encouraged by the Copyright Office's 
     recent efforts to reengineer its processes, creating an 
     electronic Copyright Office where applications and copies of 
     copyright works can be submitted, processed and stored in 
     digital form. An electronic system will provide the public 
     with better access to copyrights and better enable the 
     protection of copyrights and other intellectual property. The 
     conferees also recognize that for any electronic system to be 
     complete and useful to the public, it must also include all 
     previous copyright records not currently in electronic form. 
     The conferees are pleased that the office has initiated a 
     study which will assess the costs and feasibility, as well as 
     technical approaches, of converting its historical records so 
     that there will be electronic access to all records from 1790 
     to the present. The conferees understand that there will be 
     costs associated with such an effort, and will be interested 
     to hear the office's proposal to begin to transition the 
     historical records into electronic and searchable format.


                     congressional research service

                         salaries and expenses

       Appropriates $96,893,000 for salaries and expenses, 
     Congressional Research Service, Library of Congress, instead 
     of $96,385,000 as proposed by the House and $96,678,000 as 
     proposed by the Senate. The increase over the House allowance 
     provides $293,000 for mandatory pay reallocations and 
     $215,000 for the increased cost of FERS.


             books for the blind and physically handicapped

                         salaries and expenses

       Appropriates $54,412,000 for Books for the Blind and 
     Physically Handicapped, salaries and expenses, instead of 
     $60,187,000 as proposed by the House and $53,937,000 as 
     proposed by the Senate. Of the appropriated amount, 
     $16,235,000 shall remain available until expended instead of 
     $22,210,000 as proposed by the House and $15,960,000 as 
     proposed by the Senate. The conference agreement provides 
     $275,000 above the amount requested for the Digital Talking 
     Book Project. The conference agreement also provides $200,000 
     to remain available until expended to defray 
     telecommunications costs for the National Federation of the 
     Blind ``NEWSLINE'' audio daily newspaper service. This 
     funding will complete the project that was begun in fiscal 
     year 2003.


                       administrative provisions

       In addition to various technical corrections the conferees 
     have agreed to a provision pertaining to the National Film 
     Preservation Board and the National Film Preservation 
     Foundation. The conferees have included an administrative 
     provision that limits the amount of reimbursement to the 
     Department of State for maintenance, upgrade, and 
     construction.

                       Government Printing Office


                   congressional printing and binding

                     (including transfer of funds)

       Appropriates $88,800,000 as proposed by the House and the 
     Senate.


               office of the superintendent of documents

                         salaries and expenses

                     (including transfer of funds)

       Appropriates $31,953,000 for Office of the Superintendent 
     of Documents, salaries and expenses instead of $32,524,000 
     proposed by the House and $31,935,000 proposed by the Senate. 
     The $18,000 above the Senate allowance covers the increased 
     cost of FERS. The conferees have agreed to a FTE cap of 2,621 
     as proposed by the Senate instead of 2,889 as proposed by the 
     House.
       The conferees support public access to materials in the 
     Federal Depository Library Program's legacy and electronic 
     collections and authorize the Superintendent of Documents to 
     move forward with this program within available FTEs and 
     funding.


                        administrative provision

       The conferees have agreed to the administrative provision 
     proposed by the House and Senate authorizing the 
     Superintendent of Documents to discount sales copies of GPO 
     publications below the current limitation.

                    Government Accountability Office


                         salaries and expenses

       Provides $478,392,000, of which $7,419,000 is from 
     offsetting collections, for salaries and expenses, Government 
     Accountability Office instead of $481,000,000 as proposed by 
     the House and $477,419,000 as proposed by the Senate. The 
     increase of $973,000 above the Senate allowance is to cover 
     the increased cost of FERS.
       The conferees have withdrawn the request made by the House 
     for the Government Accountability Office to provide a report 
     outlining the statutory responsibilities of the Congressional 
     Budget Office, the Congressional Research Service, the Joint 
     Economic Committee, and the Joint Committee on Taxation.
       The conferees support the Senate report language (108-307) 
     on technology assessments and mail screening technology.


                        administrative provision

       The conferees have agreed to an administrative provision 
     proposed by the Senate which amends the Anti-Deficiency Act 
     to require the heads of executive agencies and the Mayor of 
     the District of Columbia to transmit to the Comptroller 
     General copies of reports of violations of the Act at the 
     same time violations are reported to the Congress.

         Payment to the Open World Leadership Center Trust Fund

       Appropriates $13,500,000 for a payment to the Open World 
     Leadership Center Trust Fund, as proposed by the Senate 
     instead of $6,750,000 as proposed by the House.


                       administrative provisions

       The conferees have agreed to a provision that expands the 
     Open World Leadership countries upon submission of a plan to 
     the Committees on Appropriations of the House and Senate; and 
     to a provision that amends the language relating to the 
     membership of the board.

                      TITLE II--GENERAL PROVISIONS

       In Title II, General Provisions, section numbers have been 
     changed to conform to the conference agreement and technical 
     corrections have been made.
       The conferees have included a provision that authorizes the 
     Architect of the Capitol to maintain and improve landscape 
     features of property located near the House office buildings.
       The conferees have included a provision that prohibits 
     funding in the Act, from being transferred except as provided 
     in this Act.
       The conferees have included a provision that agencies of 
     the Legislative Branch shall not be required to use the 
     eTravel Service established by the General Services 
     Administration.
       The conferees have included a provision that authorizes 
     permanent separation incentive payments to employees of the 
     Legislative Branch as was provided to all Executive branch 
     agencies in the Homeland Security Act of 2002, Public Law 
     107-296.
       The conferees have included a House provision that 
     prohibits the use of funds to study, design, plan, or 
     construct a fence around the Capitol Grounds.
       The conferees have included the Senate provision that makes 
     technical corrections to the Congressional Recognition for 
     Excellence in Arts Education Act; and a provision that 
     transfers property near the Japanese American Patriotism 
     Memorial to the Architect of the Capitol.
       The conferees have included a provision relating to the 
     Abraham Lincoln Fellowship Program.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2004 amount, the 2005 
     budget estimates, and the House and Senate bills for 2005 
     follows:

                       [In thousands of dollars]

New budget (obligational authority, fiscal year 2004.........$3,527,460
Budget estimates of new (obligational) authority, fiscal year 3,977,283

[[Page H10775]]

House bill, fiscal year 2005..................................2,750,522
Senate bill, fiscal year 2005.................................3,575,000
Conference agreement, fiscal year 2005........................3,575,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2004.........+47,540
  Budget estimates of new (obligational) authority, Fiscal year-402,283
House bill, fiscal year 2005...................................+824,478
Senate bill, fiscal year 2005........................................--

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

                        Congressional Directives

       The conferees agree that Executive Branch propensities 
     cannot substitute for Congress' own statements concerning the 
     best evidence of Congressional intentions; that is, the 
     official reports of the Congress. The committee of conference 
     approves report language included by the House (House Report 
     108-671) or the Senate (Senate Report 108-342) that is not 
     changed by the conference. The statement of the managers, 
     while repeating some report language for emphasis, is not 
     intended to negate the language referred to above unless 
     expressly provided herein.

     Budget Justification Material and Congressional Reprogramming 
                               Procedures

       The conferees agree to all language and directives included 
     in the House and Senate reports concerning the need to 
     improve the budget justification materials and Congressional 
     reprogramming procedures for departments and agencies funded 
     in this Act.

                 TITLE I--DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                         SALARIES AND EXPENSES

       Appropriates $87,234,000 for the salaries and expenses 
     instead of $89,000,000 as proposed by the House and 
     $86,000,000 as proposed by the Senate. As proposed by both 
     the House and the Senate, bill language is included that 
     specifies funding by office. The conference agreement is as 
     follows:

Immediate office of the Secretary............................$2,220,000
Immediate office of the Deputy Secretary........................705,000
Office of the General Counsel................................15,395,000
Office of the Under Secretary for Transportation Policy......12,627,000
Office of the Assistant Secretary for Budget and Programs.....8,573,000
Office of the Assistant Secretary for Governmental Affairs....2,316,000
Office of the Assistant Secretary for Administration.........23,436,000
Office of Public Affairs                                      1,929,000
Office of the Executive Secretariat...........................1,456,000
Board of Contract Appeals.......................................704,000
Office of Small and Disadvantaged Business Utilization........1,278,000
Office of the Chief Information Officer......................11,392,000
Office of Intelligence and Security...........................2,053,000
Office of Emergency Transportation............................3,150,000

       Retains provisions proposed by both the House and the 
     Senate limiting transfers among each office to no more than 5 
     percent and requiring notification and approval by the House 
     and Senate Committees on Appropriations for any transfer 
     greater than 5 percent. Bill language, as proposed by both 
     the House and the Senate, is included which allows the 
     Department to spend up to $60,000 for official reception and 
     representation expenses.
       Retains language proposed by the House prohibiting funds 
     from being used to fill the position of Assistant Secretary 
     for Public Affairs.
       Retains the House direction that the Assistant Secretary 
     for Administration fund training and recruitment activities 
     at a total of $378,000, and FedBiz Ops electronic business 
     practice activities at $68,000. Retains the Senate direction 
     to the Inspector General to review the budget justifications 
     for the last three fiscal years and the mission of the Office 
     of Assistant Secretary for Administration to determine if 
     resources are commensurate with office responsibilities.
       Retains the House direction to transfer the Office of 
     Emergency Transportation to the Office of the Secretary. Of 
     the amounts provided, $100,000 is for improvements to the 
     crisis management center and $100,000 is for regional 
     emergency response team training.
       The conferees direct the Secretary to submit an operating 
     plan for the entire Department as described in the House 
     report within 60 days of enactment of this Act. Further, the 
     Assistant Secretary for Budget and Programs shall submit a 
     quarterly report on the status of all outstanding reports and 
     reporting requirements as directed by the Senate.
       The conferees direct the Department to include in the 
     fiscal year 2006 budget justification materials detailed 
     information in the same manner as that of the fiscal year 
     2003 justifications. In addition, the conferees direct the 
     Chief Information Officer (CIO) to include in the fiscal year 
     2006 budget materials details of all funds that are utilized 
     and managed by the CIO, regardless of funding source or mode. 
     The conferees reiterate the need for better budget materials 
     from the Department in general.
       The conferees direct OST to conduct a study of declining 
     intercity bus service, as proposed by the House under the 
     Federal Transit Administration.

                         Office of Civil Rights

       Appropriates $8,700,000 as proposed by both the House and 
     the Senate.

                     Compensation for Air Carriers


                              (Rescission)

       Rescinds $235,000,000 from unobligated funds as proposed by 
     the Senate. The House did not include a similar provision.

           Transportation Planning, Research and Development

       Appropriates $20,000,000 for transportation planning, 
     research and development instead of $10,800,000 as proposed 
     by the House and $15,000,000 as proposed by the Senate. 
     Adjustments to the budget request are as follows:

Circumpolar Infrastructure Task Force of the Arctic Council and 
  Northern Forum, AK...........................................$450,000
DOT privacy assessment..........................................750,000
Inland waters freight mobility study, AL........................750,000
SDSU instrument training capital initiative, SD.................200,000
UI NIATT transportation infrastructure research and technology 
  transfer, ID..................................................300,000
Transportation, infrastructure, and logistics research..........750,000
University of Nebraska--Kearney agricultural transportation pilot 
  project, NE...................................................500,000
Western Washington University Transportation and Border Research 
  Institute, WA...............................................1,000,000
Yellow Bend Port planning and development, AR...................300,000
NIU Fuel Cell Research, IL......................................750,000
Gulf of Mexico Transportation Strategic Study...................500,000
National Research Center for Rural Transportation, KS...........500,000
Center for Coastal Engineering Research, AL.....................750,000
Interstate Digital Image Exchange...............................500,000
Great Lakes Maritime Research Institute, short seas shipping Route 
  evaluation....................................................750,000
University of Wisconsin, Superior--Transportation Logistics Research 
  Center shipper and rail service study.........................250,000
1-91 Corridor Rail Implementation Plan Study....................750,000
Hampton University Transportation Center........................250,000

                          Working Capital Fund

       Limits working capital fund activities to $151,054,000 as 
     proposed by the Senate instead of $125,000,000 as proposed by 
     the House.

               Minority Business Resource Center Program

       Appropriates $900,000 for the administrative expenses of 
     the minority business resource center program and limits 
     loans made under the program to $18,367,000 as proposed by 
     both the House and the Senate.

                       Minority Business Outreach

       Appropriates $3,000,000 for minority business outreach as 
     proposed by both the House and the Senate.

                       New Headquarters Building

       Appropriates $68,000,000 for continued construction and 
     build-out of the new headquarters building. Neither the House 
     nor the Senate provided funds for this account.

                        Payments to Air Carriers


                    (Airport and Airway Trust Fund)

       Appropriates $52,000,000 for payments to air carriers to be 
     derived from the trust fund as proposed by the Senate, 
     instead of $51,700,000 as proposed by the House. In addition 
     to these funds, the program will receive $50,000,000 in 
     mandatory spending pursuant to the Federal Aviation 
     Authorization Act of 1996, resulting in a program budget of 
     $102,000,000.

                    Federal Aviation Administration


                               operations

       The conference agreement includes $7,775,000,000 for 
     operations of the Federal Aviation Administration instead of 
     $7,726,000,000 as proposed by the House and $7,784,000,000 as 
     proposed by the Senate. Of the total amount provided, 
     $4,918,073,000 is to be derived from the airport and airway 
     trust fund instead of $4,972,000,000 as proposed by the House 
     and $4,959,503,000 proposed by the Senate. Funds are 
     distributed in the bill by budget activity, as proposed by 
     the Senate.
       Contract tower cost-sharing.--The bill specifies $7,000,000 
     for continuation of the contract tower cost-sharing program 
     as proposed by the House and Senate.
       Level of operational air traffic control supervisors.--The 
     conference agreement includes language proposed by the House 
     specifying

[[Page H10776]]

     that $4,000,000 of funds under this heading are available 
     only to raise the level of operational air traffic control 
     supervisors to 1,846. The Senate bill included no similar 
     provision.
       Administration of government credit cards.--The agreement 
     includes language proposed by the House related to FAA 
     management of government credit cards. The Senate bill 
     included no similar provision.
       The following table compares the conference agreement to 
     the President's budget and the levels proposed in the House 
     and Senate bills by budget activity:

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[[Page H10778]]

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[[Page H10779]]

       Administration of potential shortfall due to essential air 
     service transfer.--The conferees agree that the FAA 
     Administrator has the flexibility to propose the use of funds 
     in either the ``Operations'' or ``Facilities and equipment'' 
     appropriations to address any shortfalls in essential air 
     service funding for which FAA resources are required under 
     existing law. The Administrator is directed to advise the 
     House and Senate Committees on Appropriations on the 
     appropriations and programs from which these funds would be 
     drawn.
       Air traffic controller training.--The conferees agree that 
     the initial training of personnel hired with funds in this 
     Act above the budget request is to be conducted at the FAA 
     Academy to the maximum extent possible. However, conferees do 
     not intend for this directive to negatively influence FAA's 
     acceptance into the controller workforce of individuals hired 
     through the Collegiate Training Initiative program using 
     funds from FAA's base budget.
       Study of ATC requirements, Chicago O'Hare, IL.--The 
     conference agreement transfers $5,000,000 from the 
     ``Facilities and equipment'' account for airspace redesign 
     studies and associated analyses at Chicago O'Hare 
     International Airport. The budget had requested such funding 
     under the air traffic control tower replacement program.
       National airspace redesign.--Conferees agree to Senate 
     language regarding the amount and use of funds for the 
     national airspace redesign project in the New York/New Jersey 
     metropolitan area. This results in an allocation of 
     $4,000,000 for this project. The conferees agree that no 
     funds made available under this appropriation may be used to 
     prepare the Environmental Impact Statement for the redesign 
     of the New York/New Jersey/Philadelphia regional airspace, or 
     to conduct any work as part of the review of the redesign 
     project conducted under the National Environmental Policy Act 
     and related laws, as long as the FAA fails to consider noise 
     mitigation. Further, none of the funds made available for 
     this purpose shall be reprogrammed by the FAA to other 
     activities, including airspace redesign not directly related 
     to New York, New Jersey, and Philadelphia airspace redesign.
       Accounting system--consolidation.--The conferees agree that 
     FAA may proceed with its consolidation of accounting 
     operations. However, the FAA should not consolidate 
     operations of the Kansas City, Missouri office during fiscal 
     year 2005.
       Official time.--The conference agreement includes a 
     reduction of $7,000,000, as proposed by the House. The 
     conferees direct the FAA Administrator and the Director of 
     the Office of Personnel Management to submit a joint report 
     to the House and Senate Committees on Appropriations, not 
     later than April 1, 2005, explaining the specific short-term 
     actions taken to reduce official time consumption, and the 
     long-term plan to bring FAA's policies and procedures into 
     closer conformance to government-wide averages.


                        facilities and equipment

                    (airport and airway trust fund)

       The conference agreement includes $2,540,000,000 instead of 
     $2,500,000,000 as proposed by both the House and the Senate. 
     Of the total amount available, $421,000,000 is available for 
     one year, and $2,119,000,000 is available for three years. 
     The appropriation of $3,000,000 proposed by the House for 
     Defense Contract Audit Agency audits is not included.
       The following table provides a breakdown of the House and 
     Senate bills and the conference agreement by program:

[[Page H10780]]

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[[Page H10781]]

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[[Page H10782]]

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[[Page H10783]]

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[[Page H10784]]

       Advanced technology development and prototyping.--The 
     conference agreement includes $59,075,000 for advanced 
     technology development and prototyping instead of $42,400,000 
     as proposed by the House and $56,575,000 as proposed by the 
     Senate. The following table compares the conference agreement 
     to the House and Senate bills by budget activity: solo., 314

        Project                                    Conference agreement
Runway incursion.............................................$9,100,000
Aviation system capacity improvement..........................4,000,000
Separation standards..........................................2,500,000
GA/vertical flight technology.................................1,500,000
Operational concept validation................................2,000,000
NAS requirements development..................................1,500,000
Domestic RVSM.................................................2,200,000
Safer skies...................................................3,400,000
Lithium technologies to mitigate ASR..........................1,000,000
Wind/weather research, Juneau, AK.............................4,900,000
Phased array radar technology.................................4,000,000
Airport research.............................................10,100,000
Fogeye........................................................1,000,000
NAS safety assessment.........................................1,000,000
GPS anti-jam technology.......................................3,000,000
Airborne automated flight alert system........................3,000,000
Runway obstruction warning system...............................375,000
Airport cooperative research program..........................3,000,000
Data exchange project.........................................1,500 000
                                                       ________________
                                                       
    Total....................................................59,075,000

       Airport research.--Of the funds provided, $4,000,000 is for 
     the airfield improvement program authorized under section 905 
     of Public Law 106-181.
       Safe flight 21.--The conference agreement provides 
     $44,454,000, to be distributed as follows:

------------------------------------------------------------------------
                        Activity                              Amount
------------------------------------------------------------------------
Project Capstone.......................................     $36,000,000
    (Weather cameras)..................................      (7,000,000)
Ohio River Valley......................................       4,004,000
Other activities.......................................       4,450,000
------------------------------------------------------------------------

       En route automation.--The conference agreement provides 
     $347,200,000 for en route automation. FAA is given the 
     discretion to allocate the reduction of $14,000,000 among 
     projects within this program. The conferees agree that, in 
     future budget submissions, FAA is to display funds for the en 
     route automation modernization (ERAM) program in a separate 
     budget line item, and to identify sub-elements of that 
     program, with associated funding, in the budget justification 
     documents.
       Aviation weather services improvement.--The Senate recedes 
     from its direction regarding this program. Funds for these 
     activities are included under ``Safe flight 21''.
       Wide area augmentation system.--The conferees do not agree 
     with Senate direction deferring funds for the additional geo-
     stationary satellite for the wide area augmentation system. 
     The conference agreement fully funds this program.
       New York integrated control complex.--The conferees 
     reiterate support for continued analysis of a New York 
     integrated control complex. Although no current funding is 
     provided, conferees support further investigation of the New 
     York consolidation and will consider future Congressional 
     funding based on the outcome of those studies.
       Terminal air traffic control facilities replacement.--The 
     conference agreement provides $128,025,000 for this program. 
     Funds shall be distributed as follows:

[[Page H10785]]

     [GRAPHIC] [TIFF OMITTED] TH19NO04.193
     


[[Page H10786]]

       Terminal automation.--The conferees direct FAA not to 
     obligate the government contractually during fiscal year 2005 
     to actions which would involve replacement of common ARTS 
     systems or ARTS color displays until the Inspector General 
     reviews and validates the life cycle cost studies and other 
     relevant analyses provided to FAA's Joint Resources Council 
     to justify and rebaseline this possible phase of the terminal 
     automation modernization program. This direction is the same 
     as enacted for fiscal year 2004. During the current year, FAA 
     made some decisions on this program, but deferred final 
     decisions on this critical phase of the program, pending 
     further analysis. The conferees believe that FAA urgently 
     needs to make decisions on these systems, as they involve 
     many of the agency's largest and busiest air traffic control 
     facilities. Consistent with fiscal year 2004, the conference 
     direction does not prohibit the agency from including such 
     activities in contract options that the agency could exercise 
     after full review and approval is received. The conferees 
     remain neutral on the issue of STARS deployment, and await 
     the FAA's detailed analyses and the Inspector General's 
     review.
       Detroit Metro Airport, MI.--Detroit Metro Airport was 
     recently identified as a candidate airport where FAA should 
     consider installation of the precision runway monitor (PRM) 
     system to improve airport capacity in inclement weather 
     conditions. Since then, FAA has begun to limit PRM deployment 
     in favor of multilateration technology. Since the need for 
     capacity improvements at Detroit Metro remains valid, and FAA 
     is moving away from PRM deployments, the conferees encourage 
     FAA to apply fiscal year 2005 funding to develop and 
     implement the multilateration technology at this airport on 
     an accelerated basis.
       Approach lighting system improvement program.--The 
     conference agreement provides $24,360,000 for this program. 
     Funds shall be distributed as follows:

[[Page H10787]]

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[[Page H10788]]

       Instrument landing system establishments.--The conference 
     agreement provides $41,345,000 for this program. Funds shall 
     be distributed as follows:

[[Page H10789]]

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[[Page H10790]]

       Transponder landing system.--The conference agreement 
     provides $7,000,000 for this program. The conferees agree 
     that FAA should use these funds to conduct site surveys at 
     locations listed in the House and Senate reports. Funds may 
     also be used to evaluate other landing system alternatives, 
     in consultation with the affected airports.
       Airport cable loop systems.--Funding of $3,000,000 above 
     the budget estimate is for Atlanta Hartsfield International 
     Airport, GA.


                        facilities and equipment

                    (airport and airway trust fund)

                              (rescission)

       The conference agreement deletes the rescission of 
     $50,000,000 proposed by the Senate. The House bill contained 
     no similar rescission.


                 research, engineering, and development

                    (airport and airway trust fund)

       The conference agreement provides $130,927,000 for 
     research, engineering, and development instead of 
     $117,000,000 as proposed by the House and $129,427,000 as 
     proposed by the Senate. The following table compares the 
     conference agreement to the House and Senate bills by budget 
     activity:

[[Page H10791]]

     [GRAPHIC] [TIFF OMITTED] TH19NO04.196
     


[[Page H10792]]

       Propulsion and fuel systems.--Of the funds provided, 
     $2,000,000 is to continue the evaluation of molecular markers 
     for detecting the adulteration or dilution of jet fuel; 
     $500,000 is for research into modifying general aviation 
     piston engines to enable their safe operation using unleaded 
     aviation fuel; and $1,000,000 is for research into aviation 
     grade ethanol fuels at South Dakota State University.
       Advanced materials/structural safety.--Of the funds 
     provided, $4,000,000 is for research and equipment at the 
     National Institute for Aviation Research at Wichita State 
     University (NIAR) and $500,000 is for advanced materials 
     research at the University of Washington.
       Flightdeck safety/systems integration.--Of the funds 
     provided, $2,000,000 is for the mobile object technology 
     program and $1,500,000 is for continued development of in-
     flight simulator training for commercial pilots. Proposed 
     funding for training and education in aircraft inspection, 
     maintenance, and repair is not included.
       Aeromedical research.--The conference agreement provides 
     $10,160,000, an increase of $3,500,000 above the budget 
     estimate. Of the additional funds, $3,000,000 is to carry out 
     studies and analyses of airline cabin air quality through the 
     Center of Excellence for Cabin Air Quality, as recommended by 
     the Senate. The conferees encourage FAA to consider adding 
     Oklahoma State University to the consortium of universities 
     in this center of excellence. In addition, $500,000 is to 
     conduct preliminary investigations of the potential of low 
     cost, low power, lightweight, polymer array technologies, 
     networked within aircraft, to meet requirements for cabin air 
     quality monitoring. This work is to be carried out through 
     the FAA Civil Aeromedical Institute.
       Weather research.--Of the funds provided, $1,000,000 is for 
     weather-related research to be conducted between FAA and the 
     National Severe Storms Laboratory, Norman, Oklahoma.
       Wake turbulence.--Of the funds provided, $2,000,000 is to 
     enhance the capability of pulsed laser Doppler radar to 
     detect and track aircraft wakes.


                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

       The conference agreement includes a liquidating cash 
     appropriation of $2,800,000,000, as proposed by the Senate. 
     The House had no similar appropriation.
       Obligation limitation.--The conferees agree to an 
     obligation limitation of $3,500,000,000 for the ``Grants-in-
     aid for airports'' program as proposed by the Senate. The 
     House bill contained no similar limitation.
       Administration.--The conference agreement includes a 
     limitation on administrative expenses of $68,802,000 as 
     proposed by the Senate. The House bill contained no similar 
     limitation.
       Small community air service development pilot program.--The 
     bill includes $20,000,000 under the obligation limitation to 
     continue the small community air service development pilot 
     program, as proposed by the Senate. The House had no similar 
     funding. This is consistent with actions taken in the past 
     four fiscal years.
       San Diego Airport.--Conferees agree to House direction 
     regarding the San Diego Air Transportation Action Plan site 
     selection process.
       High priority projects.--Of the funds covered by the 
     obligation limitation in this bill, the conferees direct FAA 
     to provide not less than the following funding levels, out of 
     available resources, for the following projects in the 
     corresponding amounts. The conferees agree that state 
     apportionment funds may be construed as discretionary funds 
     for the purposes of implementing this provision. To the 
     maximum extent possible, the administrator should work to 
     ensure that airport sponsors for these projects first use 
     available entitlement funds to finance the projects. However, 
     the FAA should not require sponsors to apply carryover 
     entitlements to discretionary projects funded in the coming 
     year, but only those entitlements applicable to the fiscal 
     year 2005 obligation limitation. The conferees further direct 
     that the specific funding allocated above shall not diminish 
     or prejudice the application of a specific airport or 
     geographic region to receive other AIP discretionary grants 
     or multiyear letters of intent.
       Redesignation of project.--The conferees agree that the 
     fourteenth project in the AIP priority list on page 33 of 
     House Report 108-671 is renamed ``Stockton Airport''.

------------------------------------------------------------------------
              Airport                Project description      Amount
------------------------------------------------------------------------
Akron-Canton Airport, OH..........  Construction of de-       $5,000,000
                                     icing fluid
                                     containment
                                     facility.
Akutan Airport, AK................  Various improvements       2,000,000
Albany Airport, GA................  Runway extension....       1,000,000
Albemarle-Stanly County Airport,    Various improvements         600,000
 NC.
Alliance Airport, TX..............  Runway extension;          4,000,000
                                     relocate navaids;
                                     associated
                                     relocations.
Andalusia-Opp Airport, AL.........  Apron and Connector        3,500,000
                                     Taxiway
                                     Construction,
                                     Runway/Taxiway
                                     Extension Design,
                                     Land Acquisition,
                                     Runway Overlay,
                                     Road Relocation,
                                     and Runway/Taxiway
                                     Extension.
Andrews-Murphy Airport, NC........  Corporate apron            1,000,000
                                     expansion and land
                                     acquisition.
Ardmore Municipal Airport, OK.....  Reconstruct runway         1,108,113
                                     17/35.
Arnold Palmer Regional, PA........  Extend runway.......       1,000,000
Augusta Regional Airport, GA......  Terminal                   1,500,000
                                     construction.
Aurora Municipal Airport, IL......  Various improvements       2,800,000
Bartlesville Airport, OK..........  Extend runway 17/35.       1,210,526
Bastrop-Morehouse Memorial          Phase I funding for          800,000
 Airport, LA.                        land acquisition
                                     and project design.
Baxter County Regional Airport, AR  Development of             1,000,000
                                     parallel runway.
Belen Alexander Municipal Airport,  Various improvements         850,000
 NM.
Bessemer Municipal, AL............  Runway extension and       1,000,000
                                     security
                                     improvements.
Big Sandy Airport, KY.............  Fencing.............         150,000
Blue Ridge Airport, VA............  Land acquisition and         500,000
                                     road relocation
                                     associated with
                                     expansion of apron.
Brooks County Airport, TX.........  Land acquisition for         100,000
                                     runway extension.
Brownsville-South Padre Island      Engineering costs          1,250,000
 Airport, TX.                        associated with
                                     increasing the
                                     runway length.
Castle Airport, CA................  Upgrade for Part 139       1,000,000
                                     Certification,
                                     tower into
                                     compliance and
                                     various
                                     improvements.
Central Nebraska Regional Airport,  Pavement repair and       2,100, 000
 NE.                                 replacement;
                                     lighting
                                     installation.
Chandler Municipal Airport, AZ....  Heliport relocation.       1,300,000
Chattanooga Metropolitan Airport,   Taxiway ``alpha''          1,500,000
 TN.                                 north
                                     reconstruction.
Cleveland Hopkins International     Runway safety area         1,300,000
 Airport, OH.                        improvements and
                                     software
                                     installation.
Collin County Regional Airport, TX  Reconstruction/              300,000
                                     overlay of parallel
                                     taxiway; runway
                                     overlay.
Concord Regional Airport, NC......  Runway extension....       1,250,000
Council Bluffs Municipal, IA......  Runway improvements.       2,000,000
Craig/Klawock Airport, AK.........  Various improvements         500,000
Dane County Regional Airport, WI..  Construct 2nd phase        1,500,000
                                     of runway 13 safety
                                     area, object free
                                     space and approach
                                     surface.
DeKalb Taylor Municipal, IL.......  Widen taxiway A and          700,000
                                     taxiway C.
Detroit Metropolitan Airport, MI..  Demolition of the          1,000,000
                                     Berry Terminal and
                                     construction of a
                                     new deicing pad.
Dillon County Airport, SC.........  Construct hangars,         1,000,000
                                     runways, and other
                                     facilities for new
                                     airport.
DuPage Airport, IL................  Rehabilitation of          2,500,000
                                     taxiways A and C.
Eastman Airport, GA...............  Construction of the        1,000,000
                                     proposed cross wind
                                     runway.
Edinburg Airport, TX..............  Design and                   100,000
                                     engineering for
                                     upgrades to add
                                     cargo capacity.
Enid Airport, OK..................  Reconstruct parallel         947,368
                                     taxiway;
                                     rehabilitate runway
                                     17/35.
Erie County-Plum Brook Airport, OH  Initial engineering        1,500,000
                                     and design work to
                                     build the airport.
Fairbanks International, AK.......  Various improvements       1,300,000
Farmington Airport, MO............  Construct apron,           1,500,000
                                     partial parallel,
                                     and t-hanger
                                     taxiways.
Fitzgerald Municipal Airport, GA..  Runway extension and       1,300,000
                                     precision approach
                                     equipment.
Forbes Field Airport, KS..........  Taxiway improvements       1,000,000
Franklin Field, AL................  Land acquisition,          1,000,000
                                     runway extension,
                                     and parallel
                                     taxiway.
Freddie Jones Airport, AL.........  Runway extension....       1,000,000
Frenchville Airport, ME...........  Construction of            1,300,000
                                     aircraft hangar,
                                     complete access
                                     road; purchase and
                                     remove existing
                                     hangars.
Gary/Chicago Airport, IN..........  Railroad relocation.       2,800,000
Georgetown County Airport, SC.....  Various improvements       1,000,000
Golden Triangle Regional Airport,   Cargo ramp                 2,000,000
 MS.                                 construction.
Granbury Municipal Airport, TX....  Runway extension....       1,250,000
Great Falls International Airport,  Runway improvements.       3,000,000
 MT.
Gulfport-Biloxi International       Various improvements       1,250,000
 Airport, MS.
Guthrie Airport, OK...............  Complete runway 16/          684,211
                                     34 extension.
Halifax-Northampton Regional        Installation of            1,000,000
 Airport, NC.                        category I
                                     instrument landing
                                     system, including
                                     localizer,
                                     glideslope,
                                     approach lighting
                                     system, and other
                                     related components.
Hancock International, NY.........  Improve drainage;          1,000,000
                                     acquire snow
                                     removal vehicle;
                                     rehab apron.
Harlan Tucker Guthrie Airport, KY.  Fencing.............         200,000
Harnett County Airport, NC........  Runway and parallel          700,000
                                     taxiway extension;
                                     apron expansion/
                                     overlay; and
                                     localizer
                                     installation.
Havre City-County Airport, MT.....  Terminal remodeling          150,000
                                     and expansion;
                                     various
                                     improvements.
Hawkins Field, MS.................  Extend runway 1634           750,000
                                     to 6,500 feet.
Hector International Airport, ND..  Reconstruct and            1,500,000
                                     shorten runway and
                                     various
                                     improvements.
Helena Regional, MT...............  Terminal remodeling        1,250,000
                                     and expansion.
Highmore Airport, SD..............  Construct new              1,000,000
                                     runway, apron and
                                     taxiway.
Hilo International Airport, HI....  Runway pavement            1,000,000
                                     rehabilitation.
Horry County Airport, SC..........  Airport study.......         500,000
Huntsville International--Jones     Taxiway extension          2,000,000
 Field, AL.                          and land
                                     acquisition.
Ithaca Tompkins Airport, NY.......  Relocation of                500,000
                                     parallel taxiway.
Jackson International Airport, MS.  Apron replacement          1,750,000
                                     and related taxiway.
Jamestown Municipal Airport, ND...  Milling off the            4,500,000
                                     current surface and
                                     resurfacing airline
                                     runway 13/31 and
                                     various
                                     improvements.
JFK Memorial Airport, WI..........  Security fencing....         500,000
Jimmy Stewart Airport, PA.........  Runway extension....         900,000
Joplin Regional Airport, MO.......  Terminal Replacement       1,500,000
Juneau Airport, AK................  Terminal                   1,200,000
                                     enhancements.
Kahului Airport, HI...............  Taxiway pavement           1,000,000
                                     rehabilitation.
Kansas City International Airport,  Various improvements       3,000,000
 MO.
Kansas State University Airport,    Apron and hangar           1,000,000
 KS.                                 door repair.
Kenai Airport, AK.................  Various improvements       1,000,000
Kenosha Regional Airport, WI......  Various improvements       1,000,000
L.O. Simenstad Municipal Airport,   Reconstruct and            2,000,000
 WI.                                 extend primary
                                     runway to 5000
                                     feet, construct
                                     parallel taxiway,
                                     install high
                                     intensity runway
                                     lighting.
La Crosse Municipal Airport, WI...  Construct Parallel         1,500,000
                                     Taxiway.
Levelland Municipal Airport, TX...  Renovation project            68,000
                                     phase I.
Littlefield Municipal Airport, TX.  Renovation project            68,000
                                     phase I.
Logan Cache Airport, UT...........  Master plan.........         100,000
Lumberton Municipal Airport, NC...  Rehabilitate the           1,000,000
                                     primary runway.
Madras/Jefferson County Airport,    Construction of              300,000
 OR.                                 flight services
                                     building.
Manistee County Blacker Airport,    Terminal project....       1,000,000
 MI.
Marshall Municipal Airport, MN....  Extension of runways       1,000,000
Mason City Airport, IA............  Rehabilitation of          2,500,000
                                     runways; land
                                     acquisition for RSA.
Medford Airport, OR...............  Terminal                   1,200,000
                                     construction.
Merrill Airport, WI...............  Install jet A fuel         1,000,000
                                     facility; install
                                     fence..
Mid-Way Regional Airport, TX......  Extension of runway          700,000
                                     18-356.

[[Page H10793]]

 
Missoula International Airport, MT  Land acquisition....       3,925,000
Montgomery County Airport, NC.....  Lighting upgrades...         150,000
Montgomery Regional (Dannelly       Terminal Renovation--      2,000,000
 Field), AL.                         Phase III.
Moriarty Airport, NM..............  Construction of new          200,000
                                     crosswind runway--
                                     phase I.
Moton Field Municipal, AL.........  Land acquisition,          1,000,000
                                     runway and taxiway
                                     extension, apron
                                     expansion, and
                                     other improvements.
Nacogdoches--A.L. Mangham, Jr.      Runway expansion           2,000,000
 Regional Airport, TX.               phase II.
Nashville International Airport,    Expansion of the             750,000
 TN.                                 airport rescue and
                                     fire fighting
                                     facility.
New Castle County Airport, DE.....  Taxiway improvements       1,750,000
New Castle-Henry County Airport,    Land acquisition and       1,000,000
 IN.                                 runway expansion.
Newport News/Williamsburg           Phase II airline           1,000,000
 International, VA.                  ramp expansion.
Norman Airport, OK................  Reconstruct main           1,000,000
                                     hanger and apron
                                     areas.
Nut Tree Airport, CA..............  Improve airport            1,000,000
                                     access and parking
                                     aprons; seal hanger
                                     taxi landings.
Oakland County International, MI..  Relocation of t-           2,000,000
                                     hangers.
Orlando International, FL.........  Elimination of             1,000,000
                                     wildlife
                                     attractants.
Owensboro--Daviess County Regional  Runway extension....       1,000,000
 Airport, KY.
Paulding County Airport, GA.......  Land acquisition,          1,000,000
                                     design engineering;
                                     airfield
                                     improvements.
Pellston Regional Airport, MI.....  Perimeter access             500,000
                                     road and new
                                     entrances,
                                     expansion of auto
                                     parking lots, de-
                                     icing facility, and
                                     new entryway
                                     signage.
Person County Airport, NC.........  Construct runway           1,250,000
                                     extension, widen
                                     the existing runway
                                     safety area,
                                     strengthen existing
                                     pavement, and
                                     complete the
                                     parallel taxiway.
Philadelphia International          Environmental impact       2,000,000
 Airport, PA.                        statements.
Phoenix Sky Harbor International,   Taxiway                    3,500,000
 AZ.                                 reconstruction.
Put-in-Bay Airport, OH............  Various improvements       1,000,000
R. L. Jones Airport, OK...........  Improve airport              236,843
                                     drainage.
Reno/Tahoe International Airport,   Apron reconstruction       1,000,000
 NV.
Rice Lake Regional Airport (Carl's  Various improvements       2,000,000
 Field), WI.
Rochester Airport, NY.............  Extension of runway        1,250,000
                                     10/28.
Sacramento International Airport,   Various improvements       1,500,000
 CA.
Salina Municipal, KS..............  Apron and Hangar           1,000,000
                                     Repair.
San Bernardino International, CA..  Runway improvements.       4,000,000
San Francisco International         Perimeter security         1,000,000
 Airport, CA.                        fence combined with
                                     electronic
                                     detection.
Santa Teresa (Dona Ana) Airport,    Runway improvement--       1,000,000
 NM.                                 phase I.
Soldotna Airport, AK..............  Runway safety area,        1,300,000
                                     drainage
                                     improvements,
                                     tundra tire/ski
                                     runway, signing and
                                     visual guidance
                                     system.
Somerset Airport, KY..............  Relocation of Kit          2,500,000
                                     Cowan Road.
Southwest Georgia Regional          Runway extension....       1,000,000
 Airport, GA.
Spearfish Airport, SD.............  Construct new              1,000,000
                                     airport runway.
Spokane International Airport, WA.  Taxiway 'C'                5,000,000
                                     extension.
Springfield-Beckley Municipal       Purchase land for          1,700,000
 Airport, OH.                        instrument landing
                                     system and
                                     development.
St. Petersburg/Clearwater           Runway extension....       6,000,000
 International, FL.
Ted Stevens International Airport,  Laser lines of tug         1,400,000
 AK.                                 roads and Lake Hood
                                     Seaplane base.
Trent Lott International Airport,   Runway expansion....       1,000,000
 MS.
Tulsa International, OK...........  Taxi lanes; taxiway        1,500,000
                                     rehabilitation;
                                     drainage
                                     improvements.
Tupelo Airport, MS................  Upgrade terminal....       1,000,000
Unalaska Airport, AK..............  Air terminal               1,000,000
                                     expansion.
Upper Cumberland Regional Airport,  Extend runway and          2,500,000
 TN.                                 construct taxiway
                                     extension.
Virginia Highlands Airport, VA....  Environmental              1,250,000
                                     assessment,
                                     relocation of State
                                     Route 611, and
                                     design of a runway
                                     extension.
W.K. Kellogg Airport, MI..........  Various improvements       3,000,000
Warren County Airport, NY.........  Various improvements         500,000
Waukesha County Airport (Crites     Various improvements       3,000,000
 Field), WI.
West Virginia Statewide...........  Various improvements       8,000,000
Westfield-Barnes Airport, MA......  Navigation aids to           100,000
                                     add an array of
                                     eight new antennas.
Williamsburg/Whitley County         Various improvements         650,000
 Airport, KY.
Willmar Airport, MN...............  Various improvements       1,000,000
------------------------------------------------------------------------

                       Grants-in-Aid for Airports

                    (Airport and airway trust Fund)

                 (rescission of contract authorization)

       The conference agreement includes a rescission of contract 
     authority of $265,000,000 as proposed by the Senate. No 
     similar rescission was proposed by the House.

          General Provisions--Federal Aviation Administration

       Sec. 101 retains authorization for airports to transfer 
     instrument landing systems and other equipment purchased with 
     federal airport grants to the FAA, subject to certain 
     conditions, as proposed by the House and Senate.
       Sec. 102 allows 375 technical staff-years at the Center for 
     Advanced Aviation Systems Development as proposed by the 
     House, instead of 350 as proposed by the Senate.
       Sec. 103 retains a provision proposed by the House 
     prohibiting funds for engineering work related to an 
     additional runway at Louis Armstrong New Orleans 
     International Airport in Louisiana. The Senate bill contained 
     no similar provision.
       Sec. 104 retains a provision prohibiting FAA from requiring 
     airports to provide ``without cost'' building construction or 
     space, as proposed by the House and Senate.
       Sec. 105 retains a provision proposed by the House 
     prohibiting funds to change weight restrictions or prior 
     permission rules at Teterboro Airport in New Jersey. The 
     Senate bill contained no similar provision.
       Sec. 106 modifies provisions proposed by the House and 
     Senate concerning the continuation and mandatory expansion of 
     the war risk insurance program. The modification deletes 
     expansion of the program to aircraft manufacturers and 
     associated entities. As proposed by the House and Senate, the 
     conference agreement extends the existing terms and 
     conditions of the program for one year, until December 31, 
     2005. The conferees note that, under the provisions of 
     section 106 of Public Law 108-176, the Secretary continues to 
     have the authority to extend war risk insurance to aircraft 
     manufacturers at his discretion.
       Sec. 107 includes a provision making eligible for the FAA's 
     Airport Improvement Program a project meeting certain 
     specified requirements.
       The conference agreement deletes a provision proposed by 
     the Senate authorizing the FAA Administrator to accept funds 
     from an airport sponsor, subject to certain conditions, for 
     environmental reviews related to a project to add critical 
     airport capacity. A similar provision was enacted on December 
     12, 2003 in Public Law 108-176.

                     Federal Highway Administration


                 limitation on administrative expenses

       The conference agreement limits administrative expenses of 
     the Federal Highway Administration (FHWA) to $346,500,000 
     instead of $346,000,000 as proposed by the House and 
     $349,594,000 as proposed by the Senate. This amount assumes 
     funding for six full time equivalents to help oversee FHWA 
     major projects.
       The conferees recommend the following adjustments to the 
     budget request by program and activity:

Employee multidisciplinary development program..............-$1,600,000
Undistributed reduction......................................-1,494,000

       The conferees note a report on this program due by March 15 
     2004 has yet to be received by the House and Senate 
     Committees on Appropriations, and therefore reduce funding 
     for the employee multidisciplinary development program to 
     $2,506,000. The conferees include an undistributed reduction 
     of $1,494,000 and direct FHWA to report back to the House and 
     Senate Committees on Appropriations on the planned amounts 
     for these activities and funding sources with the 2005 
     operations plan, and actual amounts and funding sources in 
     future budget justifications. A table should include 
     information on each LAE subline item, including the budget 
     request, reductions (if any), and a total. Examples of 
     subline items are ``awards'', ``Oracle licensing'', 
     ``electronic government'', or ``IT cost to meet new IT 
     architecture standards''.


                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

       The conference agreement limits obligations for the 
     federal-aid highways program to $34,700,000,000 instead of 
     $34,641,000,000 as proposed by the House and $34,900,000,000 
     as proposed by the Senate.
       Project clarifications--The conference agreement deletes 
     language associated with changes or corrections to projects 
     in the statement of managers associated with both the fiscal 
     year 2004 and 2003 bills, as proposed by the Senate.
       Public lands.--The conference agreement modifies language 
     proposed by the Senate directing that funds allocated to 
     FHWA's public lands discretionary program be derived from 
     that program and not from funds allocated to the National 
     Park Service, and that these funds not come from funds 
     allocated to the Fish and Wildlife Service's regions.
       Major projects updates.--The conferees require FHWA to 
     provide the House and Senate Committees on appropriations 
     quarterly updates on major projects it is tracking.
       Tranportation Enhancements--The conferees are aware that 
     the Surface Transportation Extension Acts continue TEA-21's 
     requirement that 10 percent of the Surface Transportation 
     Program (STP) funds apportioned to a State be set-aside 
     specifically for transportation enhancement (TE) activities, 
     which fund community-based transportation infrastructure 
     projects. The Conferees direct that of the fiscal year 2005 
     TE funds distributed to the State of Oklahoma, the Federal 
     Highway Administration shall ensure that a total of 
     $2,500,000 is provided to the visitor welcome centers at 
     Blackwell and at Erick, Oklahoma; and that $750,000 is 
     provided to the recreational trails project in Edmond, 
     Oklahoma.
       District of Columbia partnership.--The conferees recognize 
     the success of the ``DC Streets'' partnership, a project to 
     preserve and maintain the majority of the 75 mile NHS system 
     in the District of Columbia. The conferees note the favorable 
     evaluation of asset condition when measured against 
     performance measures, and believe that the project could 
     serve as a national model for performance based contracting.


                 limitation on transportation research

       The conferees provide a general limitation on 
     transportation research of $462,500,000, as proposed by the 
     Senate, instead of $478,000,000 as proposed by the House.

[[Page H10794]]

                    surface transportation research

       Within the funds provided for surface transportation 
     research, the conference agreement modifies House and Senate 
     language and includes $103,000,000 for highway research and 
     development for the following activities:

Environmental, planning, real estate........................$16,850,000
Research and technology program support.......................8,000,000
International research..........................................400,000
Structures...................................................14,000,000
Safety.......................................................11,500,000
Operations...................................................13,000,000
Asset management..............................................2,750,000
Pavements research...........................................16,000,000
Long term pavement project (LTPP)............................10,000,000
Advanced research...............................................750,000
Policy research...............................................9,000,000
R&T strategic planning and performance measures.................750,000
                                                       ________________
                                                       
    Total...................................................103,000,000

       The conference agreement replaces language allocating 
     research funding proposed by the Senate with the following 
     language:
       Environmental, planning, and real estate.--The conference 
     agreement provides $16,850,000 for environmental, planning, 
     and real estate research. Within the funds provided for this 
     research activity, the FHWA is directed to provide $1,000,000 
     to continue dust and persistent particulate abatement 
     research in Emmonak, Alaska, $500,000 for Central California 
     Ozone Study, and $250,000 for the Sacramento Blueprint, 
     California.
       Research and technology.--The conference agreement provides 
     $8,000,000 for research and technology program support. 
     Within the funds provided for this activity, the FHWA is 
     directed to provide $250,000 to the Transportation Research 
     Center at Georgia Tech University; $700,000 to the Center for 
     Intermodal Freight Mobility and Security in Maryland; 
     $750,000 for the Center on Coastal Transportation Research at 
     the University of South Alabama, $475,000 for NEPA training 
     at Pellissippi State Community College in Tennessee, $650,000 
     for the University of Vermont for research related to dynamic 
     transportation modeling and advanced ground penetrating radar 
     systems, and $1,500,000 for the Oklahoma Transportation 
     Center.
       International research.--``The conferees provide $400,000 
     for international research activities. Further, FHWA is 
     directed by the conferees to consult the House and Senate 
     Appropriations Committees before any international agreements 
     are consummated that are likely to require financial support 
     as proposed by the House.
       Structures.--The conference agreement provides $14,000,000 
     for structures research. Within the funds provided for 
     structures research, the conferees direct FHWA to provide 
     $125,000 to support nondestructive structural evaluation 
     technology at New Mexico State University's Bridge Research 
     Center, $200,000 for West Virginia University Constructed 
     Facilities Center for fire and blast resistant composite 
     barriers research, and $150,000 for the University of 
     Delaware's innovative bridge research program, $350,000 to 
     the University of Maine to study the use of wood composite 
     material to extend the life of ports, and $1,000,000 for 
     the National Steel Bridge Alliance. The conferees strongly 
     encourage FHWA to continue its research and deployment of 
     lithium technologies to prevent and mitigate ASR since 
     advances in these lithium technologies have the potential 
     to help increase the durability of our transportation 
     infrastructure.
       Safety.--The conference agreement provides $11,500,000 for 
     safety research.
       Operations and asset management.---The conference agreement 
     provides $13,000,000 for operations and $2,750,000 for asset 
     management. Within the funds provided for these activities, 
     the conferees direct FHWA to provide $700,000 for Wisconsin's 
     critical vulnerability assessment and countermeasure plan; 
     $300,000 for the Wisconsin STRAHNET detour route planning; 
     $1,500,000 for the Puget Sound In-Vehicle Traffic Map 
     Demonstration initiative in Washington State; and $500,000 
     for the Pacific Northwest freight mobility research program 
     at Washington State University, the University of Washington, 
     and North Dakota State University.
       The conference agreement does not provide funds for 
     statistical analysis of the National Quality Initiative under 
     any FHWA research program, as proposed by the House. Such 
     analysis shall be performed by the Bureau of Transportation 
     Statistics.
       Pavements.--The conference agreement provides $16,000,000 
     for pavements research. Within the funds provided for this 
     activity, the conferees direct FHWA to provide $250,000 to 
     Tennessee Tech University rapid set pavement research and 
     development; $500,000 for low cost carbon fiber production 
     technology, University of Tennessee Space Institute; $550,000 
     for the Center for Portland Cement Concrete Pavement 
     Technology at Iowa State University; $1,250,000 to the 
     National Center for Asphalt Technology, Auburn, Alabama; 
     $450,000 for the Mack-Blackwell Paving Materials Study, 
     Arkansas; $300,000 for the concrete research at Oklahoma 
     State University; and $500,000 for aggregates research at the 
     International Center for Aggregates Research, Texas.
       Policy.--The conference agreement provides $9,000,000 for 
     policy research. Within the funds provided for this activity, 
     FHWA is directed to provide $300,000 to the Boston University 
     infrastructure investment research initiative.


                   INTELLIGENT TRANSPORTATION SYSTEMS

       The conference agreement modifies language proposed in the 
     House and Senate and provides a limitation on Intelligent 
     Transportation Systems of $232,000,000. Funds are available 
     for the following activities:

Research and development....................................$52,000,000
Operational tests............................................10,000,000
Evaluations...................................................7,000,000
Architecture and standards...................................18,000,000
Integrations.................................................11,500,000
Program support..............................................11,500,000
                                                       ________________
                                                       
    Subtotal................................................110,000,000
ITS Deployment incentive program............................122,000,000
                                                       ________________
                                                       
    Total...................................................232,000,000

       Joint Program Office.--The conferees retain House language 
     regarding the structure of the ITS Joint Program and 
     directing the Secretary to justify any changes to the 
     administrative structure.
       Intelligent transportation systems deployment projects.--
     Within the funds available for intelligent transportation 
     systems deployment, the conference agreement provides that 
     not less than the following sums shall be available for 
     intelligent transportation projects in these specified areas:


        Project Name                                             Amount
Alameda Corridor--East Project, San Gabriel Valley, Californi$2,000,000
Alexandria Fiber Optic Cable for Traffic Signal Coordination, 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, Massachussets.....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
1-91 Fiber and ITS Construction, Massachussets................2,500,000
Intelligent Transportation at George Washington University, Vi1,000,000
Intelligent Transportation System feasibility study and implementation 
  plan, Edmond, OK..............................................100,000
Intelligent Transportation System, Jackson, Tennessee...........385,000

[[Page H10795]]

Intelligent Transportation System, Wichita, Kansas............1,250,000
Intelligent Transportation Systems--Nebraska....................450,000
Intelligent Transportation Systems, City of Jackson, Tennessee1,000,000
Intelligent Transportation Systems, Illinois..................5,000,000
Intercity Transit ITS (Thurston County), Washington...........2,000,000
Interurban Transit Partnership, Grand Rapids, MI..............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, Texas500,000
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, NJ.............765,000
Pennsylvania Turnpike ITS Initiative, Pennsylvania............2,000,000
PSU's Center for Transportation Studies ITS Initiatitive, Oregon400,000
Puget Sound In-Vehicle Traffic Map Expansion Program, Washingt2,000,000
Pulaski at Irving Park Intersection Improvement, Illinois.......500,000
PVTA ITS, Massachussets.......................................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 Preemption Upgrades, Culver City, California.............110,000
South Boulevard Signal System, North Carolina...................470,000
Springfield Regional Intelligent Transportation System, Missou2,000,000
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, Massachusett200,000
TMC Transportation Operations Center, Texas.....................500,000
Traffic Operations Center, City of Fresno, California...........500,000
Traffic Response and Information, Partnership Center, Maryland1,500,000
Transportation Management & Emergency Ops Center/Oakland, Califo750,000
Transportation Research Center, Georgia.......................1,000,000
Traveler Information System, Seattle, Washington..............1,000,000
Tri-County ITS Coordination Intitiative, 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--Pha3,400,000

               Ferry Boats and Ferry Terminal Facilities

       Within the funds available for ferry boats and ferry 
     terminal facilities, funds are to be available for the 
     following projects and activities:

        Project                                                  Amount
Beale Street Landing / Docking Facility, Memphis, Tennessee....$500,000
Beale Street Landing/Docking Facility, Tennessee..............1,350,000
Bridgeport High Speed Ferry Terminal, Connecticut...............550,000
Bridgeport High-Speed Ferry Terminal Project, Connecticut.......350,000
City dock repairs, Bayfield, Wisconsin..........................500,000
Claggett Hill, Lewis and Clark Ferry Boat Facilities on Missouri River, 
  Montana.....................................................1,000,000
Claggett Road /Lewis Clark Ferry Boat Facilities, Montana.......500,000
Commuter Ferry to Boston, Winthrop, Massachussets...............300,000
Ferry Boat for San Fracisco Water Transit Authority, Californi1,000,000
Ferry for Jamestown 2007 Festivities, Virginia..................250,000
Greenup-Boyd Riverport Authority in Greenup County, Kentucky....850,000
Jamaica Bay Transportation Hub, New York........................300,000
Kitsap Transit Ferry Boat Buy, Washington.....................1,750,000
Mammoth Cave/Edmonson County Green River Ferry, Kentucky........250,000
Mid-Chesapeake Bay Ferry, Virginia..............................250,000
National Park Service Sandy Hook, New Jersey....................400,000
Newport Harbor Water Shuttle, Rhode Island......................600,000
Oklahoma City Water Taxi......................................1,000,000
Penobscot River Passenger Ferry Docking Facility, Maine.........750,000
Putnam County, FL Ferry Boat & Terminal Facilities, Florida.....500,000
Savannah Water Taxi, Georgia....................................500,000
St. Johns River Ferry Terminal, Florida.........................700,000
Stamford High Speed Ferry, Connecticut..........................500,000
Staten Island Ferryboat Replacement--New York, New York.......1,000,000
Washington State Ferries, Smart Video Surveillance for Ferry Sec750,000
Water taxi docks, New York......................................600,000
Water Taxi Study, Barnett Reservoir, Mississippi..............1,000,000

       National Corridor Planning and Border Development Program

       Within the funds available for the national corridor 
     planning and border development program, funds are to be 
     available for the following projects and activities:


[[Page H10796]]




         Project                                                 Amount
Albany Bypass, Clinton County, Kentucky......................$1,000,000
Berkley Road Polk County, Florida.............................2,000,000
Bishopville Bypass Construction, South Carolina...............1,500,000
Broad & Washington Street Reconstruction, Connecticut.........2,000,000
Carrollton/US90-US61 Rehabilitation Project, Louisiana........1,000,000
Construction of Juneau Access road, Alaska....................2,000,000
Construction of road from Kotzebue, Alaska to Cape Blossom, Al2,000,000
Construction of road, Shot Gun Cove, Alaska...................2,000,000
County State Aid Highway 21 Project, Minnesota................1,000,000
Craig roads, Alaska...........................................1,000,000
Cross Valley Connector, California............................5,000,000
East Hiram Parkway, Paulding County, Georgia..................1,000,000
Emmonak street lighting, Alaska...............................1,000,000
Englewood Interstate Connector EIC, Sarasota, Florida.........1,000,000
FAST Corridor Program, Washington.............................2,500,000
Haleyville Bypass, Winston County, Alabama....................6,500,000
Highway 65 Hollister Interchange Missouri.....................1,000,000
Horse Stamp Road/I-95 Interchange, Georgia....................3,000,000
I-4/Crosstown Connection in Hillsborough County, Florida......1,000,000
I-235/US54 and I-235/Central Ave, Wichita, Kansas.............1,500,000
I-49 North, Louisiana.........................................2,250,000
I-49 South, Louisiana.........................................2,250,000
I-494/US 169 Interchange, Minnesota...........................1,500,000
I-635, Texas..................................................2,450,000
I-69 Access Project, Hamilton County, IN......................1,000,000
I-69/SR 304 Paving, Mississippi...............................1,000,000
I-69 Connector (I-530 Ext.): Pine Bluff-Hwy. 278, Arkansas....2,000,000
I-74 from Maxton Bypass to Lumberton, North Carolina..........1,000,000
Improvements to Anaheim Street, from 710 Freeway, California....500,000
Improvements to CR 833 in Hendry County, Florida..............1,000,000
Interchange at K-7 & 55th St./Johnson Dr, Shawnee, Kansas.....2,000,000
Interstate 280 Interchange Improvements, New Jersey...........1,500,000
Interstate 5 Riverfront Reconnector, California...............1,000,000
Interstate 69, Tennessee......................................1,500,000
Jennie Barker Rd./Mary St./K-156 Intersection, Finney County, Ka500,000
Kalispell Bypass, Montana.....................................3,000,000
Kodiak Island roads, Alaska...................................1,300,000
KY 911/115 Widening, Kentucky.................................1,000,000
Lincoln Parish I-20 Corridor, Louisiana.......................1,000,000
Loop 49 from SH 155 to SH 31, Texas...........................3,000,000
Manchester Road in Akron, Ohio................................1,000,000
Mesa del Sol/I-25 Interchange, New Mexico.....................1,000,000
Mon-Fayette Expressway Project/Uniontown to Browns, Pennsylvan2,000,000
Navajo Route N7048 Bridge Construction, New Mexico..............250,000
Nikiski emergency escape road, Alaska...........................500,000
Northwest Butler Transportation Improvement District, Ohio....4,000,000
Old Highway 471, Rankin County, Mississippi...................1,000,000
Outer Loop/I-85 Connector, Montgomery, Alabama................2,000,000
Parkway West Missing Ramps and Widening Project, Pennsylvania.1,000,000
Port of Albany Operational Improvements, New York.............1,000,000
Ports of Savage/TH 13 Improvements, Minnesota.................1,000,000
President George Bush Tollway Eastern Extension, Texas........2,000,000
Pt. Hope evacuation road, Alaska..............................2,000,000
Reconstruction of Ashburton Avenue, Saw Mill River............1,200,000
Reyes Adobe Road Interchange Project, California..............1,500,000
Rickenbacker Intermodal Facility, Ohio........................1,500,000
Route 247, Nelson County, Kentucky..............................600,000
Route 412 Improvement Project, Bethlehem, Pennsylvania........3,000,000
Route 79 Improvements, Fall River, Massachusetts..............1,000,000
SR 0171, Drinkers Creek Bridge, Susquehanna County, Pennsylvan1,000,000
Santa Fe Corridor, Colorado...................................1,000,000
SR 519 Intermodal Access, Washington..........................1,000,000
Street Improvements, Lawndale, California.......................500,000
US 82 Bypass at Greenville, Mississippi.......................1,500,000
US 101 Off-ramp Extension at Van Nuys Boulevard, California...1,000,000
US 319 Improvements, Florida..................................1,000,000
US 321 Corridor, North Carolina...............................1,000,000
US 60 bridge replacement, Virginia............................2,600,000
US Highway 56 Improvements, Kansas............................4,000,000
US Route 2/Danville, Vermont Improvements.....................2,000,000
Upgrade of NH Rte. 110 Berlin, New Hampshire....................800,000
US 395--North Spokane Corridor, Washington....................1,000,000
US 401 in Harnett, Cumberland & Wake Counties, North Carolina...800,000
US 62--Franklin County/Frank Road, Ohio.......................1,000,000
US 83 from .5 mi e of FM1425 to Hidalgo/Cameron, Texas........1,000,000
US Highway 62/180 Four-Lane Reconstruction, New Mexico........5,000,000
US-95, MP 536 to Canadian Border, Idaho.......................1,500,000
UW-Bothell/Cascadia South Access Project, Washington..........1,000,000
Wadsworth/U.S. 36 Interchange in Broomfield, Colorado.........1,250,000
Wasilla substandard road improvements, Alaska.................1,000,000
West Virginia Route 9--Berkeley and Jefferson Counties.......10,000,000
White County/Monticello 6th Street West Shafer Drive Project, In250,000
Yakima Grade Separations, Washington..........................1,500,000

      Transportation and Community and System Preservation Program

       Within the funds made available for the transportation and 
     community and system preservation program, funds are to be 
     distributed to the following projects and activities:

        Project                                                  Amount
Aberdeen, South Dakota Pedestrian/Bicycle Trail................$200,000
AltaVista Business Park Entrance, Pennsylvania................2,500,000
American Village Citizenship Trust--Transportation Access and 
  Improvement, Alabama........................................1,000,000
Antelope Valley Transportation Improvements, Nebraska.........1,000,000
Blount County Transportation Growth and Planning Study, Tennesse500,000
Clayton Core Area Revitalization and Enhancement Program, Alabam250,000
Concord 20/20, New Hampshire....................................450,000
Coosa River Boardwalk, Gadsden, Alabama.........................800,000
Culpeper Regional Airport Road Project, Virginia..............1,100,000
Fairgrounds Road in Alamagordo, New Mexico......................400,000
Farmington Canal Greenway, New Haven, Connecticut...............750,000
Hammonton Pedestrian Downtown Improvements, New Jersey..........200,000
Hattiesburg Rail-Roadway Intersection Congestion Study, Mississi300,000
Henry M. Jackson Pedestrian and Bicycle Bridge and Snohomish River 
  Shoreline Trail Project, Everett, Washington..................500,000
INAAP Re-Use Authority Project, Indiana.......................1,000,000
Lakeview Park Trail, Mexico, Missouri...........................375,000
Luverne, AL Downtown Revitalization, Alabama....................500,000
Miami Performing Arts Center: Pedestrian Plaza and Traffic Calming, 
  Florida.......................................................250,000
Midwest City Hudiburg Drive Improvements, Oklahoma..............875,000
Mingo Trail Construction, Oklahoma..............................200,000
New Cassel Revitalization Project, NY.........................1,000,000
NH Rte. 103 Bridge, Warner, New Hampshire.......................200,000
Norman, Oklahoma Railroad Grade Separations, Oklahoma.........1,000,000
Oglala, South Dakota Pedestrian/Bicycle Trail...................225,000

[[Page H10797]]

Orange Beach Pedestrian Safety and Lighting Enhancements, Alabam250,000
Ottawa, KS Master Transportation Plan, Kansas...................200,000
Paulding Business and Technology Park, Georgia................1,000,000
Paulding County Business and Technology Park Roadway Improvement, 
  Georgia.....................................................1,000,000
Pedestrian bridge, Shandon, California..........................250,000
Pedestrian safety improvements, San Miguel, California..........250,000
Philadelphia Port--Access Enhancement Plan, Pennsylvania........500,000
Portsmouth Town Center, Rhode Island............................225,000
Resurfacing Diaz Avenue in Hurley, New Mexico...................100,000
Sidewalk & Lighting Improvements, Bevill State CC, Alabama......400,000
Southern Corridor/Atkinville Interchange, Utah................2,500,000
State Route 52 East from SR125 to SR67, California............1,000,000
US-2 Development Plan, Washington...............................500,000
Wheeler NWR--Wildlife Drive, Alabama............................250,000
Windsor, VT Industrial Access Road, Vermont...................1,000,000

                      Bridge Discretionary Program

       Within the funds available for the bridge discretionary 
     program, including the bridge set-aside, funds are to be 
     available for the following projects and activities:

        Project                                                  Amount
Black Narrows and Chincoteague Bridge, Virginia..............$1,000,000
Brent Spence Bridge Replacement, Kentucky.....................3,000,000
Brent Spence Bridge, Kentucky.................................1,000,000
Bridge Number 658, Arizona......................................200,000
Covered Bridge Program, Vermont...............................2,000,000
Dover Bridge, Bonner County, Idaho............................1,500,000
Eutaw, Alabama Bridge Reconstruction............................500,000
Flat Road Bridge, Pennsylvania..................................500,000
Flint River Bridge, Albany, Georgia...........................1,000,000
Gill Montague Bridge, Massachussets...........................3,000,000
Gilmerton Bridge, Chesapeake, Virginia..........................250,000
Golden Gate Bridge Seismic Retrofit, California...............5,000,000
Highway 35 Bridge Repair, near Little River Canyon, Alabama.....800,000
Hoover Dam Bypass Bridge, Arizona............................10,000,000
I-10 Bridge Widening at Ray Road, Arizona.....................1,000,000
I-40 Oklahoma City Cross Town Expressway.....................10,000,000
I-75 bridge upgrades for capacity improvements, Florida.......1,500,000
Indian River Inlet Bridge Replacement, Delaware...............5,000,000
Interstate 35-E at CSAH 14 in Lino Lakes, Minnesota.............250,000
Interstate 74 Bridge, Bettendorf, Iowa........................1,100,000
Joachim Avenue Bridge Replacement, Missouri...................2,500,000
Juneau bridge repair and upgrade, Alaska......................1,800,000
LA 143-US 165 Connector/Ouachita River Bridge, Louisiana......1,500,000
Leeville Bridge, Lafourche Parish, Louisiana..................1,000,000
Louisiana Department of Transportation........................1,000,000
Lowell Street Bridge, Somerville, Massachussets...............2,000,000
Matthews Bridge Replacement, Florida..........................1,500,000
McBaine Bridge Replacement, Missouri............................850,000
Meridian Bridge, Yankton, South Dakota........................4,000,000
Missisquoi Bay Bridge, Vermont................................1,500,000
Naknek Bridge, Alaska.........................................3,000,000
National Covered Bridge Program...............................2,000,000
NM467 Highway Overpass, New Mexico............................1,000,000
North-South Wacker Drive Reconstruction, Chicago, Illinois....5,000,000
Ohio River Bridges, Kentucky..................................2,000,000
Old Central Bridge in Pickens County, South Carolina............200,000
Old Town-Milford Bridge, Maine................................2,000,000
Rancho Cucamonga I-15 Base Line Road Interchange, California....500,000
Reconstruction of Multorpor Overpass at Highway 26, Oregon....2,500,000
Removal of old Jamestown Bridge, Rhode Island.................3,000,000
Replacement of Waldo-Hancock Bridge, Maine....................1,000,000
Route 17/Essex Street Bridge Replacement, Bergen County, New J2,000,000
Scioto River Bridges Replacements, Columbus, Ohio.............1,000,000
Seventh Street Bridge Reconstruction--Port Huron, Michigan......500,000
SR-520 Bridge Replacement and HOV Project, Washington.........1,000,000
SR-6, Bridge Replacement Project, Pacific County, Washington..1,000,000
Star Landing Railroad Underpass, Southaven, Mississippi.......2,000,000
State Hwy. 32 (Claude Allouez Bridge, DePere), Wisconsin......1,000,000
Sutton Road Bridge, Pennsylvania................................500,000
Topeka Boulevard Bridge, Kansas.................................850,000
US 220-Business Bridge Replacement, Virginia....................400,000
US 34 Missouri River Bridge, Mills County, Iowa.................500,000
Upgrade Route 141 from I-64 to Route 340, Missouri..............800,000

                             Federal Lands

       Within the funds available for the federal lands program, 
     funds are to be available for the following projects and 
     activities:

        Project Name                                             Amount
14th Street Bridge Improvements, Virginia....................$1,250,000
Access Road Planning--Big Gem Park/Shenandoah, Virginia..........60,000
Alaska Trail Initiative.......................................4,000,000
Amherst County River Walk Trail, Virginia.......................500,000
Beale Air Force Base access road improvements, California.....1,000,000
Bear River Access Road, Utah..................................2,000,000
Cape Cod Seashore Eastham/Dennis Bike Trail Repair, Massachuss1,200,000
City of Palm Harbor Safety and Access Program...................700,000
City of Rocks Back Country Byway, Stage 3, Idaho..............1,000,000
City of Rocks Back Country Byway, Stage 3, Idaho..............3,000,000
City of Treasure Island Harbor Safety and Access Program........450,000
Doyle Drive Replacement Project, California...................1,000,000
Enumclaw Welcome Center, Washington...........................1,000,000
Fort Campbell Cole Road Widening, Kentucky....................2,000,000
Fort Peck Reservoir Fishing Access Roads, Montana.............5,000,000
Frederick Douglass Bridge, Washington, DC.....................4,500,000
Golden Gate National Park Conservancy.........................1,000,000
Grand Teton National Park pathway system, Wyoming.............4,000,000
Hoover Dam Bypass Boulder City Extension, Nevada..............1,000,000
I-25/NM 556 Interchange, Pueblo of Sandia, New Mexico...........500,000
I-5/116th Street NE Interchange Improvements, Tulalip Tribe, W1,000,000
IH20-Dyess AFB Access Project, Texas............................750,000
Kentucky Scenic Byways........................................1,000,000
Lake Mead Parkway/Lake Las Vegas Gateway......................1,000,000
Leelanau County Road Commission, Michigan.......................300,000
Lone Pine Dam Road, Arizona...................................2,500,000
Louis Reef Road and Boswick Lake Road, Alaska.................1,500,000
Lowell Riverwalk, Massachusetts...............................1,000,000
M-6 Paul Henry Trail construction, Michigan...................1,000,000
Marin Parklands/Muir Woods Visitor Access, California.........1,278,000
Marysville Road Construction Project, Montana.................3,000,000
MD 4, Suitland Parkway, Maryland..............................3,750,000
Missisquoi Wildlife Refuge Federal Lands Project, Vermont.......500,000
Needles Highway/NV Improvements, California.....................500,000
OR 140, Lake County, Oregon.....................................500,000
OR 140, Lake County, Oregon.....................................400,000
Palm Coast Trail System, Flagler County, Florida..............1,000,000
Pine Springs Road N9010, Arizona..............................1,000,000

[[Page H10798]]

Port of Stockton Daggett Road, California.....................1,000,000
Preston North & South, Nebraska.................................700,000
S-323 Alzada-Ekalaka, Montana.................................3,000,000
Serpentine Hot Springs Road, Bering Land Bridge National Park,1,000,000
SH 145--Dolores to Stoner, Colorado.............................500,000
Silvio Conte National Fish & Wildlife Refuge Educational Outreach 
  Center, Norwich, Vermont....................................1,000,000
South Palm Canyon Drive Phase 2, California...................1,582,000
SR 160 Blue Diamond Highway Widening--Valley View to Rainbow Clark 
  County, Nevada..............................................5,000,000
SR-92, I-15 to 1200 East, Lehi, Utah............................750,000
Statewide Improvements to Federal Lands, Hawaii...............4,000,000
Summit Valley Road, San Bernardino County, California.........1,000,000
Swinomish Tribe Marina Project, Washington....................2,000,000
Timucuan Preserve Bike Trail, Florida.........................1,000,000
Turtle Mountain Access Road to Ojibwa Indian School, North Dak1,000,000
Turtle Mountain Access Road to Ojibwa Indian School, North Dak1,000,000
USMC Heritage Center Access, Virginia...........................500,000
Valles Caldera National Preserve, New Mexico..................1,250,000
Vermont Civil War Monument in Virginia..........................200,000

                  Interstate Maintenance Discretionary

       Within the funds available for the interstate maintenance 
     discretionary program, funds are to be available for the 
     following projects and activities:

        Project Name                                             Amount
I-15, SR-92 to University Parkway, Utah County, Utah.........$1,000,000
34th Street Corridor/I-94 Interchange, Moorhead, Minnesota....4,000,000
Clark County Beltway (I-215) interchanges project, Nevada.....1,000,000
Cocke County Tennessee I-40 Connector Roads, Tennessee........1,000,000
Coweta County Noise Barrier, Georgia............................750,000
Exit 18 Reconstruction, Town of Queensbury, New York..........1,000,000
Exit 3, I-295 South Portland, Maine.............................800,000
Harrison County New 184 Interchange, Indiana..................1,000,000
Heartland Expressway Nebraska.................................1,000,000
I-10 Riverside Avenue Interchange, California.................1,250,000
I-12 @ LA 1088 Interchange, St Tammany Parish, LA...............500,000
I-15--24th Street Interchange, Ogden, Utah......................500,000
I-15 North & Commuter Rail Coordination, Utah.................2,500,000
I-20 Interchange at Hawkins Crossing, Lauderdale County, Mississ250,000
I-205, Oregon.................................................1,000,000
I-215/Barton Road Interchange Improvements, California........2,000,000
I-25 through Colorado Springs, Colorado.........................750,000
I-253/US-54 & I-235/Central Ave. Interchanges, Kansas.........3,000,000
I-29 Northbound Reconstruction, North Dakota..................2,000,000
I-30 Dallas Construction of Bridge, Trinity River, Texas........500,000
I-35 Interchange, Thackerville, Oklahoma......................1,000,000
1-40 and Morgan Road Interchange Improvements, Oklahoma City, OK500,000
I-40 Oklahoma City Cross Town Expressway......................5,000,000
1-5 Blaine Exit Interchange, Whatcom County, Washington.......2,500,000
I-5 South HOV Lane, Phase 1, California.........................500,000
I-5/SR 18 Interchange Reconstruction, Washington..............1,000,000
I-55 Sound Barrier, Darien, Illinois..........................1,400,000
I-580/Meadowood Complex Improvements, Reno, Nevada............1,000,000
1-635/Van de Populier Road Interchange, Missouri..............5,000,000
I-64 from IL 157 to Lincoln Trail at O'Fallon, Illinois.......1,000,000
1-66 / Route 29 Interchange, Gainesville, Virginia..............250,000
1-695, Baltimore Beltway N/E, Maryland........................1,000,000
I-70 at SH 58 Interchange Reconstruction, Colorado............1,500,000
I-70 Improvement Project, Maryland............................5,000,000
I-70 Tunnel Improvements, C-470 to Glenwood Springs, Colorado.2,000,000
I-75 in Rockcastle County, Kentucky...........................1,000,000
I-75 Interchanges Preliminary Engineering and Environmental Impact 
  Study Project, Ohio.........................................1,000,000
I-75/I-475 North Interchange, Ohio............................1,000,000
I-76 between Ft. Morgan and Brush, Colorado...................1,000,000
I-76 Northeast Gateway, Colorado..............................1,500,000
1-79 Parkway West missing ramps and widening, Pennsylvania....2,000,000
I-80 Freight Corridor Improvements, Wyoming.....................500,000
1-93 Interchange, Massachusetts...............................2,000,000
I-94 Safety near Benton Harbor and St. Joseph, Michigan.........100,000
I-95 and Route 20 Interchange modification, Waltham, Massachus2,000,000
I-96 Beck and Wixom Road Interchange, Michigan................1,000,000
IH 30-IH 635 Interchange, Texas...............................1,000,000
Interchange on I-35 at Lone Elm Road, Olathe, Kansas..........1,000,000
Interstate 10--Cypress Avenue Overcrossing, California..........500,000
Interstate 280 Interchange Improvements, New Jersey...........1,000,000
Interstate 430/630: Interchange Modification, Arkansas........1,000,000
Interstate 5 and Interstate 8 Connector, California...........1,200,000
Interstate 80 at Fernley, Nevada................................500,000
Interstate 94/43/794 Marquette Interchange, Milwaukee, Wiscons5,000,000
LA37/US 190 Connector (Central Thruway), Louisiana............1,250,000
Laval Road Interchange at Interstate 5, California............1,000,000
Manslick Road feasibility study, Kentucky.......................300,000
Pennsylvania Turnpike/I-95 Interchange Project, Pennsylvania....500,000
Phase 2 of I-520, Palmetto Parkway in Aiken County, South Caro1,000,000
Pineda Causeway Interchange at 1-95, Florida..................1,200,000
Port of Houston Barbours Cut Boulevard, Texas.................1,500,000
Rehabilitiation of Interstate I-195, Rhode Island.............1,000,000
Replacement of Washington Bridge, Rhode Island................1,000,000
Routes I-295/42/I-76 Direct Connection, New Jersey............1,250,000
SR 54/I-75 Interchange in Pasco County........................1,500,000
Turnpike Improvements, Delaware...............................5,000,000
Valleydale Road Widening, Alabama.............................4,000,000
Widening of exit ramp I-265 and I-65, Kentucky..................750,000

                  Bureau of Transportation Statistics

       The conferees provide $31,000,000 for the Bureau of 
     Transportation Statistics under the FHWA appropriation. 
     Consistent with both House and Senate language, the 
     conference agreement limits BTS full time positions to 136. 
     Within the funds provided, the conferees direct $400,000 for 
     BTS to administer section 5402 of title 39, United States 
     Code.

                          Federal-Aid Highways


                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

       The conference agreement provides liquidating cash 
     appropriation of $35,000,000,000 for the federal-aid highways 
     program as proposed by both the House and the Senate.

                          Federal-Aid Highways


                          (highway trust fund)

                               recission

       The conference agreement includes a rescission of 
     $520,277,000 of funds in unobligated contract authority 
     balances from Federal-aid highway program funds.

                          Federal-Aid Highways


                        emerGENCY RELIEF program

                         (INCLUDING RESCISSION)

                          (HIGHWAY TRUST FUND)

       The conferees provide $741,000,000 to fund the backlog of 
     requests for damage repairs necessary due to disasters. The 
     current funding requirements far exceed the annual 
     authorization of $100,000,000 for the emergency relief 
     program, and this amount will fully fund the existing backlog 
     of requests. This section also rescinds $741,000,000 in 
     unobligated contract authority balances from Federal-aid 
     highway funds.

                 Appalachian Development Highway System

       The conference agreement provides $80,000,000 for the 
     Appalachian Development

[[Page H10799]]

     Highway System (ADHS), and shall be allocated as follows: 
     $15,000,000 for Kentucky Corridors; $5,000,000 for Tennessee 
     Corridor S; $5,000,000 for Mississippi Corridor V; 
     $15,000,000 for West Virginia Corridor H; $25,000,000 for 
     Alabama Corridor X and X-1, $7,000,000 for Tennessee Corridor 
     J; $4,000,000 for Alabama Corridor V; and $4,000,000 for New 
     York Corridor T.

           General Provisions--Federal Highway Administration

       The conference agreement includes a provision (Sec. 110) 
     that modifies the distribution of Federal-aid highway 
     obligation limitation proposed by the House and Senate.
       The conference agreement includes a provision (Sec. 111) 
     that allows funds received by the Bureau of Transportation 
     Statistics from the sale of data products to be credited to 
     the Federal-aid Highways account, as proposed by both the 
     House and Senate.
       The conference agreement includes a provision (Sec. 112) 
     that clarifies that BTS is to administer activities under 
     section 5402 of title 39, United States Code.
       The conference agreement includes a provision (Sec. 113) 
     that modifies a House provision amending public laws to allow 
     changes to projects in Massachusetts, New Jersey, Michigan, 
     Utah and California.
       The conference agreement includes a provision (Sec. 114) 
     relating to highway signs, as proposed by the House.
       The conference agreement includes a provision (Sec. 115) 
     that amends section 115, division F, title 1 of P.L. 108-199, 
     as proposed by the House and Senate.
       The conference agreement includes a provision (Sec. 116) 
     that modifies a provision in the House bill and provides 
     $5,000,000 from balances made available under section 
     104(a)(1)(A) of title 23, U.S.C. to carry out environmental 
     streamlining activities.
       The conference agreement includes a provision (Sec. 117) 
     that modifies a Senate provision relating to an 
     administrative take-down, and set-aside funding for Delta 
     Regional Authority and National Highway Traffic Safety 
     activities. The Secretary of Transportation must submit a 
     spend plan regarding Delta Regional Authority funding to both 
     the House and Senate Committees on Appropriations before 
     funds are distributed or obligated. The remaining amounts 
     shall be distributed for the following purposes:

        Project Name                                             Amount
101st Street Corridor Widening.................................$500,000
126th Street, Hamilton County, Town of Fishers, Indiana.......3,000,000
12th Street Viaduct, Missouri...................................500,000
13th East in Sandy City, Utah.................................1,500,000
17 Mile Road on Wind River Indian Reservation, Wyoming........4,500,000
171st Street reconstruction, East Hazel Crest, Illinois.........400,000
26th Street Extension--Philadelphia Naval Business Center, Pen4,000,000
4 Lane U.S. 68, 31W to Transpark Entrance on U.S. 68, Kentucky2,000,000
40th Street Revitalization Project, Florida...................1,250,000
67th Street Pedestrian Underpass, Chicago Lakefront, Illinois...400,000
95th Street/Dan Ryan Intermodal Improvements..................1,000,000
9th Street Bridge, NE over New York Ave.........................500,000
A-B Street NW Corridor Connector, Auburn, Washington..........1,000,000
Access to Ebenezer Swamp Wetlands Interpretative Center, Alabama225,000
Addition of Eggerts Crossing storm drains, New Jersey...........200,000
Adriaen's Landing, Hartford, Connecticut......................9,000,000
Akutan Road, Alaska...........................................1,500,000
Alabama State University, Alabama...............................250,000
Alaskan Way Viaduct and Seawall Replacement, Seattle, Washingt1,000,000
Alle-Kiski Connector Bridge, Pennsylvania.....................2,500,000
Almaden Express Pedestrian Overcrossing, San Jose, California...500,000
Altus Falcon Road Improvements, Oklahoma........................500,000
Altus Falcon Road Improvements, Oklahoma........................750,000
American Parkway Project, Pennsylvania........................1,000,000
Anderson, IN Rail Study, Indiana..............................1,000,000
Angels Flight, Los Angeles, California..........................200,000
Ann-Arbor-Detroit Commuter Rail...............................1,500,000
Aroostook North-South Highway, Maine..........................1,000,000
Arthur Avenue Retail Market, New York.........................1,000,000
Asheville River Way Project, PE and Design, North Carolina......600,000
Asphalt Institute Research, University of Kentucky..............500,000
Atlantic Avenue Design/Right of Way project, New York...........600,000
Atlantic Avenue Extension, New York..........................1,250, 000
Aucilla River Bridge..........................................1,000,000
Avalon Boulevard Expansion Project, Florida...................1,000,000
Avenue T Restoration Project, Winter Haven, Florida.............600,000
Avery Parkway Interchange at Interstate 5, California.........1,000,000
Balch Road, Madison, Alabama..................................1,500,000
Barber Street, Wilsonville, Oregon..............................500,000
Battlefield Parkway expansion, Virginia.......................1,000,000
Beall Avenue Economic Redevelopment Project, Ohio.............1,500,000
Bellevue Access Downtown Project, Washington..................1,500,000
Bellevue Access Downtown, Phase Two, Washington.................500,000
Bellingham San Juan Boulevard, Washington.....................1,000,000
Belmont Ave Gateway Community Enhancement Project...............350,000
Belmont Infrastructure and Streetscape Improvement, North Caro1,250,000
Berkeley Springs Streetscape, West Virginia.....................200,000
Bikeways and Walkways, Santa Fe, New Mexico...................1,000,000
Billings North Bypass Project, Montana........................5,000,000
Blackstone River Bicycle Facility--Segment 4A, Rhode Island.....500,000
Blackstone River Valley National Heritage Corridor Roadway Improvement 
  Program, Rhode Island.......................................3,000,000
Boot Key Bridge Rehabilitation Project, Florida.................500,000
Bouldercrest Road Improvements, Georgia.........................500,000
Braves Avenue, City of Gladstone, Michigan......................370,000
Bridge Replacement on SR-54, Wisconsin..........................500,000
Briggs-DeLaine-Pearson Connector, South Carolina..............2,500,000
Bring Back Broad Street Initiative, Alabama...................1,000,000
Bristol Street Multi-Modal Corridor, California.................750,000
Broadway Bridge, Colorado.....................................1,200,000
Bronx Zoo Access Improvement, New York..........................750,000
Brooklyn Chamber of Commerce's Light-rail study, New York.......300,000
Brooklyn Public Library/Grand Army Plaza, New York..............700,000
Buffalo Bayou--San Jacinto Corridor Improvements................500,000
Building Access Improvements, University of Florida...........1,000,000
Bullock County Industrial Park Access Road, Alabama.............750,000
Byram-Clinton Norrell Corridor, Mississippi...................3,800,000
C-470 and Santa Fe (US 85) Interchange, Colorado..............1,000,000
California University Pennsylvania Urban MAGLEV...............2,500,000
Camp Steet upgrades, East Peoria, Illinois....................2,000,000
Campbell Avenue Gateway Corridor, Tucson, Arizona...............500,000
Campbelltown Connector and US 322 Improvement Project, Pennsyl1,000,000
Canton Junction Commuter Rail Station, Massachusssets.............50,00
Capacity Improvements on I-75 Corridor in SW Florida..........1,000,000
Cape Cod Hyannis Gateway, Massachussets.........................382,000
Cape Girardeau I-55 Corridor, Missouri..........................100,000
Cape Girardeau/Fountain Street downtown revitalization, Missouri500,000
Caraway Overpass Project, Jonesboro, Arkansas.................1,000,000
Central Link Westchester Avenue to East Tremont, New York.......750,000
Central Riverfront Street Grid: Theodore Berry Way, Cincinnati, 500,000
Central Susquehanna Valley Transportation Project, Pennsylvani2,000,000
Cermak and Kenton Avenues, Illinois...........................1,000,000
CETAP Corridor, Riverside and Orange counties, California.....2,000,000
Cherry Avenue Interchange and Bypass, Kearney, Nebraska.........500,000

[[Page H10800]]

Cherry-Bancroft-Summit Corridor Neighborhood Business District 
  Revitalization, Toledo, Ohio..................................250,000
Chesapeake Bypass, Lawrence, Ohio.............................1,250,000
Cheyenne Corridor Safety Improvement Project, Idaho...........2,000,000
Chickasaw Museum and Cultural Center, Mississippi.............1,150,000
Chippewa Falls, WI-Seymour Cray Sr. Blvd Extension............2,000,000
Chocorua Village Intersect Improvement Project, New Hampshire...200,000
Choctaw Roads, Mississippi....................................2,750,000
Choudrant I-20 Service road, Louisiana........................1,000,000
Cicero Ave. Lighting in University Park, Illinois...............200,000
City of Beloit Gateway Boulevard Project, Wisconsin...........1,000,000
City of Brownsville West Rail Relocation Project, Texas.......1,750,000
City of Clearwater Bike Path, Florida...........................500,000
City of Clearwater Safety and Access Program, Florida.........3,000,000
City of Cohoes Transportation Enhancement Program, New York.....500,000
City of Fort Worth Corridor Redevelopment, Texas..............2,000,000
City of Lincoln Antelope Valley Project Transportation Improvements, 
  Nebraska....................................................2,000,000
City of Lincoln South Beltway, Nebraska.......................3,000,000
City of Nanticoke Parking and Economic Development Project, 
  Pennsylvania..................................................500,000
City of Omaha Widening/Improvements to Q Street from 157th Street to 
  204th Street, Nebraska......................................3,000,000
City of Poughkeepsie Waterfront Restoration, New York...........750,000
City of Radcliff Public Walkway Improvements, Kentucky..........475,000
City of Reading, Pennsylvania...................................500,000
City of Riverside, Grade Separations, California..............1,000,000
City of Somerville Urban Streetscape and Adaptive Reuse Plan, 
  Massachusetts...............................................1,000,000
City of St. Petersburg Bike Path, Florida.......................600,000
City of St. Petersburg, Gandy Boulevard Widening, Florida.....4,000,000
City of Sweetwater Transportation Improvements, Florida.........500,000
City of Tampa, 40th Street Revitalization Project, Florida....3,000,000
City of Wyandotte Eureka Street Lighting, Michigan..............238,000
Clarke County Economic Development Initiative, Alabama..........750,000
Classic Drive Access Road Hattiesburg, Mississippi............2,500,000
Clay Street Reconstruction, New Jersey..........................500,000
Clifton Corridor Urban Transit Link Study, Georgia..............500,000
Clinton Township Hike/Bike Pathway, Michigan....................500,000
Coalfields Expressway--McDowell and Wyoming Counties, West Vi12,000,000
Cobblestone Landing Restoration, Memphis, Tennessee...........1,000,000
Cole Street Bridge Replacement, Rhode Island....................300,000
College of Southern Idaho Student Safety Initiative, Idaho......530,000
Coltsville Corridor Development, Connecticut..................3,000,000
Columbia Pike Improvements, Virginia..........................1,250,000
Columbia Point South Road Improvements, Richland, Washington..1,000,000
Connecting Road from the Higher Ed Center to I-64, West Virginia750,000
Connector Road between the newly relocated State Route 1045 and Saint 
  Vincent College, Latrobe, Pennsylvania......................2,000,000
Construct noise walls along I-264 ad I-64 in the vicinity of the 
  communities of Avondale and St. Regis Park....................200,000
Construction of a Rail Corridor in Wichita, Kansas............4,000,000
Construction of access roads at Skiatook Lake, Oklahoma.........350,000
Convention Center Turnaround, Massachusssets..................1,000,000
Cooley Road Interchange, Oregon...............................1,000,000
Council Bluffs East Beltway, Iowa.............................3,500,000
County Highway 81/200th St. Reconstruction, Minnesota...........250,000
County Highway GG from Mellen south to English Lake Road, Wiscon700,000
County Road 17 Corridor, Indiana................................750,000
Courthouse District Transportation Improvements, Oregon.......5,000,000
Covina Station Undercrossing, California........................500,000
Cox Road Bridge in Anderson County, South Carolina..............300,000
CR 113--Big Ridge Road--Town of Ogden, New York...............1,000,000
CR 251 Mill Road, NY Route 261 to North Avenue, New York......2,000,000
CR 486 Improvement Project......................................500,000
Crooks Road Widening and Resurfacing, Michigan..................360,000
Cross Base Highway (Pierce County), Washington................1,500,000
Crystal Lake Mitigation Project, New Hampshire................1,000,000
CSAH 24 Interchange at US 52 in Cannon Falls, Minnesota.........250,000
CSX Bridge Enhancement, Gadsden, Alabama........................500,000
Cuming Street Improvement Project, Nebraska...................1,000,000
Curry County Road Improvements, New Mexico....................2,350,000
Dallas I-30 Replacement Bridge, Texas.........................8,000,000
Dekalb County School Bicycle and Pedestrian Safety, Georgia.....500,000
Des Moines Beach Park and North Marina Entrances Improvements, 
  Washington....................................................230,000
Des Moines East West Connector, Iowa..........................5,000,000
Des Moines Riverwalk, Iowa....................................2,000,000
Des Plaines, Illinois alley, sidewalk improvements, Illinois..1,000,000
Detroit Center City Loop, Michigan............................1,000,000
Diamond Exchange at Perry Road and I-540, Rogers, Arkansas....4,000,000
Dismal Swamp Trail--City of Chesapeake, Virginia..............1,500,000
Dismal Swamp Trail, Virginia....................................250,000
Donald Lane/Industrial Park Road/Elton Road Improvement, Penns2,000,000
Douglas County Highway 92 Relocation and Widening, Georgia....1,000,000
Downtown pedestrian infrastructure, Ashland, Wisconsin........2,000,000
Downtown Revitalization Pleasant Street, Malden, Massachussets2,000,000
Downtown Revitalization, Town of Clarkstown, New York...........250,000
Downtown Springfield Streetscape Improvements, Missouri.........250,000
Downtown Streetscape Project, Russellville, Alabama.............400,000
Downtown Transportation Improvements, Indiana.................1,500,000
Downtown Wilkes-Barre Revitalization Project, Pennsylvania....1,250,000
Draper's Corner Safety Improvements--Claremont, New Hampshire...750,000
Dudley Road (Route 101) Templeton, Massachussets..............2,880,000
Durant US 69/75 Rodeo Road Bridge Improvements, Oklahoma........700,000
Durham and Chatham Counties Greenway Project, North Carolina..1,000,000
Duval Street and Truman Annex Improvements, Florida.............500,000
Eagan Ring Road, Minnesota....................................1,000,000
Eason Bridge, Tupelo, Mississippi.............................1,000,000
East 7th St Corridor Improvements Austin, Texas...............1,250,000
East Flagstaff Interchange, Arizona.............................300,000
East Milton Square Parking Deck, Massachusssets...............1,000,000
East Orange County Trailway System, Florida.....................500,000
East Reed Road Conversion Project in Anderson, SC.............1,000,000
East Washington Avenue Reconstruction, Wisconsin..............1,000,000

[[Page H10801]]

East-West Corridor, Alabama..................................15,000,000
Edgewood Road SW Viaduct, Cedar Rapids, Iowa....................250,000
Edgewood/Fairplains Street construction, Walnut Street Construction and 
  Industrial Park Drive Resurfacing, Greenville, Michigan.....1,000,000
Eleven Mile Road Reconstruction, Michigan.....................1,250,000
Elizabeth Avenue Redevelopment, Charlotte, North Carolina.......500,000
Elliot Avenue and BNSF Crossing Path Improvements, Seattle, Wa1,000,000
Emergency Safety Enhancements for Water Taxis, Maryland.........250,000
Emergency Services Access, Texas..............................4,000,000
Enterprise South Industrial Park Connector Road, New York.....2,500,000
Essex Junction, VT Redevelopment, Vermont.......................500,000
Expansion of the Interstate HWY 10, Crowley, Acadia Parish, Loui600,000
Fairfax County Trail improvements in Great Falls, Virginia....1,000,000
Fairmont Gateway Connector System, West Virginia..............6,000,000
Fayette County Business Park roads, Pennsylvania..............1,000,000
Fegenbush Lane, Kentucky......................................1,000,000
Fiery Gizzard Trail, Tennessee................................2,000,000
Fifth Street Connector Bridge Study, Georgia..................2,000,000
Fire Station Road Bridge in Anderson County, South Carolina.....184,000
Fix Townline Road, Town of Huntington, New York.................300,000
Fix West Shore Road, Town of Huntington, New York.............1,000,000
FLL Airport Terminal Roadways, Florida..........................500,000
FM 1431 East Improvement Project in Cedar Park, Texas.........1,000,000
FM 60 University Drive Project, College Station, Texas........1,000,000
Fort Edward Industrial Park Entrance Design, New York............80,000
Fort Worth Peach Street Area Access Improvements, Texas.......1,750,000
Four Lane Arterial Connector in Alachua County, Florida.......3,000,000
Fox Ridge Road, Cheyenne River Indian Reservation, South Dakot2,500,000
Friant Corridor Improvements, California........................500,000
Fulton Avenue/Lloyd Expressway Project, Evansville, Indiana...4,000,000
Fulton County Highway 6, Illinois.............................1,000,000
Fulton Road Bridge Project, Ohio ,............................2,000,000
Galena road resurfacing, Alaska...............................1,500,000
Garden Parkway in Gaston and Mecklenburg Counties, North Carol1,000,000
Gary Green Link Trail, Indiana................................1,000,000
Georgetown Pass, Kentucky.....................................1,000,000
Girl Scouts Golden Valley Council bridge project, California....150,000
Glacier National Park Going to the Sun Road, Montana..........5,000,000
Gladding Road Overcross, California.............................350,000
Grade Crossing Improvements at Ramona Boulevard, California.....700,000
Grade separation, Union Pacific Rail Bypass at Union Junction, C500,000
Grand Avenue Rehabilitation Project, California...............1,000,000
Grand River Avenue, City of Novi, Michigan......................500,000
Graycliff Public Access Enhancement, Erie County New York.......400,000
Greenville County Bridges, South Carolina.....................1,750,000
Greenways Expansion and Improvements Project, North Carolina..1,500,000
Hagatna River Flood Mitigation Bridge Improvement, Guam.........500,000
I Hancock Shaker Village Buffer and Trail System, Massachussets.215,000
Hanover County Planning Study, Virginia.........................100,000
Harden Street, South Carolina.................................1,000,000
Harlingen/West Cameron County Rail Relocation, Texas..........2,800,000
Harrison County Multi-Modal Freight Connector, Mississippi......250,000
Hartville Lake Township Traffic Congestion Study, Ohio........1,000,000
Haywood Road/ Ammunition Plant Access, Oklahoma...............1,000,000
Healdsburg Pedestrian and Bicycle Path, California............1,250,000
Heartland Expressway, South Dakota............................2,000,000
Henry County transportation enhancements, Alabama...............200,000
Hidalgo County Loop, Texas......................................500,000
High Bridge Rehabilitation Project, New York..................1,000,000
High Line Project, New York City, New York....................1,000,000
Highway 101 Corridor Widening Project, California.............1,000,000
Highway 149 Overpass and Upgrade, Richland, Mississippi.........600,000
Highway 165 Rail Grade Separation Stuttgart, Arkansas.........1,000,000
Highway 20 between Fort Dodge and Moorland, Iowa..............2,000,000
Highway 21, Jefferson County, Missouri..........................500,000
Highway 22 from Vicksburg to Canton, Mississippi..............1,000,000
Highway 25-US 84 Connector, Mississippi State.................1,350,000
Highway 289 in Grayson County, Texas............................750,000
Highway 36/McKnight Road Interchange, Minnesota.................750,000
Highway 45 Bypass, Columbus, Mississippi......................1,000,000
Highway 57, Jackson County, Mississippi.........................750,000
Highway 71: Louisiana State Line--Doddridge, Arkansas...........750,000
Highway 92 Study in Warren County, Iowa.........................500,000
Hillsborough County: I-4 Crosstown Connector, Florida.........2,500,000
Hively Avenue Underpass, City of Elkhart, Indiana...............250,000
Hoboken Waterfront Walkway, New Jersey........................1,000,000
Hoeven Corridor/Outer Drive Project, Sioux City, Iowa.........2,000,000
Holly Springs Road, DeSoto County, Mississippi................1,650,000
Holmdel; road improvements to reduce flooding, New Jersey.......100,000
Homer-Halibut Cove--Jakolof Bay--Seldovia Ferry, Alaska.......6,000,000
Hooksett Highway Reconstruction and Upgrade, New Hampshire....4,000,000
Hoosier Heartland Corridor, Indiana...........................1,000,000
Hoosier Heartland Highway, Miami and Huntington Counties, Indi1,000,000
Hopwood Village Streetscape Project, Pennsylvania...............600,000
Huntsville Five Points Improvement Project, Alabama.............500,000
Huntsville Southern Bypass/BRAC Access, Alabama...............2,000,000
I-10 from Interchange of SR 90 to Ocotillo TI, Arizona........1,500,000
I-12 at Essen Lane, Baton Rouge, Louisiana....................1,500,000
I-15 Reconstruction, Salt Lake County, Utah...................5,000,000
I-15 (Falchion Road)/State Route 18 Interchange, California...3,000,000
I-210 and Highway 14 Interchange, Lake Charles, Louisiana.......800,000
I-225 Alameda Bridge, Colorado................................1,000,000
I-225 Yale Overpass, Colorado...................................750,000
I-225/Colfax/17th Place Interchange, Colorado.................2,000,000
I-235 Reconstruction, Iowa....................................5,000,000
I-25 Reconstruction through Colorado Springs..................1,688,000
I-290 Cap, Oak Park, Illinois.................................1,000,000
I-295 Safety and Bridge Improvements, Rhode Island............5,000,000
I-30 Bridge, Texas............................................1,100,000
I-35 East/I-635 Interchange, Texas............................1,500,000
I-39 (STH 29/USH 51 Corridor, Wausau), Wisconsin..............4,000,000
I-40 Crosstown Project, Oklahoma..............................1,000,000
I-40 Double Eagle II Airport Access, Albuquerque, New Mexico..3,000,000
1-40 Oklahoma City Cross Town Expressway.....................35,000,000

[[Page H10802]]

1-40/I-240 Merge to Choctaw Road in Choctaw, Oklahoma.........1,000,000
I-405 Widening, California....................................1,000,000
I-405 Widening, California......................................500,000
1-44 Widening from Yale to the Arkansas River and 1-44 193rd 
  Interchange, Oklahoma.......................................4,000,000
I-44, Phelps County, Missouri...................................500,000
1-49 Extension South, Louisiana...............................1,000,000
I-5 Transportation and Trade Partnership Project, Southwest Wa2,000,000
I-5, Salem, Oregon............................................2,000,000
I-5, Sorrento Valley Road and Genesee Avenue Interchange, Cali1,500,000
I-5/SR-432 Interchange Modernization, Longview, Washington....2,000,000
I-530 (AR) Extension to I-20 (LA), Arkansas.....................750,000
I-540 and Perry Road Interchange, Rogers, Arkansas............1,696,000
1-55 South Nissan Interchange, Mississippi....................6,000,000
I-565 Extension, westward from I-65 to Decatur, Alabama.......3,000,000
I-64 and Pocahontas Parkway Connector, Virginia...............1,000,000
I-65 Interchange Near County Road 222, Cullman, Alabama.......2,000,000
I-66 Northern Bypass of Somerset, Kentucky....................4,000,000
I-66 Pike County, Kentucky....................................1,000,000
I-66 Somerset to London, Kentucky.............................2,000,000
I-675 Corridor Improvements, Ohio.............................2,000,000
I-69 Access Project, Hamilton County, IN......................2,000,000
I-69 Evansville to Henderson, Indiana...........................500,000
I-69 Evansville to Indianapolis, Southwestern, Indiana..........750,000
1-69, Louisiana Sections......................................5,000,000
I-69, Texas...................................................7,000,000
I-69, Texas...................................................1,000,000
I-69/SR 304, Mississippi......................................1,750,000
I-70/State Highway 58 Interchange Reconstruction, Colorado......250,000
I-710 Corridor/Gerald Desmond Bridge Gateway Program, Californ1,250,000
I-73 Interstate, from the North Carolina state line to Myrtle Beach, 
  South Carolina..............................................1,000,000
I-73, South Carolina..........................................3,000,000
I-75/ Austin Road Interchange, Ohio...........................1,000,000
I-75 at Austin Pike Interchange, Ohio.........................3,000,000
I-75 at Union Grove Rd/CR 65 in Gordon County, Georgia........1,000,000
I-75 Improvements in Pembroke Pines, Florida..................3,000,000
I-75 London, Kentucky.........................................1,000,000
1-75, Mt. Zion Road Interchange in Clayton County, Georgia....1,000,000
I-75/Austin Road Interchange, Ohio............................1,000,000
I-75/Baldwin Road, Michigan.....................................500,000
I-80 Colfax Narrows Project, Nevada...........................1,000,000
I-81 Improvements South of I-70 to North of Halfway Boulevard,1,000,000
I-81 Rebuild/Expansion, Pennsylvania..........................5,000,000
I-84, US-93 IC Stage 2, Twin Falls, Idaho.....................1,000,000
I-84, US-93 IC Stage 2, Twin Falls, Idaho.....................1,000,000
1-85 Widening in Rowan County, North Carolina.................2,000,000
I-85/Brockman-McClimon Interchange and connections, South Caro3,000,000
I-87, Exit 11 and 12 Interchange Improvements, New York.......2,000,000
I-93 construction and mitigation, New Hampshire.................750,000
I-95 Pearl Harbor Mem. Bridge Corridor, New Haven, Connecticut2,000,000
I-95/SC-327 Interchange Improvements, South Carolina..........1,500,000
I-95/West Virginia Drive Interchange............................750,000
I-96/Latson Road, Michigan....................................1,000,000
IH-30 at Collins (FM 157) and Center Streets, Texas.............500,000
Improve Montauk Highway from NY112 to CR101, New York.........1,000,000
Improvements along U.S. 60 at Beargrass Creek, Kentucky.........300,000
Indianapolis Downtown Transportation Improvements, Indiana....4,000,000
Industrial Access Road for Industrial Park, Oklahoma............200,000
Interchange and Freeway Improvements on US 65, Missouri.........500,000
Interchange at I-65 and Limestone County Road, Alabama........1,000,000
Interchange Improvements on US 60, Missouri...................3,000,000
Interchange/Overpass at K-10 and Lone Elm Road, Kansas........2,000,000
Intercounty Connector, Maryland.................................800,000
Intersection Reconstruction, Winter Park, Florida...............500,000
Interstate 10/Tippecanoe Interchange, California..............5,000,000
Interstate 35 East Expansion, Texas...........................1,000,000
Interstate 49 North, Louisiana................................1,000,000
Interstate 5 Interchange at Coburg Environmental Study, Preliminary 
  Engineering and Construction, Oregon........................3,000,000
Interstate 5 State Route 78 Interchange Improvement.............500,000
Interstate 69--State of Tennessee.............................4,000,000
Interstate 69: SIU 15, Louisiana..............................1,000,000
Jamestown 2007--fed lands, Virginia...........................3,000,000
Jefferson Road in Monroe County, New York.......................500,000
Jenny Lind Road, Fort Smith, Arkansas.........................2,000,000
Johnson Ferry Road/Abernathy greenspace, Georgia..............1,000,000
Johnson, VT/VT Route 15 Redevelopment, Vermont................2,000,000
K Street off-ramp, Tulare, California.........................1,000,000
K-68 Intersection Improvement Project, Kansas...................400,000
Kansas-Garrett Connector, Louisiana.............................500,000
Kapolei City Congestion Mitigation, Hawaii....................4,000,000
Kauai Multi-Modal Land Transportation System Study, Hawai.......800,000
KBS Railroad Hazard Elimination, Kankakee County, Illinois......300,000
Kearney I-80/Cherry Avenue Interchange and East Bypass, Nebras1,120,000
Kenai Peninsula Borough roads, Alaska...........................500,000
Kendall Square Urban Streetscape & Pedestrian Improvements, 
  Massachusetts.................................................750,000
Keystone Drive (Soldotna), Alaska...............................500,000
King Coal Highway--Mingo County, West Virginia...............15,000,000
King Street and Spring Cannon Corridor Redevelopment in Charle1,000,000
King-Graves Road Improvements for YARS, Vienna, Ohio..........1,000,000
Kirby Drive Project, City of Pearland, Texas..................2,800,000
Kotzebue road improvements, Alaska............................1,500,000
LA 28 Expansion, Rapides and Vernon Parishes, Louisiana.......2,000,000
La Entrada al Pacifico Feasibility Study, Texas.................500,000
La Entrada al Pacifico, Texas.................................2,000,000
La Entrada Southern Route Study, Texas..........................500,000
LA-1, Port Fourchon to Golden Meadow, Louisiana...............5,000,000
Lahaina Town Drainage Improvements, Hawaii....................4,000,000
Land acquisition for pedestrian trail over George Washington Memorial 
  Bridge......................................................1,000,000
LaPorte Highway Improvement Project, Indiana....................250,000
Lee Highway Improvements, Fairfax City, Virginia................500,000
Lewis & Clark Expressway, Missouri..............................500,000
Lewis and Clark Expressway, Missouri..........................1,000,000
Lewis and Clark Legacy Trail, North Dakota....................1,000,000
Lexington Connector Study, South Carolina.......................600,000
Lincoln Boulevard Improvement Project, California...............600,000
Lincoln Bypass................................................1,000,000
Lincoln Park Street Improvements, Michigan....................1,000,000
Little Eagle and Wakpala Streets on Standing Rock Indian Reservation, 
  South Dakota................................................1,000,000
Livernois Road Widening and Improvement, Michigan.............1,000,000
Lloyd Expressway Upgrade, Evansville, Indiana.................2,000,000
Lone Elm/I-35 Interchange; Lone Elm Road, Kansas..............4,750,000

[[Page H10803]]

Los Lunas Corridor/Location Study, New Mexico...................500,000
Louisville Medical Canter Development Corporation Project, Kentu500,000
Louisville Waterfront Park Path Improvements, Kentucky........3,500,000
Lowell, Massachusetts Canalway, Massachusetts...................500,000
Lycoming Valley Bridge, Pennsylvania..........................1,000,000
Lyndale Avenue Bridge, Richfield, Minnesota...................2,500,000
MacArthur Boulevard Extension, Springfield, Illinois............500,000
MacArthur Boulevard widening, drainage, and resurfacing improvements 
  from NW 50th to NW 60th, Warr Acres, OK.....................1,000,000
Mack Hatcher Parkway, West, Tennessee.........................1,000,000
Main Street Corridor Intermodal Facility, Texas.................500,000
Main Street Corridor Revitalization, Texas......................750,000
Maple Avenue Improvement Project, Vienna, VA....................250,000
Maple Road, City of Walled Lake, Michigan.......................500,000
Maritime Domain Awareness Pilot Project, Washington...........1,100,000
Maritime Fire and Safety Association, Columbia River, Washington500,000
Marquette Interchange, Milwaukee, Wisconsin...................5,000,000
Maspeth Chamber of Commerce's Truck Traffic Impact, New York....250,000
Matanuska Susitna Borough Pt. McKenzie road improvements, Alas6,000,000
McCaslin/U.S. 36 Interchange, Colorado..........................500,000
McClellan Road Bridge in Anderson County, South Carolina........248,000
McGregor Road Neighborhood Trails, Waco, Texas................2,000,000
McHenry County/Crystal Lake Road, Illinois....................1,000,000
MD 404, Double Hills Road to Sennett Road, Maryland...........2,000,000
MD 404, Maryland..............................................1,000,000
Memorial Boulevard, Picayune, Mississippi.....................1,350,000
Memorial Bridge Plaza, North Dakota...........................1,000,000
Memorial Park II Development and Intersection Improvements, 
  Massachusetts.................................................500,000
Mesa del Sol, New Mexico......................................1,250,000
Midwest City Hudiburg Drive Improvements, Oklahoma..............500,000
Mills Industrial Park, Ohio...................................4,000,000
Milwaukee Avenue, Grand to Gale, Chicago, Illinois............1,250,000
MLK Jr. Parkway, Des Moines, Iowa.............................2,000,000
Mohawk Trail East Corridor Management Plan, Massachusetts.......125,000
Mohawk Trail Scenic Byway Historic Preservation, Massachusetts..140,000
Mon Wharf Landing reconstruction, Pennsylvania..................500,000
Montana/Davis Road, Kansas......................................500,000
Monterey Bay Sanctuary Scenic Trail, California.................400,000
Monticello/White County 6th Street West Shafer Drive, Indiana.1,000,000
Morrison Road Corridor, Delaware County, Indiana................500,000
Morton Business Development Park..............................1,200,000
Mount Lebanon Shaker Heritage Center Project, New York..........600,000
MS 49-MS 7 Connector Road, Greenwood, Mississippi.............1,500,000
MSU Research, Technology, and Economic Development Park, Missi2,500,000
Mt. Sinai Queens, Patient Access Development Project, New York..750,000
Mt. Vernon Highway/Old Mill Road reconstruction, Virginia.....1,000,000
Mt. Washington Road, Cedar Creek Road, and Beulah, Kentucky...1,000,000
Muhlneberg Township Route 222 Corridore Initiative, Pennsylvania350,000
Multi Use Recreational Trail in Plantation, Florida.............500,000
N. Indiana Commuter Transportation District, South Shore Commu1,500,000
N. Memphis Street District Redevelopment and Revitalization, 
  Mississippi...................................................750,000
N.W. Lincoln County Regional P.D.A. Industrial Park Transportation 
  Improvements, Washington......................................170,000
N5063 on the Navajo Nation, Utah................................350,000
Nash Road Extension, Missouri.................................1,000,000
Nassau County, NY HUB.........................................1,500,000
Native American Cultural Center...............................3,000,000
Neuse River Park Greenway Projects, North Carolina..............400,000
New Bedford rail infrastructure improvements, New Bedford, 
  Massachusetts...............................................1,000,000
Newberg Dundee Transportation Improvements Project, Oregon....1,000,000
Newberg-Dundee Transportation Improvement Project, Oregon.....1,250,000
Newtown Pike Extension, Kentucky..............................2,000,000
Niobrara Scenic River Corridor Roads, Nebraska................3,000,000
Noble Creek Bridge, Beaumont, California......................3,000,000
Nome Roads, Alaska............................................1,000,000
Nonconnah,Tennessee.............................................500,000
Norfolk West, Nebraska........................................2,000,000
North Augusta Riverfront Road Extensions, South Carolina......1,000,000
North B Street Intersection in Pickens County, South Carolina...250,000
North Coast Harbor Improvements Dock and Bridge, Ohio...........500,000
North Conway Village Streetscape Project, New Hampshire.......1,000,000
North Delaware River Road, Pennsylvania.......................1,250,000
North Main Street Improvement, Columbia, South Carolina.......1,500,000
North Second Street Corridor Phase I Upgrade, Tennessee.......3,000,000
North Sinatra Drive, New Jersey.................................700,000
North Sinatra Drive, New Jersey...............................1,500,000
Northeast 23rd Street between Lincoln and I-35, Oklahoma City, O250,000
Northeast Arkansas Connector: relocation of HWY 226...........5,000,000
Northeast Parkway, El Paso, Texas.............................1,000,000
Northern Corridor, St. George, Utah...........................1,000,000
Northside Drive Corridor, Clinton, Mississippi................2,000,000
North-South Highway, Alabama..................................1,000,000
Notasulga Bridge Replacement, Macon, Alabama....................350,000
Noxubee National Wildlife Refuge, Mississippi.................1,300,000
Oak Beach Park Transportation Improvements, New York............500,000
Oak Savannah Trail, Indiana...................................1,500,000
Oglala, SD, Pedestrian/Bicycle Trail............................230,000
Ohio River Levee Trail--Phase II-B, Kentucky.....................60,000
Ohio River Levee Trail--Phase III, Kentucky.....................200,000
Oklahoma Medical Research Foundation..........................1,000,000
Oklahoma University Health Sciences Center....................1,000,000
Olana State Historic Site, New York...........................2,000,000
Old Fannin Road Improvement Project, Completion of phase II.....500,000
Old Highway 471 Improvements, Rankin County, Mississippi......2,750,000
Olmstead Trail, Phase I, Kentucky...............................200,000
Onondaga Creek Streetscape Improvement Project, New York......2,000,000
Orangeburg Railroad Realignment, South Carolina.................750,000
Otay Mesa/SR 905 Improvements, California.....................2,000,000
Owensboro Riverfront Development Project, Kentucky............5,000,000
Oxford, Mississippi Toby Tubby Parkway..........................350,000
PA 706 Bradford County, Pennsylvania..........................1,000,000
Pacoima Wash Mountain Bikeway, California.....................1,000,000
Pearl-Richland Intermodal Connector, Mississippi..............2,750,000
Pennsylvania Turnpike--I-95 Interchange, Pennsylvania.........2,500,000
Phalen Boulevard, St. Paul, Minnesota.........................5,000,000
Pharr International Bridge Improvements, Texas................1,000,000
Pinellas County Mobility Initiative, Florida..................3,000,000
Pinellas County Trail, Florida................................5,000,000
Pinkham Notch Pedestrian Safety, New Hampshire..................150,000

[[Page H10804]]

Pinkham's Notch Foot Bridge, New Hampshire......................150,000
Planning, location, environmental work, PE for US Highway 20 Woodbury, 
  Ida and Sac, Iowa...........................................2,000,000
Platte County, Missouri Route 152, Missouri...................2,000,000
Plough Boulevard Interchange at Winchester Boulevard, Tennessee.500,000
Pompton Lakes Downtown Streetscape..............................650,000
Port Huron Grade Separation, Michigan...........................500,000
Port of Brookings Harbor, Boardwalk Expansion, Oregon...........225,000
Port of Oakland, California Inter-Regional Intermodal System..1,000,000
Port of Ridgefield Grade Crossing Project, Washington.........1,000,000
Port of Vancouver Fruit Valley Bypass/26th Avenue Extension, W1,000,000
Portage County/grade separation on City Highway J South of Hig2,000,000
Ports-to-Plains Del Rio, Texas................................1,000,000
Ports-to-Plains Eagle Pass, Texas.............................2,000,000
Ports-to-Plains, Texas........................................2,000,000
Prattville Park and Creek Walk, Alabama.........................300,000
Project Design for Improvements to Refugio Road, California.....360,000
Prospect Bridge, Houma, Louisiana...............................500,000
Providence Infrastructure and Streetscape Improvements, Rhode Is426,000
Pyramid Highway Corridor, Nevada..............................6,000,000
Queens Plaza Rebuilding Project, Queens, New York.............1,000,000
Quinnipiac River Linear Trail, Connecticut......................500,000
R Street Development Project, California......................1,500,000
Rail Access Corridor Enhancements--Reno, Nevada...............1,000,000
Railroad bridge project, Mannford, Oklahoma.....................750,000
Railroad Relocation Project, Colorado.........................2,000,000
Rails to Trails and Florida Street Revitalization Program, West 
  Virginia......................................................800,000
Re-align Day Street, Wisconsin..................................350,000
Rebuilding of I-25/Broadway and Alameda Interchanges, Colorado3,300,000
Reconstruct West Main Street in Waterbury, Connecticut..........250,000
Reconstruction and additional lanes to SH 9 from Tecumseh to Seminole, 
  OK..........................................................1,000,000
Reconstruction and Capacity Addition to US 270 from Seminole to Wewoka, 
  Oklahoma......................................................750,000
Reconstruction of 11th Avenue East, Ashland, Wisconsin........1,600,000
Reconstruction of Beaser Avenue, Ashland, Wisconsin...........1,500,000
Reconstruction of Fulton Street in Cypress Hills, New York....1,000,000
Reconstruction of K-99 in Elk/Greenwood County, Kansas........1,000,000
Reconstruction of Kickapoo Road in Shawnee, OK from I-40 to Wolverine 
  Road..........................................................750,000
Reconstruction of Kickapoo Road in Shawnee, OK from McArthur Road South 
  to Farrell Street in Shawnee................................1,000,000
Reconstruction of Old Nichols Road, Smithtown, New York.......1,000,000
Reconstruction of the I-80 and Sierra College Boulevard, Calif1,500,000
Reconstruction/widening of West Main St. Waterbury, Connecticut.500,000
Reconstruct Washington Street and Park Street and their pedestrian 
  pathways and replace subsurface infrastructure, Tecumseh, OK..200,000
Recontruction and lane extension of the 10th Street bridge over 
  Interstate 40 in Yukon, OK....................................250,000
Regatta Park: Harlem River Access, Bronx County, New York.......700,000
Rehabilitation and Reconstruction of AA, Wisconsin..............340,000
Replacement of the Indian Meridian Bridge over Choctaw Creek in 
  Choctaw, OK...................................................100,000
Right-of-Way Purchase for Highway 289 between Highway 56 and FM 750,000
Rio Salado Parkway, Arizona...................................2,500,000
Rivanna Greenbelt Extension, Virginia............................30,000
River Des Peres Greenway, Missouri..............................500,000
Riverside Avenue Extension, Spokane, Washington...............3,000,000
Riverside Road Expansion to Highway 169, St. Josephs, Missouri9,600,000
Riverwalk Bridge Spit Connection, Town of Jupiter, Florida......500,000
Roanoke River Greenway, Virginia................................500,000
Roaring Springs Retaining Wall, Pennsylvania....................200,000
Rolling Mill Hill Greenway Extension, Tennessee...............1,500,000
Ronald Reagan Parkway, Indiana..................................850,000
Rose Crossing Enhancement in Roane County, TN.................1,000,000
Route 8, Venango County, Pennsylvania.........................1,000,000
Route 10--Logan County, West Virginia........................15,000,000
Route 104/Dominion Boulevard, Chesapeake, Virginia............1,000,000
Route 106 Underpass Rehabilitation, Massachussets.............2,000,000
Route 112 Corridor Management Plan..............................175,000
Route 12 Upgrade, New York....................................7,000,000
Route 132 Connection Project Study Report, California...........400,000
Route 15 Safety Improvements, Virginia........................1,000,000
Route 152 Safety Improvements, Santa Clara County, California.1,000,000
Route 168, Southwick, Massachussets.............................960,000
Route 178 Relocation, Phase II Engineering, Illinois..........1,000,000
Route 22 Sustainable Corridor, Somerset County, New Jersey....3,000,000
Route 24/Route 27 Reconfiguration Brockton, Massachusssets....1,000,000
Route 262--Warren Ave-1880 Grade Separation Phase 1B, Californ1,250,000
Route 45 in Cumberland County, Virginia.......................1,000,000
Route 5, West Springfield, Massachussets......................4,800,000
Route 50 traffic calming Loudoun and Fauquier, Virginia.......3,000,000
Route 7 Widening, Reston Parkway to Dulles Toll Road, Virginia1,000,000
Route 79 Relocation/Harbor Enhancement Fall River, Massachusse1,500,000
Route 8 Improvements, State Project 36-17, Connecticut........1,500,000
Route 9 improvements, Virginia................................1,000,000
Rt. 60, Howell County, Missouri...............................3,000,000
Rutherford Avenue, Boston, Massachusetts......................1,500,000
S-236 Claggett Hill Road Construction/Lewis & Clark Ferry Boat 
  Facilities, Montana.........................................2,200,000
Saddle Road Realignment, Hawaii...............................5,000,000
Safe Sidewalk Route Project, Oregon.............................500,000
Salem City Rail Yard Re-Investment, New Jersey..................500,000
Salishan Revitalization Project, Tacoma, Washington...........1,800,000
San Juan County Bridge #5722 Redecking, New Mexico............1,000,000
SCAG, California..............................................1,000,000
Seaview Avenue Corridor, Connecticut............................500,000
Second Avenue Subway, New York................................2,500,000
Second Street Extension, Los Angeles, California................200,000
Second Street Transit Pedestrian Corridor, Ft. Lauderdale, FL.1,500,000
Seward highway recreational improvements, Alaska..............2,000,000
SH412P Construction, Oklahoma...................................400,000
Sheldon Road SR 99 Interchange Project, California............1,000,000
Sheridan Road improvements, Evanston, Illinois..................500,000
Ship Creek Improvements, Alaska...............................2,000,000
Shoreline Interurban Trail, Washington..........................500,000
Short Haul Intermodal Pilot Project, Quincy, Washington.......1,000,000
Sidewalks near Ford Heights, Illinois...........................200,000
Skagit Valley Hospital Access Improvements, Washington........1,000,000

[[Page H10805]]

Skagit Valley Hospital Transportation Access, Mount Vernon, Wa1,000,000
Smithfield Street Bridge ramp, Pennsylvania...................1,000,000
Somerset Downtown Revitalization Project, Kentucky............1,000,000
South Lake Union Circulation System, Seattle, Washington......1,000,000
South Valley Connector Project, Idaho.........................3,000,000
Southcenter Parkway Extension, Tukwila, Washington............1,000,000
Southern Broadway Extension Improvements, Edmond and Oklahoma City, 
  Oklahoma....................................................2,000,000
Southern Kentucky Intermodal Park, Kentucky...................1,000,000
Spaulding Turnpike/Little Bay Bridges, New Hampshire..........5,500,000
Spring Street Industrial Access Road, Fulton, Mississippi.....2,000,000
SR 167 HOV and SW 27th Strander Boulevard, Washington...........750,000
SR 23 Extension, Florida......................................1,000,000
SR 543/I-5 to International Boundary, Washington................634,000
SR 601-Canal Road Connector in Gulfport, Mississippi..........2,000,000
SR 67 and SR 605 from I-110 to US 49, Mississippi.............2,000,000
SR 67 and SR 605 paving and interchange, Mississippi..........1,250,000
SR-14 Pedestrian Bridge, Vancouver, Washington................1,500,000
SR-14, Wastewater Collector Main Truckline Project, White Salmon, 
  Washington....................................................750,000
SR-240 Sound Wall & Irrigation Main Relocation, Richland, Wash1,000,000
SR240 Sound Wall, Richland, Washington........................1,000,000
SR-509/SR-518 Interchange/Intersection Redevelopment, Burien, 1,500,000
SR-56/I-5 Northbound Widening, San Diego, California..........3,000,000
St. Joseph Regional Port Authority, Missouri..................1,000,000
St. Mary's College of Maryland Pedestrian Overpass, Maryland..1,000,000
Stafford County Airport Improvement, Virginia...................500,000
State Highway 11 Burlington, Wisconsin..........................900,000
State Highway 176, New Mexico.................................1,500,000
State Highway 32 7th Ave-Sheridan Road, Kenosha, Wisconsin......800,000
State Hwy 6 expansion in Brazos Co., Texas....................2,000,000
State Road 746/Southeast Rome Bypass, Georgia.................1,000,000
State Road 92 Realignment, Georgia............................2,000,000
State Route 101 Cumberland County, Tennessee..................1,000,000
State Route 30/981 Upgrade Project, Pennsylvania................500,000
State Route 67, Mapleview to Dye Road SR52 E, California........500,000
State Route 71/Mission Boulevard Congestion Reduction, Califor1,250,000
State Route 76, California....................................1,000,000
State Route 905, California...................................1,000,000
State Street Corridor Redevelopment Project, Massachussets....1,000,000
State University Transportation Center, South Carolina........3,000,000
STH 32, 7th Avenue, Sheridan Rd., Kenosha, Wisconsin..........3,000,000
STH 77, West County Line-CTH I, Washburn County, Wisconsin....2,000,000
STH29 (CTH Y Interchange, Hatley), Wisconsin..................2,000,000
Street improvements and streetlights, Lynwood, Illinois.........150,000
Street Improvements, Bartonville, Illinois......................500,000
Street Improvements, Gardena, California........................500,000
Street Improvements, Village of Armington, Illinois.............500,000
Street Repaving in Williston Park, New York...................1,000,000
Street Route 17 Congestion Engineering and Improvement, New Je2,000,000
Street Surfacing in Town of Boley, Oklahoma.....................200,000
Streetlights and salt dome for Markham, Illinois................300,000
Streetscape and sidewalk improvements, Midfield, Alabama........300,000
Streetscape Improvements in Cherryland/Ashland, California....1,250,000
Tacoma Rail Train to the Mountain Project, Washington.........2,500,000
Talladega County Scenic Forrest Road 600-2, Alabama.............500,000
Tamarac Courtyard, Florida......................................300,000
Tarpon Springs Community Redevelopment, Florida.................500,000
Tenth Street Menominee, Michigan................................500,000
Terminal Access Road Right-of-Way Acquisition, Missouri.......1,000,000
TH10, City of Anoka, Minnesota..................................500,000
TH23 bypass of Paynesville, Minnesota.........................3,000,000
The Hamilton Avenue/US 127 At I-275 Improvement, Ohio...........500,000
The Maine Medical Center......................................1,000,000
Third Bridge, Salem, Oregon.....................................750,000
Thomas Cole National Historic Site, New York.....................50,000
Thompson Road Widening, Pike County, Kentucky.................1,000,000
Tienken Road Widening, Michigan...............................1,200,000
Tier One Environmental Impact Study--North Country Transportation 
  Study, New York.............................................1,000,000
Tillamook Railroad Tunnel #25, Oregon...........................500,000
Tiverton Stone Bridge Abutment Repairs, Rhode Island............375,000
Toledo Downtown Waterfront Redevelopment, Ohio................1,250,000
Town of Tribbey Road Improvements, Oklahoma.....................200,000
Town of Windermere, traffic calming, Florida....................250,000
Traffic Calming in the City of Riviera Beach, Florida...........500,000
Trailways Station Revitalization and Visitors Center, Georgia.1,000,000
Train-to-Mountain, WA.........................................1,250,000
Transport 2020, Madison, WI.....................................500,000
Transportation Project at the University of Arizona Science Center at 
  Rio Nuevo, Arizona............................................500,000
Transportation Technology Center, Auburn University, Alabama.35,000,000
Trenton Channel Bridge, Michigan..............................1,200,000
Trinity River Vision Neighborhood Linkage, Texas................500,000
Trotwood Center City Roundabout, Ohio.........................1,000,000
Trunk Highway 241, St. Michael, Minnesota.....................2,000,000
Trunk Highway 610/10, Minnesota...............................1,000,000
Trunk Highway 610/10, Minnesota...............................2,000,000
Turquoise Trail Project (BIA 4), Arizona......................1,000,000
Tuscaloosa Downtown Revitalization, Alabama..................10,000,000
Twin Peaks Road Corridor, Arizona.............................4,500,000
US 19 Right Turn Lanes in Pasco County, Florida...............1,000,000
US 41/I-176 Interchange Improvement Phase 1 study, Illinois.....800,000
US 412 Mountain Home to Hwy. 101, Arkansas....................2,000,000
US 412 Paragould to Big Slough Ditch, Arkansas................1,000,000
US 63 in Waterloo improvement, Iowa...........................2,500,000
US Highway 52/CSAH 42 Interchange, Minnesota....................250,000
US Highway 101 Improvement Program, California..................800,000
US Highway 12 Upgrade, Burbank to Walla Walla, Washington.....1,000,000
US Highway 14 Corridor Expansion, Minnesota.....................500,000
US Highway 287, Wyoming.........................................750,000
US Highway 287, Wyoming.......................................4,000,000
US Highway 41A Hopkins County, Kentucky.......................1,000,000
US Highway 52 in Olmsted County, Minnesota......................500,000
US Highway 54 Expressway Design Study, Missouri.................400,000
US Highway 6 improvements Coralville, Iowa....................1,000,000
US Highway 63 Bypass near Kirksville, Missouri..................500,000
US Highway 87 Improvements--Value Added Commodity Processing Center, 
  Montana.......................................................500,000
US Hwy 85 safety passing lanes, Wyoming.........................250,000
US Hwy 151 Dickeyville, Belmont, Wisconsin....................2,000,000
US Route 13 Corridor Redevelopment, Pennsylvania................500,000
US Route 35 Improvements, Mason County, West Virginia.........3,000,000

[[Page H10806]]

UCONN Hillside Road Extension, Connecticut....................4,000,000
Union Passenger Terminal Planning and Master Plan, New Orleans Regional 
  Planning Commission, LA.......................................500,000
University of Kentucky Academy for Community Transportation In1,000,000
University of Southern Indiana Perimeter Road Project.........1,500,000
UP/Sunset Avenue Grade Separation, Banning, California..........500,000
Upgrade MO Rte 94--Page Ave Extension/Phase II, Missouri......1,000,000
Urban Center Access Improvement Project, Tukwila, Washington..1,000,000
US 113 Upgrade, Maryland......................................2,000,000
US 113, Maryland..............................................1,500,000
US 17 & Bowman Road Interchange, Mount Pleasant, South Carolina.750,000
US 17-92/Horatio Ave, Maitland, Florida.........................800,000
US 18 from west of Okreek to Carter in Todd County............1,500,000
US 18 from West of Okreek to Carter in Todd County, South Dako2,000,000
US 20 Expressway, Webster County, Iowa..........................250,000
US 224--Mahoning County/Canfield Improvements, Ohio...........1,700,000
US 231/I-10 Freeway Connector, Alabama.......................10,000,000
US 278 Corridor, South Carolina...............................1,000,000
US 278, South Carolina........................................1,000,000
US 287 Ennis Bypass, Texas....................................1,000,000
US 287-SH 116, Colorado.........................................500,000
US 290 Improvements, Texas....................................1,000,000
US 301 and University Parkway Intersection, Manatee City, Florid500,000
US 321 in Burke, Caldwell and Catawba Counties, North Carolina1,000,000
US 321/US 11 Overpass project, Tennessee......................1,000,000
US 49 from Florence to I-20, Mississippi......................1,000,000
US 51-SR 43 Connector Road in Canton, Mississippi.............1,500,000
US 54, Kingman County, Kansas.................................2,000,000
US 59 2.3 mi NE of US 181 to US 181, Texas......................500,000
US 74 Bypass Monroe, North Carolina...........................1,000,000
US 74 Future I-74 in Robeson County, North Carolina...........2,000,000
US 82 from FM 1417 to US 69, Texas..............................750,000
US 82--Mississippi River Bridge and Bypass....................2,500,000
US 87 Big Spring Bypass, Texas..................................500,000
US 97 Redmond, Oregon bypass, Oregon..........................1,000,000
US-12 Widening, Wallula Junction to Walla Walla, Washington..1,250, 000
US-231/I-10 Freeway Connector, Alabama........................1,000,000
US27, Indiana...................................................500,000
US-278 expansion, downtown Cullman to East Point, Alabama.......500,000
US-6, MP 256 Junction of US-6 and SR-123, Emery County, Utah..3,000,000
US-81 & Highway 30 Arterial, Columbus, Nebraska...............1,000,000
US-89, Railroad Bridge Replacement, Pleasant Grove, Utah......2,000,000
US90 Construction, Texas......................................1,000,000
US-95 from Worley to Mica, Idaho..............................3,000,000
USH 53 (Eau Claire Bypass), Wisconsin.........................2,000,000
USH2 West County Line Beaser Avenue, Ashland County, Wisconsin2,000,000
UW-Superior Invasive Species Ballast Water Research.............500,000
Van Ness Avenue Project, California...........................1,000,000
Vasco Road Safety Improvments, California.......................500,000
Ventura County Farm Crossings, California.......................500,000
Vermont Police and Fire Academy Training Skid Pad...............500,000
Vestavia Hills Pedestrian Walkway, Alabama......................200,000
Veterans Field pedestrian walkway/bike path, New Jersey.........625,000
Veterans Park Infrastructure, Rockdale County, Georgia........1,000,000
Victory Extension Project, CSAH 82, Mankato, Minnesota..........500,000
Village of Mineola Road Evaluation, New York.....................20,000
Village of Schuylerville, New York............................1,500,000
Wachusett Park and Ride, Massachusetts..........................750,000
Wake Forest Department of Health Sciences and PTRP Research Program, 
  North Carolina..............................................2,500,000
Wakulla County: US 319 Improvements, Florida..................3,000,000
Walden Point road (Metlakatla), Alaska........................2,000,000
Waldron Road Widening Near I-24, Tennessee......................500,000
Waldvogel Memorial Viaduct Improvement, Ohio..................1,000,000
Walton Street Bridge, New York..................................800,000
Washington County Hardesty Road Bridge, Kentucky................525,000
Washington State Produce Rail Car Program, Washington.........1,000,000
Water Street Bridge, Fitchburg, Massachussets...................728,000
Waukee/West Des Moines I-80 Interchange, Iowa.................1,500,000
Waverly, Ohio South Connector, Ohio...........................1,000,000
West Fork Road--Red Lodge, Montana..............................400,000
West Harlem Transportation and Revitalization Improvements, 
  Manhattanville, NY............................................300,000
West Laredo Trade Corridor, Texas.............................3,000,000
West Philadelphia Streetscape/Gateway Improvements, Pennsylvan1,500,000
Western Madison County Streetscape Development, Alabama.......1,000,000
Western Placerville Interchanges, California..................1,000,000
Western Route Project, Indiana..................................500,000
Westside Connector Project, Utah..............................1,000,000
WestStart Vehicular Flywheel Project, Washington................500,000
Whitefish Pedestrian and Bicycle Trails, Montana................191,000
Widen I-66 westbound inside the Capital Beltway, Virginia.....1,000,000
Widening of SR 50 from US 27 to Orange County Line............1,000,000
Widening of Van Dyke Avenue, Michigan.........................1,000,000
Wilcox County Industrial Development Authority, Alabama.........300,000
Wilmington-Newark Commuter Rail Improvements, Delaware........5,000,000
Winfield Pedestrian Tunnel, Illinois..........................1,000,000
Yakima Grade Separations, Washington............................500,000
Yannuzi Drive/Bradford Street, Bradford County, Pennsylvania....100,000
Ygnacio Valley Road Pedestrian/Bike Improvements, California....800,000

       Cook-DuPage, Multi-Modal Corridor.--The conferees 
     understand that the Illinois Department of Transportation is 
     considering reconstruction or expansion of the Eisenhower 
     Expressway (I-290) that passes through Oak Park, Illinois. 
     The conferees have provided $1,000,000 for further study of a 
     cap over all or portions of 1-290 as it passes through Oak 
     Park. If such a cap is determined to be feasible, the 
     conferees intend for the cap to be funded concurrently with 
     any project to reconstruct or expand I-290 through Oak Park.
       The conference agreement includes a provision (Sec. 118) 
     that rescinds transportation infrastructure finance and 
     innovation act funds.
       The conference agreement includes a provision (Sec. 119) 
     that makes the Port of Anchorage eligible for certain highway 
     programs, as proposed by the Senate.
       The conference agreement includes a provision (Sec. 120) 
     that relates to RETRAC project contingency fund for payment 
     of projects.
       The conference agreement includes a provision (Sec. 121) 
     that names the Hoover Dam Bypass Bridge, as proposed by the 
     Senate.
       The conference agreement includes a new provision (Sec. 
     122) allowing Nevada and Arizona to reimburse debt service 
     payment on the Bypass Bridge at Hoover Dam project with 
     future apportionments, in accordance with title 23 United 
     States Code.
       The conference agreement includes a provision (Sec. 123) 
     that prohibits funding for the development or dissemination 
     of any programmatic agreement making the Interstate eligible 
     under the National Register of Historic Places, as proposed 
     by the House.
       The conference agreement includes a provision (Sec. 124) 
     that rescinds unobligated balances associated with completed 
     demonstration or high priority projects from previous laws.
       The conference agreement includes a provision (Sec. 125) 
     that makes certain projects and activities eligible to 
     receive fiscal year 2005 grants.
       The conference agreement includes a provision (Sec. 126) 
     that provides an appropriation for the replacement of the 
     Belleair

[[Page H10807]]

     Causeway Bridge in Pinellas County, Florida.
       The conference agreement includes a provision (Sec. 127) 
     regarding the I-10 Bridge spanning Escambia Bay in Escambia 
     and Santa Rosa Counties, Florida.
       The conference agreement includes a provision (Sec. 128) 
     that amends section 14003 of Public Law 108-287.

              Federal Motor Carrier Safety Administration


                          motor carrier safety

                 limitation on administrative expenses

                          (highway trust fund)

       The conference agreement includes a limitation of 
     $257,547,000 for the Federal Motor Carrier Safety 
     Administration's administrative expenses and grant programs, 
     instead of $248,480,000 as proposed by the House and 
     $260,000,000 as proposed by the Senate. The conference 
     agreement provides funding in the following manner:

                                                       Conference level
General and border operating expenses......................$125,229,000
New entrant program (Federal portion).........................3,000 000
New entrant (state grants portion) \1\.......................13,200,000
Hazardous materials permitting program........................2,000,000
Conditional carrier review program............................2,000 000
Household goods enforcement...................................1,300,000
Administrative infrastructure.................................8,000,000
Regulatory development.......................................11,143,000
HAZMAT sampling.................................................200,000
HAZMAT routing..................................................500,000
Non-entrant initiative........................................1,000,000
Information Management.......................................18,500,000
Crash data collection.........................................7,400,000
Outreach and education........................................2,200,000
Commercial driver's license improvement grants...............20,000,000
Total Northern and Southern border grants....................33,000 000
Hotline.........................................................375,000
Research and technology.......................................8,500,000

\1\ In addition to the $13,200,000 provided in this account, another 
$17,000,000 is provided under the National motor carrier safety 
program.

       New entrant program.--The conference agreement provides a 
     total of $30,200,000 for the new entrant program, of which 
     $13,200,000 is provided under this limitation and an 
     additional $17,000,000 is provided for state grants under the 
     motor carrier safety assistance program. The conferees 
     continue the program structure developed in fiscal year 2004 
     that provides the majority of funding for this program in the 
     form of state grants, therefore, only $3,000,000 is for 
     oversight and other Federal responsibilities. The conferees 
     direct that FMCSA report to both the House and Senate 
     Committees on Appropriations by March 1, 2005, regarding the 
     use of this Federal portion of the program, and an 
     explanation of the new entrant audit procedure improvements 
     and plans to maximize the program's safety benefits and to 
     enhance carrier compliance.
       Household goods enforcement.--The conference agreement 
     provides $1,300,000 for household goods enforcement. This is 
     an adequate level to maintain seven FTE provided in fiscal 
     year 2004. The agreement does not provide for five new safety 
     specialists proposed by the Senate. The conferees direct 
     FMCSA to report to both the House and Senate Committees on 
     Appropriations regarding the use of the household goods 
     enforcement funds by March, 1, 2005.
       Outreach and education.--The conferees provide a total of 
     $2,200,000 for outreach and education. Of this amount, 
     $1,500,000 is for household goods outreach, $150,000 is for 
     motorcoach and school bus transportation service selection, 
     $50,000 is for the safety is good business program, and 
     $500,000 is to increase safety belt usage among commercial 
     motor vehicle drivers. No funds are provided for the share 
     the road safely program; however, the conferees direct FMCSA 
     to detail one FTE to NHTSA for the share the road safely 
     program for a period ending on the date of enactment of a 
     fiscal year 2006 Transportation and Treasury and Independent 
     Agencies appropriations Act, other than a continuing 
     resolution. No funds are provided for the public outreach and 
     evaluation program as proposed by the Senate.
       The conference agreement retains language proposed by the 
     House directing FMCSA to develop strategies that link 
     outreach and education program initiatives to each goal with 
     a reporting date of April 10, 2005.
       Working capital, fund (WCF) desktop services and 
     electronic, government (E-gov).--The conferees provide no 
     separate funding for WCF desktop services or e-gov, but 
     direct FMCSA to absorb costs associated with these activities 
     within funds provided under this limitation, other than grant 
     funds, and report back to the House and Senate Committees on 
     Appropriations on the planned amounts for these activities 
     and funding sources with the 2005 operations plan, and actual 
     amounts and funding sources in future budget justifications.
       Safety Status Measurement, System (Safestat).--The 
     conferees retain the House language directing FMCSA to 
     implement the Inspector General's recommendation in its 
     February 13, 2004 report Improvements Needed in the Motor 
     Carriers Safety Status Measurement System.
       Form M.--The conferees retain House and Senate language 
     denying the request to transfer responsibility and funding 
     for Form M from BTS to FMCSA.
       Compliance Reviews and Safety Audits.--The conferees 
     reiterate the House and Senate reporting requirements 
     regarding compliance reviews and safety audits with a 
     reporting date of February 7, 2005.
       Research and Technology.--Within amounts for research and 
     technology, the conferees direct $500,000 for the testing and 
     evaluation of both stationary and mobile radiation detection 
     devices, and, as proposed by the Senate, $200,000 to study 
     the correlation between driver history and future safety 
     violations.
       Commercial drivers license (CDL) program.--The conference 
     agreement provides $21,000,000 for the commercial driver's 
     license improvement grants program, and retains the directive 
     in both the House and Senate reports directing FMCSA to 
     initiate a rule requiring all CDL applicants to provide proof 
     of citizenship or legal presence in the U.S., consistent with 
     the Inspector General recommendation. FMCSA shall initiate a 
     rulemaking by May 30, 2005. The conference agreement retains 
     the House language encouraging FMCSA to continue working to 
     improve all aspects of the CDL program, including sponsoring 
     pilot projects to ensure drivers who have been convicted of a 
     disqualifying offense do not operate during the period of 
     suspension or revocation.


                 national motor carrier safety program

                          (highway trust fund)

       The conference agreement provides liquidating cash 
     appropriation of $190,000,000 for the national motor carrier 
     safety program as proposed by both the House and the Senate.


                      (LIMITATION ON OBLIGATIONS)

       The conference agreement includes a limitation on 
     obligations of $190,000,000 for motor carrier safety grants 
     as proposed by both the House and the Senate.
       The conference agreement provides funding for the national 
     motor carrier safety program as follows:

                                                                 Amount
Motor carrier safety assistance program....................$169,000,000
  Basic motor carrier safety grants.......................(133,350,000)
  Performance based incentive grant program.................(7,100,000)
  High-priority activities..................................(9,450,000)
  New entrant grants.......................................(17,000,000)
  State training and administration.........................(2,100,000)
Crash causation (Sec. 224(f) MCSIA).........................(1,000,000)
Information systems and strategic safety initiatives.........20,000,000
  Data analysis and information systems....................(14,000,000)
  Implementatiaon of PRISM..................................(5,000,000)
  Driver programs (CDL grants)..............................(1,000,000)

       Within the funds provided for FMCSA's high priority 
     initiative program, the conference agreement provides 
     $250,000 to Auburn University for using a genetic algorithm 
     with computational fluid dynamic codes, validated using wind 
     tunnel and water tunnel testing, in developing a 
     comprehensive method for optimizing the shape of tractor-
     trailer rigs; $250,000 to continue the Hazardous Material 
     Transportation safety and security testing, including 
     conducting research on cost and benefits of using industry-
     standard truck disabling technologies, establishing best 
     practices for safety and security applications of remote 
     vehicle disabling technologies in trucking operations, and 
     conducting field operational testing of this technology; 
     $150,000 to the Transportation Research Center at Georgia 
     Tech University; and $150,000 for FMCSA to conduct a survey 
     of the States' entry level CDL programs to determine the 
     adequacy of each State's CDL entry-level driving test. The 
     conferees direct that FMCSA provide the findings of such a 
     survey with recommendations to ensure each State administers 
     a sufficiently demanding entry-level CDL driving test to the 
     House and Senate Committees on Appropriations no later than 
     June 1, 2005.

    General Provisions--Federal Motor Carrier Safety Administration

       The conference agreement includes a provision (Sec. 130) 
     that subjects funds appropriated in this Act to the terms and 
     conditions of section 350 of Public Law 107-87, including 
     that the Secretary submit a report on Mexico-domiciled motor 
     carriers. This provision was proposed by both the House and 
     Senate.
       The conference agreement includes a provision (Sec. 131) 
     prohibits the use of funds in this Act to implement or 
     enforce any provision of the Final Rule issued on April 16, 
     2003 as it applies to operators of utility service vehicles 
     and motion picture and television production drivers working 
     at a site within 100 air mile radius of the reporting 
     location for the period ending December 31, 2005.
       The conference agreement includes a provision (Sec. 132) 
     that prohibits the use of funds in this Act to issue or 
     implement a specific proposed regulation as it relates to a 
     phase in period to bring vehicles into compliance. The 
     conferees direct FMCSA to coordinate and communicate with 
     trucking firms and manufacturers affected by this provision 
     to ensure that they understand their responsibilities, 
     potential deadlines, and consequences. The conferees direct 
     FMCSA to

[[Page H10808]]

     notify the House and Senate Committees on Appropriations 
     regarding the steps that will take place to meet this 
     coordination requirement.

             National Highway Traffic Safety Administration


                        OPERATIONS AND RESEARCH

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement provides a total program level of 
     $232,986,000 for highway and traffic safety activities, 
     instead of $223,114,000 as proposed by the House and 
     $228,300,000 as proposed by the Senate. The limited amounts 
     for obligation include $157,386,000 for operations and 
     research, $72,000,000 for operations and research, and 
     $3,600,000 for the national driver register.
       The following table summarizes the conference agreement for 
     operations and research by budget activity:

Salaries and benefits.......................................$71,700,000
Travel........................................................1,347,000
Operating expenses...........................................23,801,000
Contract programs:
  Safety performance (rulemaking)............................11,383,000
  Safety assurance (enforcement).............................18,277,000
  Highway safety programs....................................51,493,000
  Research and analysis......................................70,521,000
  General administration........................................779,000
Grant administration reimbursements.........................-16,306,000
                                                       ________________
                                                       
    Total...................................................232,986,000

                           operating expenses

       The conference agreement provides no more than $2,900,000 
     for NHTSA computer support, $100,000 for harmonization 
     efforts, and no funding for workforce development or e-gov 
     initiatives from OST.


                            safety assurance

       The conference agreement provides an additional $250,000 
     for 2 additional full-time staff years for enforcement 
     actions against non-compliant vehicles, as proposed by the 
     House.


                           safety performance

       The conference agreement provides an additional $200,000 to 
     accelerate the purchase schedules for NCAP vehicle testing, 
     as proposed by the Senate.


                        highway safety programs

       The conference agreement provides the following funding 
     levels for highway safety programs:

Impaired Driving............................................$13,145,000
  Judicial and prosecutorial awareness......................(1,500,000)
  Target popluations..........................................(500,000)
Drug Evaluation and Classification....................................0
Pedestrian/Bicycle safety.....................................2,450,000
  Pedestrian accident study....................................(50,000)
  South Carolina DOT's Older Drivers & Pedestrian Signage Demonstration 
    Project...................................................(800,000)
  WPI Center for Human Impact, Protection Systems.............(400,000)
Motorcycle safety...............................................744,000
National Occupant Protection.................................11,600,000
Enforcement and Justice Services..............................2,217,000
Emergency Medical Services....................................3,520,000
  NEMSIS implementation.......................................(250,000)
  TraumaLink, Philadelphia PA.................................(500,000)
  USA Center for Rural Vehicle Research.......................(500,000)
Records and Licensing.........................................4,900,000
  Interstate digital image exchange project.................(2,300,000)
Highway Safety Research.......................................8,050,000
  Driver's Edge Safety Program, Nevada........................(400,000)
  FAMU--FSU Transportation Safety Research Center.............(800,000)
Emerging Traffic Safety Issues................................1,187,000
Share the Road Safely...........................................100,000
NAS Tire Study..................................................250,000
NOPUS.........................................................1,600,000
National Driver Register......................................2,000,000

       Share the road safely program.--The conference agreement 
     directs NHTSA to lead the implementation of the share the 
     road safely program for fiscal year 2005, as proposed by the 
     House and the Senate. In addition, FMCSA is directed to work 
     cooperatively with NHTSA and to provide one full-time 
     detailed to work with NHTSA staff, as proposed by the 
     Senate.
       NAS tire efficiency study.--The conferees direct NHTSA to 
     provide an update to the House and Senate Committees on 
     Appropriations on the status of the NAS tire efficiency study 
     by December 31, 2004, as proposed by the House.
       Plastic and composite vehicles.--The conferees recognize 
     the development of plastics and polymer-based composites in 
     the automotive industry and the important role these 
     technologies play in improving and enabling automobile 
     performance. The conferees encourage NHTSA to develop a 
     program to examine possible safety benefits of Lightweight 
     Plastic and Composite Intensive Vehicles (PCIV). The program 
     will help facilitate a foundation between DOT, the Department 
     of Energy and industry stakeholders for the development of 
     safety-centered approaches for future light-weight automotive 
     design.


                         research and analysis

       The conference agreement provides the following funding 
     levels for research and analysis:
Crashworthiness.............................................$25,675,000
  Southern Consortium for Injury Biomechanics...............(2,000,000)
  University of Vermont & Fletcher Allen Healthcare.........(1,000,000)
Crash Avoidance..............................................10,198,000
Fatigue eye-tracking & monitoring research....................(300,000)
  Visual loss research........................................(100,000)
National Center for Statistics & Analysis....................25,119,000
  Additional FARS funding.....................................(850,000)
Vehicle Research & Test Center................................1,020,000
Crash Causation Study.........................................7,000,000
Crash Avoidance Initiative......................................500,000
Early Fatality Notification System............................1,000,000


                        OPERATIONS AND RESEARCH

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement limits obligations for operations 
     and research to $72,000,000, as proposed by the Senate.


                        NATIONAL DRIVER REGISTER

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement limits obligations for the 
     national driver register to $3,600,000, as proposed by the 
     House.


                     HIGHWAY TRAFFIC SAFETY GRANTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement limits obligations for highway 
     traffic safety grants to $225,000,000, as proposed by both 
     the House and the Senate.
       Highway safety oversight.--The conference agreement does 
     not agree to include language pertaining to highway safety 
     grant oversight, as proposed by the Senate. This exclusion is 
     based upon assurances that NHTSA will actively pursue their 
     oversight responsibilities relating to state obligation of 
     grant monies. Furthermore, NHTSA shall ensure that the House 
     and Senate Committees on Appropriations are kept apprised of 
     NHTSA's progress.

   General Provisions--National Highway Traffic Safety Administration

       The conference agreement includes a provision (Section 140) 
     allowing States to use highway traffic safety grant funds for 
     highway safety public service messages, as proposed by the 
     House and Senate. No more than 30% of funds for impaired 
     driving media support may go to the 13 strategic states, 
     instead of 60%, as proposed by the House.
       The conference agreement includes a provision (Section 141) 
     directing NHTSA to administer the share the road safely 
     program and prohibiting funds from being transferred to any 
     other Federal agency, as proposed by the Senate.
       The conference agreement includes a provision (Section 142) 
     allowing NHTSA to use the funds necessary to carry out 
     provisions of section 157, as proposed by the Senate.

                    Federal Railroad Administration


                         SAFETY AND OPERATIONS

       The conference agreement provides $139,769,000 for Safety 
     and Operations, instead of $137,738,000 as proposed by the 
     House and $139,849,000 as proposed by the Senate. The 
     conferees approve 17 new positions for FRA: 8 inspectors, 8 
     inspector trainees, and 1 passenger rail staff. The agreement 
     provides $275,000 for a central training facility and 
     $1,500,000 for a track geometry vehicle. The agreement denies 
     $193,000 for e-gov initiatives requested by OST, $500,000 for 
     a fatigue study, and $300,000 for workforce planning efforts.


                   RAILROAD RESEARCH AND DEVELOPMENT

       The conference agreement provides $36,025,000 for Railroad 
     Research and Development, instead of $33,289,000 as proposed 
     by the House and $35,225,000 as proposed by the Senate. 
     Within the amount provided, the conferees have provided 
     $250,000 for the WVU constructed facility center, $2,000,000 
     for Marshall University and the University of Nebraska for 
     safety and research programs in rail equipment, human 
     factors, and track and rail safety related issues, and 
     $6,800,000 for NDGPS.


            RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

       RRIF loan repayment.--The conferees include bill language 
     directing Amtrak to repay the 2002 RRIF loan in five equal 
     annual installments over a five-year period. The conferees 
     are concerned that, in annually seeking deferral of its 
     obligations to repay the Federal Government, Amtrak 
     jeopardizes the future of the Railroad Rehabilitation and 
     Improvement Financing Program. This program was established 
     to meet the essential infrastructure investment needs of the 
     rail industry, in particular the small and regional freight 
     railroads that are essential to the economic competitiveness 
     of many

[[Page H10809]]

     parts of rural and small town America. Continuation of such 
     deferrals could set a dangerous precedent for Federal credit 
     programs. The conferees believe that no one, including a 
     quasi-governmental entity such as Amtrak, should be exempt 
     from meeting its financial obligations to the Federal 
     Government in a timely manner. Clearly, Amtrak agreed to a 
     repayment schedule that it knew, or at least should have 
     known, would jeopardize its ability to undertake 
     infrastructure repairs critical to safe and reliable 
     intercity and commuter passenger transportation, particularly 
     in the Northeast Corridor. This is a lesson that should not 
     be lost on Amtrak if it should again contemplate funding 
     capital improvements with debt. The conferees direct Amtrak 
     and the FRA to enter into a realistic repayment schedule that 
     will permit repayment of the principal and interest of the 
     RRIF loan owed to the Federal Government by Amtrak, while 
     mitigating the impact of this debt obligation on Amtrak's 
     capital program.


                    NEXT GENERATION HIGH-SPEED RAIL

       The conference agreement provides $19,650,000 for Next 
     Generation High-Speed Rail, instead of $11,000,000 as 
     proposed by the House and $20,000,000 as proposed by the 
     Senate. The agreement provides the following funding 
     allocations:

  Train Control Systems......................................$7,500,000
  North American joint PTC project..........................(6,500,000)
  Train Control--TTC........................................(1,000,000)
High-Speed Non-Electric Locomotives...........................1,700,000
DMU compliance and demonstration, Florida.....................(400,000)
DMU compliance and demonstration, New Jersey..................(400,000)
Grade Crossing & Innovative Technologies......................4,350,000
  Alaska RR luminescent grade crossings.....................(1,000,000)
  Vicksburg, MS Fairgrounds St grade crossing...............(1,000,000)
  Assembly Street, South Carolina.............................(600,000)
  High-speed rail improvements between NYC and Albany, NY.....(350,000)
Track/Structures Technology...................................1,000,000
Corridor Planning.............................................3,100,000
  Gulf Coast High Speed Rail Corridor Study.................(1,000,000)
  Memphis Region High Speed Rail Study........................(400,000)
  Spokane Region High Speed Rail Corridor Study.............(1,000,000)
  New England High Speed Rail Boston-Springfield-New Haven Corridor 
    Study.....................................................(700,000)
Maglev........................................................2,000,000
  California-Nevada Interstate Maglev Project...............(1,000,000)
  Pennsylvania Maglev Deployment Project....................(1,000,000)

       Magnetic levitation.--Section 1218 of TEA-21 established a 
     magnetic levitation deployment program to be administered by 
     the FRA. Last year, the conferees requested that FRA perform 
     a cost-benefit comparison report of magnetic levitation to 
     other modes of travel. Although FRA has not completed the 
     report, the conferees are awaiting the receipt of the final 
     draft.
       Rail-highway crossing hazard eliminations.--The conference 
     agreement also provides the following funding allocations for 
     rail-highway grade crossing mitigation:

Hamilton Boulevard, Mobile, Alabama..........................$1,000,000
City of Spartanburg rail crossing mitigation, South Carolina..1,075,000
Safety and Mitigation Rail Relocation in Auburn, Maine..........500,000
Harrisburg CorridorOne Track Safety, Pennsylvania...............550,000
McCord Road, Lucas County, Ohio, grade separation.............1,000,000
Illinois statewide highway-rail crossing safety program.........400,000
Vermont statewide highway-rail crossing safety..................325,000
Wisconsin railway-highway crossing elimination..................400,000

       Rock Island rail line, Oklahoma.--The conferees are aware 
     of an unused rail line, which runs from McAlester to Oklahoma 
     City, Oklahoma, that has been the subject of acquisition 
     negotiations for a number of years. The conferees encourage 
     all parties involved to reach a reasonable settlement 
     expeditiously, so that this important rail link can be 
     rehabilitated and reopened as soon as possible.


                     Alaska Railroad Rehabilitation

       The conference agreement provides $25,000,000 for the 
     rehabilitation expenses of the Alaska Railroad, as proposed 
     by the Senate.


         GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

       The conference agreement provides $1,217,000,000 for 
     quarterly grants to Amtrak, as proposed by the Senate. Of 
     this amount, no less than $500,000,000 is provided for 
     capital grants, as proposed by the House. The conference 
     agreement retains report language proposed by the House 
     regarding operating and capital plans, Amtrak financial 
     information, monthly reporting requirements, state-assisted 
     intercity rail service, and capital asset valuation.
       Amtrak common stock redemption.--The Amtrak Reform and 
     Accountability Act of 1997 (AARA) directed Amtrak to redeem 
     all common stock at fair market value by October 1, 2002 in 
     order to rid Amtrak of certain of its financial encumbrances 
     so that Amtrak could position itself to seek and receive 
     investor funds and other private financing. The date of the 
     mandated redemption has passed, the redemption has not 
     occurred, and the parties are not engaged in resolving the 
     matter of evaluation of such stock at Fair Market Value, 
     thwarting clear Congressional intent. The conferees urge 
     these parties to resolve this matter expeditiously.

          General Provisions--Federal Railroad Administration

       The conference agreement includes a provision (Section 150) 
     that requires the Secretary of Transportation to continue 
     development and implementation of a fair competitive bid 
     procedure, as proposed by both the House and the Senate.
       The conference agreement includes a provision (Section 151) 
     that allows FRA to provide reimbursement to employees for 
     home internet connections, as proposed by the House.
       The conference agreement includes a provision (Section 152) 
     that clarifies the intent of Federal funds provided to the 
     Alaska Railroad, as proposed by the Senate.
       The conference agreement includes a provision (Section 153) 
     that directs DOT to award a grant included in P.L. 108-199 
     for KBS Railroad in Illinois, as proposed by the Senate.
       The conference agreement includes a provision (Section 154) 
     that expands the Northern New England High Speed Rail 
     Corridor.
       The conference agreement includes a provision (Section 155) 
     that directs Amtrak to submit to the House and Senate 
     Committees on Appropriations in fiscal year 2005 a report 
     detailing Amtrak's obligations pursuant to 49 U.S.C. 
     24306(a).

                     Federal Transit Administration


                        administrative expenses

       The conference agreement provides $78,000,000 for 
     administrative expenses, as proposed by the Senate. Within 
     this total, the conference agreement provides the following 
     funding levels for FTA offices:

Office of the Administrator....................................$900,000
Office of Administration......................................6,520,000
Office of Chief Counsel.......................................4,100,000
Office of Communications & Congressional Affairs..............1,243,000
Office of Program Management..................................7,396,000
Office of Budget and Policy...................................6,929,000
Office of Research, Demonstration and Innovation..............4,645,000
Office of Civil Rights........................................3,013,000
Office of Planning and Environment............................4,171,000
Regional Offices.............................................20,150,000
Central Account..............................................16,433,000
National Transit Database.....................................2,500,000

       Transfer authority.--The conference agreement provides 
     transfer authority of 5% among administrative offices. The 
     conferees direct FTA to provide quarterly updates to the 
     House and Senate Committees on Appropriations on all 
     transfers of funding within the administrative office 
     structure.
       FY06 budget request.--Within the FY06 budget request, the 
     conferees direct FTA to submit an office-by-office breakdown, 
     as proposed by both the House and Senate and an analysis of 
     new start project technical assistance, as proposed by the 
     House.
       Full funding grant agreements (FFGAs).--The conference 
     agreement retains language proposed by the House detailing 
     notification of Congress of procedures prior to the execution 
     of a FFGA. In addition, the conference agreement retains 
     language proposed by the House regarding notification of 
     advancement of projects into preliminary engineering or final 
     design.
       Revisions of Congressional intent.--The conference 
     agreement retains language proposed by the House directing 
     FTA to seek approval of the House and Senate Committees on 
     Appropriations prior to revising Congressional intent.


                             formula grants

                     (including transfer of funds)

       The conference agreement provides $4,032,175,000 for 
     formula grants, as proposed by the Senate. The conference 
     agreement transfers language regarding an intercity bus 
     reporting requirement, as proposed by the House, to the 
     Office of the Secretary.


                   university transportation research

       The conference agreement provides $6,000,000 for university 
     transportation research, as proposed by the House and Senate.


                     transit planning and research

       The conference agreement provides $128,000,000 for transit 
     planning and research, as proposed by the Senate. From funds 
     provided for national planning and research, the conference 
     agreement provides the following funding levels;

Advanced Transportation Technology Institute...................$125,000
Automation Alley BuSolutions....................................550,000
CALSTART/WestStart Advanced Transit Technology................2,000,000

[[Page H10810]]

Center for composite manufacturing, AL..........................950,000
Southern Fuel Cell Coalition--Center for Transportation and the 
  Environment...................................................450,000
Chester County transit security training facility, PA...........125,000
Community Transportation Association of America Nationwide Jobli500,000
Fischer-Tropsch clean diesel technology demonstration, OK.......875,000
Hennepin County Community Works...............................1,200,000
hOurCar, MN......................................................75,000
Lehigh Carbon Community College transit first responder training 
  facility.......................................................75,000
Low cost carbon fiber production technology, University of Tenne450,000
Nanostructured catalysts for hydrogen fuel cells (CATV UA)......950,000
National Bio-Terrorism Civilian Medical Response Center, PA.....725,000
National Technical Assistance Center for Senior Transportation2,000,000
NDSU Transit Center for Small Urban Areas, ND...................400,000
Northern Wisconsin Rural Transportation Study....................60,000
Oklahoma Transportation Center................................2,000,000
Pawtucket train depot rehabilitation initiative, RI.............235,000
Phillipsburg to Northeastern NJ/NYC commuter rail study, NJ.....400,000
Project ACTION (TEA-21).......................................3,000,000
PVTA Electric Bus...............................................640,000
Sitting Bull College bus facility planning, SD...................65,000
Transit access CUMTD initiative, IL.............................500,000
Transit technology career ladder partnership training program...500,000
Transportation Research Program, Wichita State University.....1,000,000
WVU exhaust emissions testing initiative, WV..................1,400,000


                      trust fund share of expenses

       The conference agreement provides $6,744,500,000 for the 
     trust fund share of expenses, instead of $6,047,200,000 as 
     proposed by the House and $6,764,976,000 as proposed by the 
     Senate.


                       capital investment grants

                     (including transfer of funds)

       The conference agreement provides $3,338,825,000 for 
     capital investment grants, instead of $2,852,647,000 as 
     proposed by the House and $3,413,825,000 as proposed by the 
     Senate.
       Three year availability of section 5309 discretionary 
     funds.--The conferees direct FTA to not reallocate funds 
     provided in the fiscal year 2002 Department of Transportation 
     and Related Agencies Appropriations Act or previous Acts for 
     the following bus and bus facilities projects:

       Alabama State Dock in intermodal passenger and freight 
     terminal bus and bus related facilities
       Binghamton Intermodal Transportation Center/terminal
       Blue Water Area Transportation Commission bus facilities
       Bronx Zoo Intermodal Transportation Facility
       Cab Care paratransit facility
       City of Monrovia natural gas vehicle fueling facility
       Costa Mesa CNG facility
       County of Calaveras bus fleet replacement
       East Haddam transportation vehicles and transit facilities
       Greater Minnesota Transit Authority bus, paratransit and 
     transit hub (MNDOT)
       Greater New Haven Transit District CNG vehicle project 
     (ConnDOT)
       Homer Alaska Maritime Wildlife Intermodal and welcome 
     center
       Indiana bus consortium buses and bus facilities
       Indianapolis downtown transit facility
       Las Cruces intermodal transit facility
       Livermore Amador Valley Transit Authority buses and 
     facility
       Macon terminal intermodal station
       Missouri Pacific Depot
       Morgantown Parking Facility
       North County Transit District, initial design and planning 
     for new intermodal center
       Norwich bus terminal and pedestrian access
       Oglala Sioux Tribe buses and bus facilities
       San Bernardino CNG/LNG buses
       Sierra Madre Villa & Chinatown intermodal transportation 
     centers/LA MTA bus and bus related facilities
       Southern Teton Area Rapid Transit bus facility
       Springfield Union Station intermodal facility
       Station Plaza (NY) commuter parking lot
       Tompkins Consolidated Area transit center
       Ravalli County Council on aging bus facility
       Area VII agency on aging bus facility
       Statewise bus and bus facilities, MT
       Wilkes-Barre Intermodal Facility

       The conferees direct FTA to not reallocate funds provided 
     in the fiscal year 2002 Department of Transportation and 
     Related Agencies Appropriations Act or previous Acts for the 
     following new start projects:

       Greater Albuquerque mass rail transit project
       Birmingham, Alabama, Transit Corridor
       Dulles Corridor Project
       Honolulu, Hawaii, Bus Rapid Transit Project
       Kenosha-Racine-Milwaukee Rail Extension Project
       Maryland (MARC) Commuter Rail Improvements Projects
       Northeast Indianapolis, Indiana, Downtown Corridor Project
       Philadelphia SEPTA Cross County Metro Project
       Philadelphia, Pennsylvania-Schuylkill Valley Metro Project


                         bus and bus facilities

       The conference agreement provides $675,000,000 for buses 
     and bus facilities programs, together with $50,000,000 
     transferred from ``Federal Transit Administration, Formula 
     grants''. Funds provided for buses and bus facilities are 
     distributed as follows:

        Project Name                                             Amount
Abilene bus and bus facilities, Texas..........................$750,000
Acadia National Park intermodal facility, Maine.................250,000
Addicks Park & Ride Ramp, Texas...............................4,500,000
Alabama State Docks intermodal facility, Alabama.............10,000,000
Alaska Mental Health Trust bus program, Alaska................1,000,000
Alaska Native Medical Center intermodal bus/parking facility, 2,000,000
Allegan County Transportation, Michigan.......................1,500,000
Alma Transit facility and replacement buses, Michigan...........500,000
Alternative fuel replacement buses, Tucson, Arizona...........1,000,000
Ames transit/bus facility, Iowa...............................1,000,000
Amesbury bus facility, Massachusetts..........................1,000,000
Amtran Bus Replacement, Altoona, Pennsylvania...................300,000
Anaheim Resort Transit, California..............................300,000
Anchorage Museum/Transit intermodal depot, Alaska.............1,500,000
Anchorage paratransit and disability improvements, Alaska....1,500,000,
Anchorage Ship Creek intermodal facility, Alaska..............2,500,000
Ann Arbor Transit (AATA) transit center, Michigan.............1,000,000
Ardmore transit center, Pennsylvania..........................6,000,000
Area Transit Authority, Pennsylvania..........................1,425,000
Area Transportation Authority of North Pennsylvania Central passenger 
  terminal, Pennsylvania......................................1,250,000
Arkansas Statewide buses and bus facilities...................8,000,000
Asheville City bus fleet replacement, North Carolina............300,000
Atlanta bus acquisition, Georgia.............................$3,500,000
Atlanta clean fuel shuttle buses, Georgia.....................1,000,000
Atlantic Station, Georgia.....................................1,100,000
Attleboro Intermodal Transportation Center, Massachusetts.....2,000,000
Barry County buses and bus facilities, Michigan..................40,000
Bay Area Transportation Authority, Traverse City, Michigan....4,000,000
Belding buses and bus facilities, Michigan.......................50,000
Bellflower Dial-a-Ride, California..............................120,000
Bellows Falls Transit Improvements, Vermont...................2,000,000
Ben Franklin Transit Facility Improvements, Washington........1,050,000
Bergen Intermodal Stations and Park N'Rides, New Jersey.......2,000,000
Berks Area Reading Transportation Authority (BARTA) facility, 
  Pennsylvania................................................2,000,000
Berrien County transit, Michigan................................100,000
Billings downtown bus facility, Montana.......................2,000,000
Billings public bus and medical transfer facility, Montana....2,500,000
Birmingham Intermodel Facility--Phase II, Alabama.............3,500,000
Bloomington Public Transit Corporation, Indiana.................750,000
Blue Water Area Transportation Commission Maintenance and Storage 
  Facility, Michigan..........................................3,000,000

[[Page H10811]]

BNMC replacement buses, New York................................758,000
Boro Park JCC bus purchase, New York............................200,000
Brazos Transit District passenger shelter program, Texas........500,000
Bridgeport Intermodal Transportation Center, Connecticut......7,000,000
Brockton Area Transit Bus Replacement, Brockton, Massachusetts2,000,000
Brookhaven Town Senior Citizen Jitney Bus, New York.............125,000
Broome County hybrid buses, New York..........................1,600,000
Broward/Palm Beach Count buses, Florida.........................750,000
BRTA Bus Replacement Program, Massachusetts...................1,080,000
BRTA Bus Shelters, Massachusetts................................150,000
BRTA Storage Facility Upgrade, Massachusetts....................244,000
Bryan Intermodel Transit Terminal with Parking, Texas...........400,000
Bryan/College Station Bus Replacement Program, Texas..........1,296,000
Bucks County Intermodal Facility Improvements, Pennsylvania...2,117.000
Buffalo Niagra Medical Campus, New York.......................2,000,000
Burke Centre VRE Station Parking Expansion....................1,000,000
Bus Facility, 65th Street Intermodal Station, New York........7,500,000
Bus Rapid Transit, Virginia Street Phase 1, Nevada............1,000,000
Cadillac/Wexford Transit, Michigan..............................100,000
Calabasas Transit, California...................................500,000
Cambria County Transit accessible buses, Pennsylvania.........1,080,000
Cambria County Transit Facility rehabilitation, Pennsylvania..1,300,000
Cape Cod Regional Transit Authority Center/Bus Facility, Massa3,000,000
Capital Area Transit (CAT), Pennsylvania......................1,000,000
Capital Area Transportation Authority, Lansing, Michigan.....4,250,000,
Capital Metro North Operating Facility, Texas.................1,200,000
Capitol Metro buses and bus facilities, Texas.................2,000,000
Carolina Mini-Buses, Puerto Rico..............................1,900,000
Cass County transit, Michigan....................................40,000
CATA bus replacement, Arkansas..................................400,000
Catalina Transit Terminal, Redondo Beach, California..........1,000,000
Central New York Regional Transportation Authority, New York..3,250,000
Central Ohio Transit Authority Paratransit Facility.............550,000
Central Ohio Transity Authority ITS Phase III...................200,000
Centre Area Transit Authority, Pennsylvania.....................850,000
Cerritos Clean Air Buses, California............................850,000
Chapel Hill replacement buses, North Carolina.................2,000,000
Charlotte Multi-modal Transportation Center, North Carolina..2,500,000,
Cherry Street Multi-Modal Facility, Indiana...................1,000,000
Cincinnati Local Community bus enhancements, Ohio...............800,000
Citibus vans and alternative fuel buses, Texas................1,800,000
Citilink, Indiana.............................................1,800,000
City Bus, Williamsport Bureau of Transportation, Pennsylvania.1,500,000
City of Orange Beach senior activity bus, Alabama...............100,000
City of Santa Fe, Bus and Bus Facility Grant, New Mexico......1,500,000
Clare County Transit Corporation, Michigan......................100,000
Claremont Intermodal Transit Village Project, California........200,000
Cleveland Avenue YMCA bus, Alabama..............................200,000
Cleveland Clinic Pedestrian Access Tunnel, Ohio...............1,000,000
Clinton Area transit system, Michigan.........................1,250,000
CNG bus replacement, Texas......................................400,000
Coconino County--Flagstaff bus system, Arizona................1,400,000
Coconino County--Sedona bus system, Arizona...................2,600,000
Collegian Avenue Busway, California.............................400,000
Colorado Statewide buses and bus facilities...................7,125,000
Columbia Transit, Missouri......................................950,000
Community Transit Bus and Van Replacement, Washington.........1,000,000
Commuter maintenance facility, New Hampshire....................700,000
Como Rider program, Minnesota.................................1,500,000
Copper River Transit program, Alaska..........................1,500,000
Corpus Christi buses and bus facilities, Texas...................800,00
County of Lebanon Transit Authority (COLT), Pennsylvania........360,000
Cruise Terminal Intermodal Facility, Pennsylvania...............500,000
Cuyahoga County Plan for Senior Transportation, Ohio..........1,000,000
Dallas bus shelters, Texas.......................................750,00
Danville buses and bus facilities, Virginia.....................450,000
DeBary Intermodal Transportation Facility, Florida..............250,000
Delaware Statewide buses and bus facilities...................2,000,000
Denton Downtown multimodal transit facility, Texas............3,200,000
Des Moines MTA bus replacement, Iowa..........................2,000,000
Detroit DOT bus replacement and facilities, Michigan..........3,000,000
Dial-a-Ride facility, Phoenix, Arizona..........................350,000
Downtown Centralized Intermodal Transfer Center, Nashville, Te1,000,000
Downtown Tempe Transit Center, Arizona..........................800,000
Downtown transit center ITS, California.........................100,000
Duluth Transfer Facility, Minnesota...........................1,000,000
East Side Transit Center, Ohio..................................500,000
East Valley bus maintenance facility, Arizona.................6,950,000
Ed Roberts Campus/City of Berkeley, California..................500,000
Edmonds Crossing Mulitmodal Transportation Project, Washington1,000,000
El Garces Intermodal Station, Needles, California.............1,000,000
EI Paso buses Texas...........................................3,000,000
Elk Grove Park and Ride Facilities California.................1,000,000
Elmwood Facility Expansion, Rhode Island......................2,000,000
Endless Mountain Transportation Authority, Pennsylvania.........100,000
Englewood bus purchase, New Jersey.............................375,000;
Essex County buses, Massachusetts...............................150,000
Fairfield/Vacaville Intermodal Transit Station, California......500,000
Farmville buses and bus facilities, Virginia...................200,000;
Fayette Area Coordinated Transportation (FACT) buses and bus 
  facilities, Pennsylvania......................................900,000
Fixed Route Transportation System, Madison County, Kentucky.....300,000
Flagler County buses and bus facilities, Florida................150,000
Flint MTA Intelligent Transportation System, Michigan.........1,000,000
Fort Edward Intermodal Station, New York........................300,000
Franklin County Transportation Council, Missouri................150,000
Fresno Area Express bus program, California...................1,000,000
Ft. Worth Transportation Authority Fleet Modernization, Texas.2,400,000
Ft. Worth Transportation Authority Passenger Shelter Replacement700,000
Fulton County Transit Authority, Kentucky.......................200,000
Gainesville Regional Airport multi-modal facility, Florida......300,000
Gainesville RTS buses and bus facilities, Florida.............1,000,000
Glenmont Metrorail parking garage expansion, Maryland...........500,000
Golden Empire Transit traffic signal priority, California.......300,000
Grant Transit Authority vehicle replacement, Washington.........800,000
Greater Minnesota Transit.....................................3,225,000
Greater Ouachita Port and Intermodal Facility, Louisiana......3,000,000
Greenville Transit System, Michigan..............................50,000
GRTC Bus Facility, Richmond, Virginia.........................6,000,000
Hamiton clean fuels bus facility, Georgia....................1,500,0001
Hampton Roads Transit New Maintenance Facilities, Virginia....2,250,000

[[Page H10812]]

Harbor Transit, Michigan........................................200,000
Harrisburg Transportation Center, Pennsylvania................1,000,000
Harrison County HOV/Bus rapid transit Canal Road intermodal connector, 
  Mississippi.................................................2,000,000
Hartford bus facility rehabilitation, Connecticut...............500,000
Hartford/New Britain Busway, Connecticut......................4,000,000
Hazleton intermodal facility, Pennsylvania....................3,000,000
Hemet Transit Center bus facility, California...................350,000
Henderson Area Rapid Transit Authority, Kentucky.................80,000
High Point Project Terminals, North Carolina..................2,000,000
Hillsborough Area Regional Transit (HART), Florida..............500,000
Homestead East-West bus connector, Florida......................250,000
Honolulu bus and paratransit replacement program, Hawaii......5,000,000
Honolulu Middle Street Intermodal Center, Hawaii..............4,000,000
Houston METRO, Park and Rides, Texas.........................10,000,000
Howard Boulevard Intermodal Station, New Jersey...............3,500,000
Howard County Transit repair facility, Maryland.................500,000
Hunt County Committee on Aging Transit Terminal, Texas........1,200,000
Hunt County Committee on Aging Transit Vehicles, Texas........1,000,000
I-15 Managed Lanes/Bus Rapid Transit, San Diego, California...1,700,000
I-35 Fixed Guideway Project, Johnson County, Kansas.............300,000
I-66/Vienna Metrorail Accessibility Improvements, Virginia......600,000
Idaho Transit Coalition Statewide buses and bus facilities....3,500,000
Illinois Statewide buses and bus facilities...................7,000,000
Incline Plane Cable Replacement, Johnstown, Pennsylvania........120,000
IndyGo buses and bus facilities, Indiana......................3,000,000
Intelligent Transportation System for The Rapid, Michigan.......600,000
Intercity Transit Buses, Thurston County, Washington..........1,000,000
Intermodal terminals in Downtown Reno and Sparks, Nevada......1,500,000
Ionia County Dial-A-Ride, Michigan..............................125,000
Iowa Statewide buses and bus facilities.......................5,000,000
Irvington Intermodal Upgrades, New York.........................250,000
Isabella County Transportation Commission, Michigan.............300,000
Isanti Transit garage and operational facility, Minnesota.......500,000
ITP/The Rapid replacement and expansion buses, Michigan.......1,250,000
Ivy Tech State College multmodal facility, Indiana..............500,000
Jackson State University busing project, Mississippi............300,000
Jacksonville JTA transit rolling stock, Florida.................500,000
Jacksonville State University buses, Alabama..................2,000,000
Jacobi Transportation Facility, New York......................1,000,000
Jamaica Intermodal Facilities, New York.......................2,000,000
James City County natural as buses, Virginia..................3,000,000
JATRAN fixed route vehicles, Mississippi......................3,000,000
JCC of Coney Island Bus Purchase, New York......................100,000
Jefferson County Transit Facility Improvements, Texas...........700,000
Jefferson Transit operations/maintenance facility, Washington...600,000
Johnson County Transit System Buses, Kansas.....................500,000
Juneau bus replacement, Alaska............................... 1,000,000
Kalamazoo County Care A Van, Michigan............................80,000
Kalamazoo Metro Transit, Michigan.............................3,000,000
Kalkaska Public Transit Authority, Michigan......................50,000
Kansas City/Unified Govt. of Wyandotte Co. buses, Kansas......1,000,000
Kansas statewide bus and bus facilities.......................3,000,000
KCATA bus rapid transit, Missouri.............................4,500,000
Kearney RYDE Transit, Nebraska................................1,050,000
Kenai Central Area Rural Transit System bus replacement, Alask1,400,000
Key West bus and bus facilities, Florida......................2,000,000
King County Metro Clean Air Buses, Washington.................5,000,000
King County Metro Park and Ride on First Hill, Seattle, Washin2,000,000
King County Metro, King County Airfield Transfer Area, Washing2,000,000
Kitsap Transit Bus Replacement, Washington....................1,000,000
Knik Arm intermodal facility terminal, Alaska.................1,500,000
Knoxville Electric Transit Intermodal Center, Tennessee.......2,000,000
Lafayette City/Bus, Indiana.....................................500,000
Lake Erie Transit maintenance prage expansion, Michigan.........500,000
Lakeland Area Citrus Connection transit system, Florida.........750,000
Lane County bus raid transit vehicles, Oregon.................4,000,000
Laredo Bus Hub and Maintenance Facility, Texas................2,000,000
Las Vegas buses, Nevada.......................................1,000,000
LAVTA buses and bus facilities, California......................500,000
LAVTA satellite maintenance, operations and administrative facility, 
  California....................................................300,000
Lawrence Transit System maintenance facility, Kansas............400,000
Lawton buses and bus facilities, Oklahoma.......................207,000
Lechmere Station intermodal, Massachusetts....................1,000,000
Lewis and Clark explorer shuttle parking, Oregon................500,000
Link Transit Low Floor Coach Purchases, Washington..............800,000
Livingston Essential Transportation, Michigan...................100,000
Long Beach Transit bus purchase, California.....................500,000
Los Angeles County MTA bus program, California................2,000,000
Los Angeles Trade Tech intermodal links with bus and Metro, Cali500,000
Los Angeles Valley College bus station extension, California....500,000
Louisiana Statewide buses and bus facilities..................5,000,000
Lowell Regional Transit Authority, Massachusetts................900,000
Macatawa Area Express Facility, Michigan......................1,000,000
Macon Terminal Station, Georgia.................................750,000
Maine statewide bus program...................................2,500,000
Maintenance facility modernization project, Oregon...........12,500,000
Mammoth Lakes Regional Transit operations facility, California1,000,000
Manchester, Clay County Intermodal Facility, Kentucky.........2,000,000
MART maintenance facility, Massachussets......................2,400,000
MARTA Bus Acquisition Program, Georgia........................1,500,000
MARTA clean fuel technology buses, Georgia....................4,000,000
Maryland Statewide buses and bus facilities...................4,000,000
Mass Transportation Authority, Flint, Michigan................3,000,000
Medical University of South Carolina..........................4,000,000
Memphis Airport Intermodal Facility, Tennessee................3,000,000
Metro Red Line Wilshire Vermont Station upgrade, California.....750,000
Metro St. Louis, Missouri.....................................1,250,000
Metro Transit buses and bus facilities, Minnesota.............4,000,000
Miami Beach Intermodal Greenway Transit Facility, Florida.......700,000
Miami Beach Intermodal Transit Facility, Florida................700,000
Miami Intermodal Center, Florida..............................6,000,000
Miami-Dade County bus procurement, Florida......................500,000
Michigan Statewide buses and bus facilities...................3,000,000
Mid Mon Valley Transit Authority, Charleroi, Pennsylvania.....1,400,000
Mid-County Transit Authority Kittanning, Pennsylvania...........220,000
Midland Dial-A-Ride, Michigan...................................125,000
Millinocket Airport transfer bus project, Maine..................35,000
Miramar Parkway transit shelter enhancements, Florida...........100,000

[[Page H10813]]

Mississippi Valley State University mass transit expansion, Miss200,000
Missouri statewide bus and bus facilities.....................8,000,000
Modesto bus facility, California..............................1,000,000
Montgomery buses, Alabama.......................................700,000
Montrey Salinas Transit buses, California.....................1,000,000
Moultrie Intermodal Facility, Georgia...........................500,000
Multi County Intermodal Park & Ride, New Jersey...............3,000,000
Muncie Indiana transit system, Indiana........................1,000,000
Municipal Transit Operators Coalition, California.............1,000,000
Murray/Calloway County Transit Authority, Kentucky............1,800,000
Muskegon Area Transit System, Michigan..........................500,000
Napa Transit Center construction, California....................500,000
Nassau County Long Island Bus, New York.......................1,000,000
National Center for Transportation Needs, Florida...............600,000
Nebraska Statewide bus and bus facilities.....................2,000,000
New Castle Area Transit, Pennsylvania.........................1,000,000
New Mexico Statewide bus and bus facilities...................1,000,000
New York Central Train Station, Elyria, Ohio..................1,000,000
Newark Penn Station Intermodal Improvements, New Jersey.......5,000,000
Norman buses and bus facilities, Oklahoma.....................3,000,000
North Carolina Statewide buses and bus facilities.............5,000,000
North Dakota Statewide buses and bus facilities...............3,000,000
North Florida and West Coast Transit Coalition Bus Acquisition4,000,000
North Oakland Transit Authority, Michigan........................80,000
Northern Michigan bus and bus facilities........................500,000
Northern Oklahoma regional multimodal facilities and transit system, 
  Oklahoma....................................................5,000,000
Northern Winnebago County, Illinois.............................250,000
Northumberland County Transportation, Pennsylvania..............100,000
Northwest Busway and facilities, Hennepin County, Minnesota...3,000,000
NW 7th Avenue Transit Hub, Florida............................1,000,000
Oakwood College shuttle bus project, Alabama....................150,000
Oakwood Intermodal Facility, Somerset, Kentucky...............2,000,000
Ohio statewide buses and bus facilities.......................6,000,000
Oklahoma DOT Transit Program, Oklahoma........................5,500,000
Oklahoma Transportation Center, Oklahoma......................2,000,000
Omaha Metro Area Transit Center Developments, Nebraska........4,000,000
Pacific Station Multimodal-Multiuse facility, California......1,500,000
Paducah Area Transit Authority, Kentucky......................1,300,000
Pahoa/Hilo Bus routes, Hawaii...................................500,000
Palm Springs bus station relocation, California..................30,000
Palo Alto Intermodal Transit Center, California.................750,000
Paratransit District/Senior Call Center Brooklyn, Ohio........2,000,000
Park 8 Ride/Bus Facility Exit 2, Salem, New Hampshire...........600,000
Park and Ride Bus Facility Exit 5, New Hamgshire................200,000
Park and Ride for the Edison Train Station, New Jersey........1,000,000
Pelham Intermodal Improvements, New York........................500,000
Petersburg Multi-Modal Transportation Center, Virginia..........500,000
Phoenix, Glendale, and Avondale bus replacement, Arizona......1,500,000
Phoenix/Glendale West Valley operating facility, Arizona......3,500,000
Pierce Transit Base expansion, Washington.....................1,000,000
Pinellas Suncoast Transit Authority, Florida..................9,300,000
Port Angeles International Gateway Center, Washington.........1,000,000
Port of Anchorage intermodal facility, Alaska.................2,500,000
Potomac Yard Transit Way, Virginia..............................800,000
PRTC Bus Acquisitions, Virginia.................................800,000
Pulse Point Joint Development safety improvements, Connecticut..500,000
Putnam County RideSolutions buses and bus facilities, Florida.1,500,000
PVTA bus replacement program, Massachussets...................4,000,000
Regional maintenance/paratransit scheduling facility, Kansas....800,000
Renaissance Square, New York..................................6,500,000
Rhode Island Public Transit Authority Statewide buses and bus 
  facilities..................................................4,000,000
Richmond Highway Transit Improvements, Virginia...............1,000,000
Rio Rancho Senior Transit Program, New Mexico...................250,000
Riverbank vehicle garage renovation, California.................125,000
Riverside Transit Authority, California.........................125,000
Rochester Central Bus Terminal, New York......................5,600,000
Rockville Town Center transit project, Maryland...............1,000,000
Roscommon County Transit System, Michigan........................50,000
Roseville Multitransit Center, California.......................650,000
Rural Bus Program, Hawaii.....................................5,000,000
Sacramento bus replacement/facility expansion, California.......500,000
Salem Intermodal Center improvement project, Massachussets....1,000,000
Salem-Keizer Transit, buses and bus facilities, Oregon..........350,000
SamTrans Zero Emission bus project, California..................750,000
San Antonio VIA Metropolitan Transit Bus Fleet Modernization, 3,000,000
San Francisco Muni buses and bus facilities, California.......4,000,000
San Luis Rey Transit Center, California.........................400,000
Santa Clara VTA bus signal priority project, California.........750,000
SCAT CNG Fueling Station, California............................500,000
Senior Bus Service Bus Replacement, North Hempstead, New York...300,000
SEPTA, Trackless Trolley Acquisition, Pennsylvania............1,000,000
Shisawassee Area Transportation Authority, Michigan..............45,000
Sierra Madre Villa Gold Line Light Rail Station, California...1,000,000
Sistrunk transit & pedestrian access improvement, Florida.....1,000,000
Sitting Bull College facilities, South Dakota.................1,250,000
Skagway bus terminal development, Alaska......................2,000,000
SMART buses and bus facilities, Michigan......................3,000,000
Solana Beach Intermodal Facility, Solana Beach, California......650,000
Sonoma County CNG buses, California.............................300,000
South Amboy Intermodal Station, New Jersey....................1,250,000
South Carolina Statewide buses and bus facilities.............4,000,000
South Dakota Statewide buses and bus facilities...............1,000,000
South Gate Clean Air buses, California..........................250,000
South Metro Area Rapid Transit park-and-ride facility and transit 
  center, Oregon................................................500,000
Southeast Tennessee Human Resource Agency.......................750,000
Southern and Eastern Kentucky buses and bus facilities........3,000,000
Southern Maryland commuter bus initiative, Maryland...........5,000,000
Southern Missouri buses and bus facilities....................2,300,000
Southside bus facility PE, Virginia...........................4,000,000
Southwest Broward bus facility, Florida.......................1,200,000
Spring Valley Multi-Modal Center, California....................800,000
Springfield Union Station, Springfield, Massachusetts.........6,694,000
St. Johns County Council on Aging buses and bus facilities, Flor750,000
St. George's Ferry Intermodal Terminal, New York..............2,300,000
St. Lucie County bus purchase, Florida..........................400,000
St. Petersburg intermodal facility, Florida.....................500,000
Stamford Urban Transitway Phase II, Connecticut...............6,000,000
Suffolk County Transit buses and bus facilities, New York.....1,000,000
Sullivan County buses and bus facilities, New York..............500,000
Sun Tran CNG replacement buses, Tucson, Arizona...............2,750,000

[[Page H10814]]

Sunline Transit Agency CNG buses, California....................500,000
TaITran Bus replacement project, Florida........................800,000
TARTA/TARPS Intermodal Facility, Ohio.........................1,500,000
Temecula Park and Ride Facility, California......................50,000
Temecula Transit Center, California.............................400,000
Tennessee Statewide buses and bus facilities..................9,500,000
The Woodlands Capital Cost of Contracting Program, Texas........450,000
Tombigbee Regional Commission vehicle facility, Alabama.........250,000
Tompkins County Hybrid Buses, New York..........................250,000
Transit Authority of Northern Kentucky (TANK) bus and bus facilities, 
  Kentucky......................................................500,000
Transit Authority of River City, Louisville, Kentucky...........601,500
Transit First Implementation, California........................750,000
Transit ITS, Utah...............................................250,000
Transit Oriented Neighborhood Program, California...............200,000
TRANSPO Bus Operations Center South Bend, Indiana.............2,000,000
Trenton Intermodal Center, New Jersey.........................2,000,000
Triangle Transit Authority replacement buses, North Carolina..1,000,000
TriMet buses, Portland, Oregon................................1,000,000
Trolley System, Boynton Beach, Florida..........................250,000
Tuckahoe Intermodal Improvements, New York.......................40,000
Tulsa Transit Multi-use facility in Tulsa, Oklahoma...........2,000,000
Twin Cities Area Transportation Authority, Benton Harbor, Michiga30,000
ULM Intermodal Facility, Louisiana..............................750,000
Ulster Count Hybrid Buses, New York.............................250,000
UMass Transit RTIC and training facility, Massachussets.......4,000,000
UNI multimodal project, Iowa..................................3,000,000
Union City Intermodal Station, Phase 1, California..............500,000
Union Depot Transportation Hub, Minnesota.....................1,000,000
Union Station Intermodal Trade and Transit Center, Schuylkill County, 
  Pennsylvania................................................2,000,000
Union Station Intermodal Transportation Center, Washington, DC..750,000
Union/Snyder Transportation Alliance, Union County Pennsylvani1,500,000
University of Alabama at Huntsville Intermodal Facility, Alaba4,000,000
University of Louisville bus shuttle program, Kentucky........2,500,000
UTA intermodal facilities, Utah...............................2,000,000
UTA Statewide buses and bus facilities........................5,800,000
Vallejo Baylink Ferry Intermodal Center, California...........1,250,000
Van Buren Public Transit, Michigan...............................30,000
Vans, CASA of Marshall County, Alabama..........................100,000
Vehicles for Senior Citizen Transportation in Alabama.........1,000,000
Vermont Statewide buses and bus facilities....................2,000,000
Vicksburg public transportation, Mississippi....................500,000
Visalia bus operations facility, California.....................250,000
Visalia bus replacement, California.............................250,000
Waco Transit Alternative Fueled Bus Purchase, Texas...........4,000,000
Wahiawa Transit Center and Parking Facility, Hawaii...........2,500,000
Washington Small Bus System Program of Projects, Washington...4,000,000
Waterbury bus maintenance facility, Connecticut.................500,000
West Haven/Orange Intermodal Facility, Connecticut............1,000,000
West Side transit facility, New Mexico........................1,000,000
West Valley City Intermodal Terminal, Utah......................400,000
West Virginia Statewide.......................................5,000,000
Westchester County Bee Line Bus Replacement, New York.........4,000,000
Westmoreland Count Transit Authority, Pennsylvania..............500,000
Whatcom Transportation Authority, Lincoln Creek Transportation Center, 
  Washington..................................................2,000,000
White Earth Tribal Nation Transit Center, Minnesota...........1,000,000
White Plains Downtown Circulator, New York......................250,000
Whitehall Intermodal Ferry Terminal, New York.................1,000,000
Whittier intermodal facility, Alaska..........................1,500,000
Wichita Transit Authority buses and bus facilities, Kansas......250,000
Winter Haven Transit Terminal, Florida..........................500,000
Wisconsin Statewide buses and bus facilities.................15,000,000
WMATA bus purchase, Virginia..................................7,000,000
WMATA clean fleet buses, Maryland.............................1,500,000
Wonderland Station improvements, Revere, Massachussets........2,000,000
Yamhill County Transit bus and bus facilities, Oregon...........150,000
Yates Township Dial-A-Ride Transportation System, Michigan......200,000
York County Transportation Authority buses, Pennsylvania......1,500,000
Yosemite Area Regional Transportation System, California........400,000

       Washington statewide small transit-systems, bus and bus 
     facilitie.--The conference agreement provides $4,000,000 to 
     the Washington State Department of Transportation (WSDOT) for 
     bus and bus facilities grants. The conferees expect WSDOT to 
     fund the following projects: (1) $400,000 Clallam Transit; 
     (2) $50,000 Columbia County Public Transportation (CCPT); (3) 
     $50,000 Garfield County; (4) $400,000 Grant Transit; (5) 
     $600,000 Grays Harbor Transportation Authority; (6) $400,000 
     Island Transit; (7) $750,000 Jefferson Transit; (8) $400,000 
     Mason County Transportation Authority; (9) $50,000 Pacific 
     Transit; (10) $400,000 Twin Transit; and (11) $500,000 Valley 
     Transit.
       Illinois Statewide Buses.--The conferees provide $7,000,000 
     to the Illinois Department of Transportation (IDOT) for 
     Section 5309 Bus and Bus Facilities grants. The conferees 
     expect IDOT to provide at least $3,000,000 for Downstate 
     Illinois replacement buses in Bloomington, Champaign-Urbana, 
     Danville, Decatur, Peoria, Quincy, RIDES MTD, River Valley, 
     Rockford, Rock Island, Springfield, and for the Bi-State 
     Development/Metro Agency. Further, the conferees expect IDOT 
     to provide appropriate funds for bus facilities in 
     Bloomington, Galesburg, Macomb, Peoria, and Rock Island, 
     including $750,000 for the Champaign Day Care Center/Park-n-
     Ride; $500,000 for the Richton Park Metra Intermodal Transit 
     Park and Ride Facility; $750,000 for the City of Chicago's 
     Free Trolley system; and $500,000 for the Downtown Normal 
     Multimodal facility.
       The conference agreement retains all language in the House 
     and Senate reports allowing funds appropriated for a bus or 
     bus facility project to be used for another eligible purpose, 
     with the exception of Senate proposed language for South Bend 
     Intermodal Facility, Indiana. Amounts previously obligated 
     for the South Street Station Project in fiscal year 1996 and 
     fiscal year 1997 shall be made available for the South Bend 
     Bus Operations Center project in South Bend, Indiana. In 
     addition, House retained language regarding Detroit bus and 
     bus facilities should read ``Public Law 106-69'' instead of 
     ``Public Law 106-109''.
       Newton Rapid Transit Handicap Access Improvements, 
     Massachusetts.--Amounts made available in fiscal year 2004 
     for Newton Rapid Transit Handicap Access Improvements, 
     Massachusetts, shall be available for making handicap 
     accessibility improvements to the Auburndale Station in 
     Newton, MA.
       Alameda Point Areil Transit Project, California.--Amounts 
     made available in fiscal year 2004 for Alameda Point Areil 
     Transit Project, California, shall be available for the 
     Fairfield/Vacaville Intermodal Transit Station, California.
       Utica Transit Authority Buses, New York.--Amounts made 
     available in fiscal year 2003 for Utica Transit Buses, New 
     York, shall be made available for Oneida County buses and 
     transit items.
       Statewide Bus and Bus Facilities, Montana.--Unobligated 
     balances from amounts made available in fiscal year 2002 to 
     Area VIII Agency on Aging Bus and Bus Facility and Ravalli 
     County Council on Aging Bus and Bus Facility shall be 
     combined with and made available for Statewide Buses and Bus 
     Facilities.
       New York City grant reprogramming.--The conference 
     agreement includes a provision that allows urbanized area 
     formula grant funds and capital investment or discretionary 
     grant funds awarded to the New York City DOT to be made 
     available to the New York Metropolitan Transportation 
     Authority for eligible capital projects. The conferees are 
     concerned that this provision in some way might facilitate 
     the closure of current bus routes or the delaying of 
     service improvements in certain New York City bus lines. 
     This is not the intent of the conferees, and MTA should 
     work to avoid any such harmful effects.

[[Page H10815]]

                               New Starts

       The conference agreement provides $1,449,425,000 for new 
     starts programs, together with funds made available from 
     reallocated new start projects from the fiscal year 2002 Act 
     and previous Acts. Funds provided for new start projects are 
     distributed 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 Upgrade11,409,506
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.................2,000,200
Northern New Jersey Hudson-Bergen Light Rail MOS2...........100,000,000
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 Extensi81,640,000
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 Proje10,000,000
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, Wa4,000,000
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

       Resort corridor system extension, Las Vegas, NV.--The 
     conferees expect the FTA to continue to set aside sufficient 
     funds from the total amount of contingent commitment 
     authority available for full funding grant agreements for 
     fiscal year 2005 for the Resort Corridor System Extension 
     project while the project works through a series of 
     unanticipated technical problems. The conferees look forward 
     to receiving the anticipated Full Funding Grant Agreement for 
     this project once those technical problems have been 
     resolved.

                 Job Access and Reverse Commute Grants

       The conference agreement provides $125,000,000 for JARC 
     programs. Funds provided for JARC projects are distributed as 
     follows:

Cleveland JARC Ohio............................................$750,000
Abilene JARC, Texas.............................................150,000
AC Transit--Calworks Job Center (Bay Area), California........5,000,000
Akron METRO Job Access and Reverse Commute, Ohio................300,000
ARC of Madison County, Alabama..................................350,000
Bedford Ride, Virginia...........................................60,000
Brockton Area Transit Authority JARC, Massachusetts.............600,000
Broome County Transit, Binghamton, New York.....................250,000
Central New York Job Access Reverse Commute, New York...........500,000
Chatham JARC, Georgia.........................................2,000,000
Children's Health Fund JARC, Tennessee..........................500,000
City of Santa Fe, New Mexico....................................400,000
Colorado Transit Coalition JARC...............................3,250,000
Community Transportation JOBLINKS Demonstration...............3,300,000
Connecticut Statewide JARC....................................2,500,000
Craig Transit JARC, Alaska.......................................50,000
DCC Community Health & Safety Transport Project, Michigan.......300,000
Delaware Statewide Welfare to Work..............................750,000
Detroit JARC, Michigan........................................1,750,000
Dooly-Crisp Unified Transportation System, Georgia..............200,000
Easter Seals Central Alabama JARC...............................500,000
El Paso JARC, Texas.............................................500,000
Family Service Centers of Clearwater Ways to Work, FL...........500,000
Flint MTA JARC, Michigan......................................2,000,000
Gees Bend Ferry, Alabama......................................2,000,000
Georgetown, Washington, D.C. Metro Connection.................1,250,000
Guaranteed Ride Program, California.............................600,000
Hillsborough Area Regional Transit JARC, Florida................100,000
hOurCar Car-Sharing Program, Minnesota..........................200,000
Illinois Statewide JARC.........................................500,000
IndyFlex, Indiana.............................................1,250,000
Iowa Statewide JARC...........................................2,000,000
Island Transit JARC, Texas......................................600,000
Jefferson County JARC, Alabama................................3,000,000
Job Access Transit, Hayward, California.........................500,000
Jumpstart, Wisconsin............................................290,000
Kenai Peninsula JARC, Alaska....................................600,000
Knox County CAC Transportation Program, Tennessee...............500,000
Knoxville Area Transit Job Access Service, Tennessee............750,000
Louisiana Statewide JARC......................................2,500,000
Louisville JARC, Kentucky.....................................1,150,000
Lubbock, Citibus JARC, Texas....................................350,000

[[Page H10816]]

Maine Statewide JARC Program..................................1,500,000
MARC, Kansas....................................................500,000
Maryland Statewide JARC.......................................2,700,000
MASCOT Mat-su Valley, Alaska....................................200,000
Metro St. Louis Downtown Shuttle Trolley, Missouri..............950,000
Metropolitan Access to Jobs Initiative, Fargo, North Dakota.....100,000
Metropolitan Access to Jobs Initiative, North Dakota............100,000
Metropolitan Council Job Access, Minneapolis, Minnesota.......1,000,000
Missouri Statewide JARC.......................................5,500,000
Mobile Association for Retarded Citizens, Alabama...............250,000
Mobility Coalition, Alaska......................................500,000
Muncie Indiana Transit System JobConnection, Indiana............140,000
New Jersey Statewide JARC.....................................5,250,000
New Mexico Statewide JARC.....................................2,150,000
North Central Puget Sound Vehicle Trip Reduction Incentives, W1,000,000
North Oakland Transportation Authority, Michigan................150,000
North Star Borough Transit JARC, Alaska..........................75,000
Okanogan County Senior Citizens JARC, Washington................226,430
Oklahoma Statewide JARC.......................................8,000,000
Operation Ride DuPage, DuPage County, Illinois..................500,000
Patrick Henry Community College, Virginia........................25,000
Philadelphia Unemployment Project (PUP), Pennsylvania.........1,500,000
Pittsburgh JARC, Pennsylvania.................................2,800,000
Platform Additions and Extensions on San Bernardino Line, Cali2,000,000
Port Authority of Allegheny County JARC, Pennsylvania.........6,250,000
Portland Regional JARC, Oregon................................2,300,000
Poughkeepsie JARC, New York......................................50,000
Ray Graham Association for People With Disabilities, Illinois...130,000
Red Rose Transit Authority, Lancaster, Pennsylvania.............633,000
Rhode Island Statewide JARC...................................1,650,000
Rochester-Genesee Regional Transportation Authority, New York...750,000
Rogue Valley Transit District JARC, Oregon......................200,000
Sacramento Region JARC, California............................2,000,000
Salem Keizer Transit JARC, Oregon...............................200,000
SEPTA JARC, Pennsylvania......................................3,500,000
Seward Transit JARC, Alaska.....................................200,000
SRTA Elderly Van Service, Massachusetts.........................400,000
Statewide Statewide Small Urban and Rural Public/Specialized 
  Transportation Services (JARC), Nevada......................2,000,000
Suffolk County United Veterans, New York........................200,000
Tennessee Statewide JARC......................................6,000,000
Toledo JARC, Ohio...............................................350,000
Tompkins Consolidated Area Transit JARC, New York...............100,000
Vermont Statewide JARC........................................1,000,000
Veterans Wheelchair Olympic Games, Alaska.......................100,000
VIA Metropolitan JARC, Texas....................................750,000
Washington Metro Job Access Initiative........................2,500,000
Washington State Transit Car Sharing Job Access, Washingtion..2,000,000
Ways to Work, Minnesota.......................................1,975,000
Ways to Work, Wisconsin.......................................1,000,000
West Virginia Statewide JARC..................................1,000,000
Western Reserve Transit Job Access Program, Ohio................750,000
Wichita Transit Authority JARC, Kansas..........................400,000
Wisconsin Statewide JARC......................................2,600,000
WorkFirst Transportation Initiative, Washington...............1,598,570
Wyandotte Co/KCK JARC, Kansas...................................500,000

       Washington Metropolitan Area Transit Authority JARC.--The 
     conferees direct FTA to permit WMATA to reprogram funds 
     currently and previously appropriated for WMATA's JARC 
     program to be used to provide ADA paratransit service to 
     persons who are eligible for such service under the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 
     the guidelines for WMATA's MetroAccess program.

           General Provisions--Federal Transit Administration

       The conference agreement includes a provision (Section 160) 
     that exempts previously made transit obligations from 
     limitations on obligations, as proposed by both the House and 
     Senate.
       The conference agreement includes a provision (Section 161) 
     that allows funds for discretionary grants of the Federal 
     Transit Administration for specific projects, except for 
     fixed guideway modernization projects, not obligated by 
     September 30, 2005, and other recoveries, to be used for 
     other projects under 49 U.S.C. 5309, as proposed by both the 
     House and Senate.
       The conference agreement includes a provision (Section 162) 
     that allows transit funds appropriated before October 2, 
     2003, that remain available for expenditure to be 
     transferred, as proposed by both the House and Senate.
       The conference agreement includes a provision (Section 163) 
     that prohibits Federal transit grantees from obligating or 
     expending funds after February 1, 2004, that would otherwise 
     be available in the Act, if the grantee is involved directly 
     or indirectly with any activity, including displaying or 
     permitting to be displayed advertisements on its land, 
     equipment, or in its facilities, that promotes the 
     legalization or medical use of substances listed in schedule 
     I of section 202 of the Controlled Substances Act, as 
     proposed by the House.
       The conference agreement includes a provision (Section 164) 
     that allows the restoration of obligation authority to 
     formula grants funds that were reduced due to FTA violations 
     of the Antideficiency Act, as proposed by the House.
       The conference agreement includes a provision (Section 165) 
     that allows funds made available for Alaska and Hawaii ferry 
     boats or ferry terminal facilities to be used to construct 
     new vessels and facilities or to improve existing vessels and 
     facilities, as proposed by the Senate.
       The conference agreement includes a provision (Section 166) 
     that allows unobligated funds for new projects under Federal 
     Transit Authority to be used during this fiscal year to 
     satisfy expenses incurred for such projects, as proposed by 
     the Senate.
       The conference agreement includes a provision (Section 167) 
     that expands authorization allowing cooperative procurement 
     of major capital equipment to 5 pilot projects, as proposed 
     by the Senate.
       The conference agreement includes a provision (Section 168) 
     that allows amounts previously made available to the Port 
     Authority of Allegheny County to be used for bus purchases, 
     as proposed by the Senate.
       The conference agreement includes a provision (Section 169) 
     that allows a transfer of Greater New Haven Transit District 
     bus funding for transit research, as proposed by the Senate.
       The conference agreement includes a provision (Section 170) 
     that allows amounts previously made available to Matanuska 
     Susitna Borough for ferry boats to be used for an intermodal 
     facility, as proposed by the Senate.
       The conference agreement includes a provision (Section 171) 
     that relates to bus funds for Honolulu, Hawaii, as proposed 
     by the Senate.
       The conference agreement includes a provision (Section 172) 
     that allows the Navy to receive funds from Hawaii for ferry 
     boats for transportation services for the Arizona War 
     Memorial, as proposed by the Senate.
       The conference agreement includes a provision (Section 173) 
     that directs FTA to comply with the coordinated development 
     and governmental funding requirements of Section 3042 of the 
     Federal Transit Act of 1998, as proposed by the Senate.
       The conference agreement includes a provision (Section 174) 
     that modifies the calculation of the non-New Starts share of 
     funding for the San Francisco Muni Third Street Light Rail 
     Project, as proposed by the House.
       The conference agreement includes a provision (Section 175) 
     that allows a transfer of funding for Vermont Commuter Rail 
     to upgrade an existing rail project, as proposed by the 
     Senate.
       The conference agreement includes a provision (Section 176) 
     that allows unobligated funds made available to the Oklahoma 
     Transit Association in Public Law 108-7 to instead be made 
     available to the Metropolitan Tulsa Transit Authority and the 
     Central Oklahoma Transportation and Parking Authority for any 
     project or activity authorized under the ]ARC program, as 
     proposed by the House.
       The conference agreement includes a provision (Section 177) 
     that allows urbanized area formula grant funds and capital 
     investment or discretionary grant funds awarded to the New 
     York City Department of Transportation to be made available 
     to the New York Metropolitan Transportation Authority for 
     eligible capital projects.
       The conference agreement includes a provision (Section 178) 
     that allows small urbanized areas that became part of the 
     metropolitan Houston, Texas urbanized area, but lie outside 
     the service area of the principal public transportation 
     agency that serves that urbanized area to use funds made 
     available to carry out 49 U.S.C. 5307 in fiscal year 2005.
       The conference agreement includes a provision (Section 179) 
     that allows funds made available to the Hawthorne-Warwick 
     Commuter Rail Project to be reallocated for other projects.

[[Page H10817]]

             Saint Lawrence Seaway Development Corporation


                       OPERATIONS AND MAINTENANCE

                    (HARBOR MAINTENANCE TRUST FUND)

       The conference agreement includes $15,900,000 for the 
     Operations and Maintenance of the Saint Lawrence Seaway 
     Development Corporation as proposed by both the House and 
     Senate. The conferees designate that $1,500,000 of this total 
     is for concrete replacement at Eisenhower and Snell Locks, as 
     proposed by the House.

                        Maritime Administration


                       MARITIME SECURITY PROGRAM

       The conference agreement includes $98,700,000 for the 
     maritime security program as proposed by the House and 
     Senate.


                        Operations and Training

       The conference agreement includes $109,478,000 for MARAD's 
     operations and training account, instead of $106,400,000 as 
     proposed by the House and $110,910,000 as proposed by the 
     Senate. The conference agreement allocates the funds for 
     operations and training as follows:

        Activity                                       Conference level
U.S. Merchant Marine Academy:
  Salary and benefits...........................................$23,753
  Midshipmen program..............................................6,303
  Instructional program...........................................3,448
  Program direction and administration............................2,945
  Maintenance, repair & operating requirements....................6,327
  Capital improvements...........................................13,138
                                                       ________________
                                                       
    Subtotal, USMMA..............................................55,914
                                                       ================

State Maritime Schools:
  Student incentive payments......................................1,200
  Direct schoolship payments......................................1,200
  Schoolship maintenance and repair...............................8,090
                                                       ________________
                                                       
    Subtotal, State Maritime Academies...........................10,490
                                                       ================

MARAD Operations:
  Salaries and benefits..........................................26,112
  Non-salary base................................................10,448
                                                       ________________
                                                       
    Subtotal--Base operations....................................36,560
  Enterprise architecture & IT security upgrades....................150
  DOT working capital fund (IT consolidation).....................4,560
  GSA space..........................................................94
  DOT Electronic Government.........................................100
  Inland waterway conditions and performance report...............1,000
  Security Training Center..........................................610
                                                       ________________
                                                       
    Subtotal, MARAD Operations...................................43,074
                                                       ================

    Subtotal, Operations and Training...........................109,478

       The conferees provide $610,000 as a one-time appropriation 
     for relocation and reconfiguration of the CAPE CHALMERS from 
     the National Defense Reserve Fleet to the Federal Law 
     Enforcement Training Center in Charleston, South Carolina to 
     establish a maritime security professional training center. 
     Funds shall not be used for training purposes or for 
     administration purposes associated with the Federal Law 
     Enforcement Training Center.
       The conferees provide $1,000,000 to prepare a conditions 
     and performance report and needs assessment for the inland 
     waterways system. In developing the conditions and 
     performance and needs assessment report, MARAD should 
     consider and evaluate the potential for applying information 
     technology and data management to the inland waterways 
     infrastructure to address increased transportation demands.
       Base Ops Breakout.--The conferees direct MARAD to 
     comprehensively delineate the antecedent line item elements, 
     along with their associated, requested funding levels, that 
     encompass base operations within future, officially submitted 
     budget justifications to the House and Senate Committees on 
     Appropriations.


                             SHIP DISPOSAL

       The conference agreement includes $21,616,000 for the 
     disposal of obsolete vessels of the National Defense Reserve 
     Fleet as proposed by the Senate, instead of $19,116,000 as 
     proposed by the House.


          Maritime Guaranteed Loan (Title XI) Program Account

                     (including transfer of funds)

       The conference agreement includes $4,764,000 for 
     administration expenses of the maritime guaranteed loan 
     program (Title XI) as proposed by the House and Senate. This 
     level is adequate to fund the three requested full time 
     equivalents to improve the administration and oversight of 
     the Title XI loan process, as recommended by the DOT 
     Inspector General. Further, MARAD is prohibited from 
     detailing any personnel overseeing the Title XI program to 
     any other modal administration, including the Office of the 
     Secretary, without the advance consent of both the House and 
     Senate Committees on Appropriations. In addition, the 
     conferees direct MARAD to implement the additional three 
     recommendations detailed in the Inspector General's follow-up 
     audit of the Title XI program dated September 28, 2004, and 
     make available up to $2,000,000 of the Title XI funds 
     provided under Public Law 108-11 to be used to develop and 
     acquire a comprehensive computer-based financial monitoring 
     system.


           National Defense Tank Vessel Construction Program

       The conference agreement amends a provision included in the 
     Senate bill and includes $75,000,000 for the National Defense 
     Tank Vessel Construction Program authorized under Public Law 
     108-136.


                           SHIP CONSTRUCTION

                              (rescission)

       The conference agreement includes a rescission of 
     unobligated balances totaling $1,979,000 from the dormant 
     ship construction account as proposed by the House, instead 
     of $1,900,000 as proposed by the Senate.

              General Provisions--Maritime Administration

       The conference agreement includes a provision (Sec. 180) 
     that authorizes MARAD to furnish utilities and services and 
     make necessary repairs in connection with any lease, 
     contract, or occupancy involving Government property under 
     control of MARAD, and allow payments received to be credited 
     to the Treasury, as proposed by both the House and Senate.
       The conference agreement includes a provision (Sec. 181) 
     that does not allow obligations to be incurred during the 
     current fiscal year from the construction fund established by 
     the Merchant Marine Act, 1936.

              Research and Special Programs Administration


                     RESEARCH AND SPECIAL PROGRAMS

       The conference agreement provides $47,115,000 for Research 
     and Special Programs, instead of $46,790,000 as proposed by 
     the House and $49,000,000 as proposed by the Senate. Funding 
     for the Office of Emergency Transportation has been 
     transferred to the Office of the Secretary, as proposed by 
     the House. The agreement approves a staffing level of 225 and 
     includes the following funding allocations:

Hazardous Materials Safety..................................$25,159,000
Research and Technology.......................................2,434,000
Program Support..............................................19,572,000


                            Pipeline Safety

       The conference agreement provides $69,769,000 for the 
     Office of Pipeline Safety, instead of $68,466,000 as proposed 
     by the House and $71,073,000 as proposed by the Senate. The 
     conferees approve 4 additional pipeline inspectors, instead 
     of 2 as proposed by the House and 6 as proposed by the 
     Senate.
       Oil Spill Liability Trust Fund.--The conferees strongly 
     agree with language contained in both the House and Senate 
     reports regarding the oil spill liability trust fund. The 
     fiscal year 2006 budget justification should adequately 
     address the allocation of resources, containing an 
     itemization of how these funds are being allocated within 
     OPS, as proposed by the House.
       Natural Gas Distribution Pipeline Safety.--In lieu of 
     directives proposed by the Senate, the conferees direct the 
     Office of Pipeline Safety to report to the House and Senate 
     Committees on Appropriations by May 1, 2005, detailing the 
     extent to which integrity management plan [IMP] elements may 
     be applied to the natural gas distribution pipeline industry 
     in order to enhance distribution system safety. This report 
     should detail the IMP implementation approach for operators 
     of natural gas distribution pipelines, including development 
     of guidance for adoption by states, and publication and 
     promotion of best practices and development of national 
     consensus standards and/or federal or state regulation. In 
     addition, the report should include specific milestones and 
     performance measures on the actions that will be necessary to 
     carry out the IMP initiative and should examine the financial 
     implications of an IMP and impacts on natural gas consumers. 
     The Administrator shall provide quarterly updates to the 
     House and Senate Committees on Appropriations regarding the 
     status of the implementation.
       Public Safety and Education Programs.--The conferees 
     include $750,000 for RSPA to create a clearinghouse to 
     evaluate public safety and education efforts, as proposed by 
     the Senate.
       Small Gas Distribution Systems.--The conferees encourage 
     the Office of Pipeline Safety to work closely with and assist 
     existing organizations and foundations in efforts to develop 
     and deliver educational tools and materials to small gas 
     utilities. The conferees support those efforts focused on 
     operating and maintenance procedures that will help prevent 
     incidents, rapidly and safely control hazards and restore 
     service in the event of accidental or intentional damage to 
     pipelines.


                     EMERGENCY PREPAREDNESS GRANTS

       The conference agreement provides a total of $14,500,000 
     for Emergency Preparedness Grants, as proposed by both the 
     House and the Senate.

                      Office of Inspector General


                         SALARIES AND EXPENSES

        The conference agreement includes $59,000,000 for the 
     Office of Inspector General, as proposed by the Senate.

[[Page H10818]]

                      Surface Transportation Board


                         Salaries and Expenses

        The conference agreement provides a funding level of 
     $21,250,000 for the Surface Transportation Board to fund 
     salaries and expenses from a direct appropriation, as 
     proposed by the Senate. The conference agreement includes 
     language that allows the Board to offset $1,050,000 of this 
     appropriation from fees collected during the fiscal year, as 
     proposed by the Senate.
        The conference agreement approves a level of 150 FTE for 
     the Board, as proposed by the Senate.

            General Provisions--Department of Transportation


                     (Including transfer of funds)

       Section 185 permits appropriations to the Department of 
     Transportation to 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 by law, as proposed by the House and 
     Senate.
        Section 186 allows funds for the Department of 
     Transportation to be available for services as authorized by 
     5 U.S.C. 3109, as proposed by the House and Senate.
       Section 187 prohibits funds to be used for salaries and 
     expenses of more than 106 political and Presidential 
     appointees in the Department of Transportation, and requires 
     that none of the personnel covered by this provision may be 
     assigned on temporary detail outside DOT, as proposed by the 
     House and Senate.
       Section 188 prohibits funds from being used to implement 
     section 404 of title 23, United States Code, as proposed by 
     the House and Senate.
       Section 189 prohibits the dissemination of personal 
     information obtained by a State department of motor vehicles 
     in connection with a motor vehicle record, as proposed by the 
     House and Senate.
       Section 190 permits funds received by specified DOT 
     agencies from States or other private or public sources for 
     expenses incurred for training to be credited to certain 
     specified agency accounts, as proposed by the House and 
     Senate.
       Section 191 authorizes the Secretary of Transportation to 
     allow the issuer of any preferred stock sold to the 
     Department to redeem or repurchase such stock upon the 
     payment to the Department of an amount determined by the 
     Secretary, as proposed by the House and Senate.
       Section 192 prohibits funds to be used to make a grant 
     unless the Secretary of Transportation notifies the House and 
     Senate Committees on Appropriations no less than 3 days in 
     advance of any discretionary grant award, letter of intent, 
     or full funding grant agreement totaling $1,000,000, as 
     proposed by the House and Senate.
       Section 193 allows certain rebates, refunds, and related 
     payments to be credited to appropriations of the Department 
     of Transportation, as proposed by the House and Senate.
       Section 194 requires that amounts determined to represent 
     recoveries of improper payments should be available for 
     certain specified expenses, as proposed by the House and 
     Senate.
       Section 195 authorizes the Secretary of Transportation to 
     transfer the unexpended balances available for the bonding 
     assistance program from ``Office of the Secretary, Salary and 
     Expenses'' to ``Minority Business Outreach'', as proposed by 
     the House and Senate.
       Section 196 prohibits funds from being obligated to approve 
     assessments or reimbursable agreements pertaining to funds 
     appropriated to the modal administrations, as proposed by the 
     House and Senate.
       Section 197 limits working capital fund obligations to 
     $130,210,000.
       Section 198 specifies that the City of Norman, Oklahoma 
     shall be considered to be part of the Oklahoma City urbanized 
     area for fiscal years 2004 and 2005.
       Section 199 amends 49 U.S.C. 41716(b) relating to 
     exemptions for air service to small and nonhub airports. The 
     conferees believe the DOT and FAA should take steps to 
     encourage airline service to small hub airports. Air service 
     plays a critical role in the economic development of 
     communities serviced by small hub airports. Continued 
     economic growth for these communities and their airports is 
     dependent upon having access to large hub airports. 
     Therefore, DOT and FAA are urged to make it their highest 
     priority to allocate permanent slots at LaGuardia Airport to 
     allow the communities of Akron-Canton, Ohio and Newport News-
     Williamsburg, Virginia to each have permanent third 
     roundtrips to LaGuardia with stage III aircraft with no less 
     than 110 and no more than 125 seats.

                  TITLE II--DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

        Appropriates $157,559,000 for departmental offices of the 
     Treasury Department instead of $177,000,000 as proposed by 
     the House and $161,313,000 as proposed by the Senate. The 
     conferees direct the funds to be allocated as follows:

Executive Direction..........................................$7,274,000
General Counsel...............................................7,200,000
Economic Policies and Programs...............................31,657,000
Financial Policies and Programs..............................26,072,000
Terrorism and Financial Intelligence.........................10,633,000
Treasury Wide Management.....................................16,760,000
Administration...............................................57,963,000

       Provides $100,000 for official representation and reception 
     expenses instead of $75,000 as proposed by the House and 
     $150,000 as proposed by the Senate. Fiscal year 2005 
     representation and reception expenses for the other bureaus 
     and offices of the Department are provided under the specific 
     appropriating paragraphs as proposed by the Senate.
        Deletes the provision proposed by the House setting aside 
     funds for the Office of Foreign Assets Control (OFAC). The 
     conferees have provided resources for OFAC under a separate 
     header as proposed by the Senate and retained the provision 
     allowing for the transfer of funds to that account.
       Deletes the provision proposed by the House limiting travel 
     expenses to $2,750,000. The Senate did not include a similar 
     provision. The conferees direct the Secretary to submit 
     quarterly reports to the House and Senate Committees on 
     Appropriations providing details, including expenses, for all 
     Treasury employee foreign travel and the domestic travel for 
     Treasury employees at the SES level and above.
       Deletes the provision proposed by both the House and the 
     Senate setting aside $2,900,000 for grants to state and local 
     law enforcement to fight money laundering. While the 
     conferees support the efforts of law enforcement, the 
     Department has not obligated any of the funds provided in 
     fiscal year 2004 for these activities. The conferees direct 
     the Department to obligate the funds in a timely manner.
       Modifies the provision proposed by the Senate allowing for 
     the transfer of funds between Office activities through 
     reprogramming actions. The conferees limit transfers to 2.5% 
     instead of the Senate proposed 5%. The House did not include 
     a similar provision.
       As proposed by the Senate, the conferees deny the request 
     to reimburse the Department of Homeland Security $2,400,000 
     for protective services.
       Retains the Senate provisions specifying $1,900,000 and 
     five FTE for the Office of Emergency Preparedness, $1,000,000 
     to promote basic financial literacy and education, and 
     $1,000,000 for critical infrastructure protection research 
     and development.
       Modifies the direction proposed by the Senate under 
     Financial Crimes Enforcement Network (FinCEN) regarding 
     duplicative systems in FinCEN and the IRS. The conferees 
     direct the Secretary to certify within 30 days of enactment 
     of this Act that FinCEN's BSA information collection system 
     is the only system of its sort under development. Further, 
     none of the funds provided to the IRS for information 
     technology projects may be obligated until the Secretary 
     provides such certification.

                    Office of Foreign Assets Control


                         SALARIES AND EXPENSES

       Appropriates $22,291,000 for salaries and expenses as 
     proposed by the Senate. The House proposed funding the office 
     within the amounts provided for departmental offices. The 
     conferees assume no less than 138 FTE will be funded under 
     this resource level.

        Department-Wide Systems and Capital Investments Programs


                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $32,260,000 for the Department's systems and 
     capital investments. The conference agreement assumes 
     $1,500,000 for appliance-based computer security technology 
     as described in the House report, $400,000 for enterprise 
     architecture, and $500,000 for certificate-based internet 
     security as described under ``Departmental Offices'' in the 
     House report. In addition, not to exceed $2,500,000 is 
     available for e-gov activities.
       The conferees direct the Department to better detail the e-
     gov activities in future budget justifications, including 
     associated costs and Department-specific benefits. As 
     proposed by the Senate, the conferees have not provided 
     $275,000 as requested for information technology governance.

                      Office of Inspector General


                         SALARIES AND EXPENSES

       Appropriates $16,500,000 for salaries and expenses of the 
     Inspector General's office as proposed by the House, instead 
     of $16,158,000 as proposed by the Senate. The conferees 
     direct the Inspector General to allocate the amounts over the 
     budget request evenly between audit and investigation 
     activities.
       Retains language allowing up to $2,500 to be used for 
     official reception and representation expenses as proposed by 
     the Senate. The House did not identify funds for such 
     purposes.
       The conferees direct the IG to complete the audit on the 
     Treasury Building and Annex repair and restoration project, 
     including building code compliance, and issue a final report 
     by April 4, 2005. The conferees modify the direction of the 
     House regarding employee-driven cost overruns and request 
     that the IG identify costs associated with employee delays on 
     planned moves into alternative space during restoration 
     phases.
       The conferees retain the directive in the House report 
     regarding a status report on creation of the Financial Crimes 
     Enforcement Network's Office of Compliance with a reporting 
     date of March 11, 2005.

[[Page H10819]]

           treasury inspector general for tax administration

                         salaries and expenses

       Appropriates $129,126,000 for salaries and expenses of the 
     Tax Inspector General's office as proposed by both the House 
     and the Senate.
       Retains language allowing up to $1,500 to be used for 
     official reception and representation expenses as proposed by 
     the Senate. The House did not identify funds for such 
     purposes.


            air transportation stabilization program account

       Appropriates $2,000,000 for the air transportation 
     stabilization program as proposed by both the House and the 
     Senate.


           treasury building and annex repair and restoration

       Appropriates $12,316,000 for the repair and restoration of 
     the Treasury building and annex as proposed by the Senate 
     instead of $20,316,000 as proposed by the House. The 
     conference agreement does not include the House proposal to 
     transfer funds to the Office of Inspector General.


                 expanded access to financial services

                              (rescission)

       Rescinds $4,000,000 from unobligated balances as proposed 
     by both the House and the Senate.


                    violent crime reduction program

                              (rescission)

       Rescinds $1,200,000 from the violent crime reduction 
     program as proposed by the Senate. The House proposed 
     rescinding $1,000,000.

                  Financial Crimes Enforcement Network


                         salaries and expenses

       Appropriates $72,502,000 for the Financial Crimes 
     Enforcement Network (FinCEN) as proposed by the Senate 
     instead of $90,002,000 as proposed by the House. The 
     conference agreement provides up to $14,000 for official 
     representation and reception expenses and $7,500,000 for BSA 
     Direct as proposed by the Senate, and a new provision 
     allowing up to $350,000 from available funds to be used for 
     costs associated with the 2005 Annual Plenary of the Egmont 
     Group. The House did not include similar provisions. The 
     conferees retain the requirement included in the Senate 
     report directing the FinCEN Director to report to the 
     Committees on Appropriations on any delay, deviation, or cost 
     change to the BSA Direct program.
       The conference agreement includes $3,000,000 over the 
     budget request to hire no less than 18 full time equivalent 
     positions for the Bank Secrecy Act (BSA) compliance program 
     as proposed by the Senate. The conferees retain the directive 
     proposed by the Senate that resources provided over the 
     budget request may only be used by the Office of Compliance 
     or the Office of Regulatory Support, and shall not be used 
     for any other purpose without the written approval from the 
     House and Senate Committees on Appropriations.

                      Financial Management Service


                         salaries and expenses

       Appropriates $230,930,000 for salaries and expenses as 
     proposed by both the House and the Senate. In addition, the 
     conference agreement allows for up to $2,500 to be used for 
     official reception and representation expenses as proposed by 
     the Senate. The House did not identify funds for such 
     purpose.

                Alcohol and Tobacco Tax and Trade Bureau


                         salaries and expenses

       Appropriates $83,000,000 for salaries and expenses of the 
     alcohol and tobacco tax and trade bureau as proposed by the 
     Senate, instead of $82,542,000 as proposed by the House. 
     Funds over the budget request are to be used to establish an 
     information technology infrastructure independent from the 
     Bureau of Alcohol, Tobacco and Firearms. The Bureau is to 
     report to the Committees by March 1, 2005 as directed by the 
     Senate.
       In addition, the bill allows for up to $6,000 to be used 
     for official reception and representation expenses as 
     proposed by the Senate. The House did not identify funds for 
     such purpose.

                           United States Mint


               united states mint public enterprise fund

       Limits expenditures from the Fund to $24,000,000 for 
     operations, instead of $41,100,000 as proposed by both the 
     House and the Senate.

                       Bureau of the Public Debt


                     administering the public debt

       Appropriates $175,166,000 for the salaries and expenses of 
     the bureau of public debt as proposed by both the House and 
     the Senate. In addition, the bill allows for up to $2,500 to 
     be used for official reception and representation expenses as 
     proposed by the Senate. The House did not identify funds for 
     such purpose.

                        Internal Revenue Service

       The conferees direct the Commissioner to include an IRS 
     operating plan with the plan submitted by the Treasury 60 
     days after enactment of this Act as described in the House 
     report.
       Retains language regarding workforce alignment activities 
     as proposed by Senate. The House included a similar provision 
     with a difference in reporting dates.


                 processing, assistance and management

       Appropriates $4,089,574,000 for costs associated with 
     processing, assistance and management of the Service instead 
     of $4,071,824,000 as proposed by the House and $4,107,325,000 
     as proposed by the Senate. Of the funds provided, the 
     conferees have set aside $4,100,000 for tax counseling for 
     the elderly, $8,000,000 for low-income taxpayer clinics, and 
     up to $25,000 for official representation and reception 
     expenses. The conference agreement does not include 
     provisions regarding postage as proposed by the Senate.


                          tax law enforcement

                     (including transfer of funds)

       Appropriates $4,398,729,000 for enforcement instead of 
     $4,278,107,000 as proposed by the House and $4,519,350,000 as 
     proposed by the Senate. Allows for the transfer of up to 
     $10,000,000 from the Social Security Administration as 
     proposed by the House.
       The conferees direct the Commissioner to submit quarterly 
     reports regarding IRS's progress on compliance activities as 
     proposed by the Senate.
       The conferees direct GAO to review IRS and FinCEN 
     compliance with the requirements of the Bank Secrecy Act as 
     proposed by the Senate.


                          information systems

       Appropriates $1,590,492,000 for information systems instead 
     of $1,622,093,000 as proposed by the House and $1,606,768,000 
     as proposed by the Senate.


                     business systems modernization

       Appropriates $205,000,000 for business system modernization 
     instead of $285,000,000 as proposed by the House and 
     $125,000,000 as proposed by the Senate. The conferees retain 
     the requirement directed by both the House and the Senate 
     regarding GAO review and Committee approval of the annual 
     spend plan.
       The conference agreement does not include a rescission of 
     fiscal year 2004 funds proposed by the Senate.


               health insurance tax credit administration

       Appropriates $34,841,000 for administration of the health 
     insurance tax credit program as proposed by both the House 
     and the Senate.

              General Provisions--Internal Revenue Service

       Retains four general provisions proposed by the Senate. The 
     House included similar provisions under the Department-wide 
     general provision section.

             General Provisions--Department of the Treasury

       Retains nine general provisions proposed by the House. The 
     Senate included similar provisions with minor grammatical 
     differences.
       Retains the provision proposed by the Senate extending 
     authority for the Franchise Fund indefinitely. The House 
     proposed extending the Fund for one year.
       Retains the provision proposed by the Senate regarding the 
     Check Forgery Insurance Fund. The House included a similar 
     provision with a minor grammatical difference.
       Retains the provision proposed by the Senate directing the 
     Secretary to provide a report on currency manipulation to the 
     Committees on Appropriations. The conferees direct the 
     Secretary to also address the reporting requirements directed 
     in the House and Senate reports, and include trade data of 
     China's other trade partners in his analysis.
       Includes a provision streamlining the process for official 
     oversight of IRS field office operations by designated 
     individuals.
       Modifies the provision proposed by the Senate regarding the 
     creation of the Office of Terrorism and Financial 
     Intelligence in regard to reporting authority. The House did 
     not include a similar provision.
       Deletes the provision proposed by the Senate regarding Cuba 
     travel.

                               TITLE III

    Executive Office of the President and Funds Appropriated to the 
                               President


                     compensation of the president

       The conference agreement provides $450,000 for compensation 
     of the President as proposed by both the House and Senate.


                           white house office

                         Salaries and Expenses

        The conference agreement provides $62,000,000 instead of 
     $59,525,000 as proposed by the House and $63,698,000 as 
     proposed by the Senate. The conference agreement allows up to 
     $9,975,000 in reimbursements to the White House 
     Communications Agency as proposed by the Senate instead of 
     $8,345,395 as proposed by the House. The bill specifies that, 
     of the total funding provided, $2,475,000 is for the Homeland 
     Security Council. The House had proposed a similar funding 
     level in a separate appropriation. The Senate bill assumed 
     $4,173,000 under this appropriation. The conferees agree to 
     technical wording differences as proposed by the House.


                 Executive Residence at the White House

                           operating expenses

       The conference agreement provides $12,760,000 as proposed 
     by both the House and the Senate.


                         Reimbursable Expenses

       The conference agreement includes bill language on 
     reimbursements as proposed by both the House and the Senate 
     and identical to language carried in fiscal year 2004.


                   White House Repair and Restoration

       The conference agreement provides $1,900,000 as proposed by 
     both the House and the Senate.

[[Page H10820]]

                      Council of Economic Advisers

                         Salaries and Expenses

       The conference agreement provides $4,040,000 as proposed by 
     both the House and the Senate.


                      Office of Policy Development

                         Salaries and Expenses

        The conference agreement provides $2,300,000 instead of 
     $2,267,000 as proposed by the House and $2,392,000 as 
     proposed by the Senate.


                       National Security Council

                         Salaries and Expenses

       The conference agreement provides $8,932,000 as proposed by 
     both the House and the Senate.


                       Homeland Security Council

                         Salaries and Expenses

       The conference agreement deletes the appropriation of 
     $2,475,000 proposed by the House. Funding is provided under 
     ``White House office, salaries and expenses''.


                        Office of Administration

                         Salaries and Expenses

       The conference agreement provides $92,269,000 instead of 
     $92,696,000 as proposed by the House and $92,869,000 as 
     proposed by the Senate. The agreement withholds the 
     obligation of $4,000,000 in capital investment plan funds 
     until submission, review, and approval of a report on 
     enterprise architecture, as proposed by the House. 
     Adjustments to the budget estimate are as follows:

        Adjustment                                 Conference agreement
Enterprise services program savings............................-$400,00
Business process analysis and consulting.......................-200,000
Restoration of OMB to enterprise services program............+7,193,000


                    Office of Management and Budget

                         Salaries and Expenses

       The conference agreement provides $68,411,000 as proposed 
     by the Senate instead of $67,759,000 as proposed by the 
     House. The bill limits reception and representation expenses 
     to $1,500 as proposed by the House instead of $3,000 as 
     proposed by the Senate, and incorporates changes to the 
     limitation on transcript alteration proposed by the House. 
     Further, the agreement modifies the proposal of the Senate 
     concerning OMB's review of water resource project proposals 
     of the Army Corps of Engineers by specifying that the 
     limitations are applicable for fiscal year 2005 only.
       Adjustments to the budget estimate are as follows:

        Adjustment                                 Conference agreement
Staffing adjustment.........................................-$1,600,000
Restoration of FASAB and JFMIP transfer........................+639,000
Restoration of OMB to enterprise services program............-7,193,000

                 Office of National Drug Control Policy


                         SALARIES AND EXPENSES

        The conferees agree to provide $27,000,000 for salaries 
     and expenses, as proposed by the Senate. Within this total, 
     the conference agreement retains specific funding and 
     staffing levels for ONDCP administrative offices as proposed 
     in the Senate report. In addition, 2.5 new FTE are approved 
     to be allocated to administrative offices at the Director's 
     discretion.
       The conference agreement provides the following funding 
     levels for ONDCP offices:

Operations..................................................$25,650,000
  Office of the Director....................................(3,315,500)
  Office of the Deputy Director.............................(1,125,500)
  Office Management and Administration......................(5,840,000)
  Office of General Counsel.................................(1,065,000)
  Office of Public Affairs..................................(2,130,000)
  Office of Legislative Affairs...............................(700,000)
  Counterdrug Tech. Assessment Center.........................(760,000)
  Office of Planning and Budget.............................(2,700,000)
  Office of Demand Reduction................................(1,550,000)
  Office of Media Campaign....................................(935,000)
  Office of State and Local Affairs.........................(2,554,000)
  Office of Supply Reduction................................(2,310,000)
  Office of Intelligence......................................(665,000)
Policy Research...............................................1,350,000


                COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

                     (INCLUDING TRANSFER OF FUNDS)

       The conferees agree to provide $42,000,000 for the 
     counterdrug technology center, as proposed by the Senate. Of 
     this amount, the conferees agree to provide $24,000,000 for 
     the operation of the technology transfer program and 
     $18,000,000 for counternarcotics research and development, as 
     proposed by the Senate.
       The conference agreement retains language proposed by the 
     Senate directing the CTAC chief scientist to submit an 
     expenditures report prior to the obligation of funds. The 
     agreement also retains language directing CTAC to complete 
     all on-going technology acquisition projects and adhere to 
     its research and development spending plan, as proposed by 
     the Senate. The conferees agree with language proposed by the 
     Senate directing CTAC to expeditiously obligate all of its 
     research funding in pursuit of functions for which it was 
     appropriated.

                     Federal Drug Control Programs


             HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

       The conferees agree to provide $228,350,000 for the HIDTA 
     program, as proposed by the Senate. Of the funds provided, no 
     more than $2,000,000 shall be for the CPOT program and no 
     less than $2,000,000 shall be for new counties. The conferees 
     agree that HIDTAs designated as of September 30, 2004 shall 
     be funded at no less than the fiscal year 2004 initial 
     allocations, as proposed by the House.
       The conferees encourage ONDCP to refocus the distribution 
     of excess funding on enhancing the domestic interdiction of 
     illegal drugs by launching additional investigations, by 
     disrupting and dismantling local mid-level drug trafficking 
     organizations and by supporting the HIDTA Intelligence 
     Support Centers.


                  OTHER FEDERAL DRUG CONTROL PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

     The conferees agree to provide $213,700,000 for Other Federal 
     Drug Control Programs, instead of $195,000,000 as proposed by 
     the House and Senate. Within the amount provided, the 
     agreement provides the following allocations:

National Youth Anti-Drug Media Campaign....................$120,000,000
Drug Free Communities Support Program........................80,000,000
  Community Anti-Drug Coalitions............................(2,000,000)
Counterdrug Intelligence Executive Secretariat................2,000,000
National Drug Court Institute...................................750,000
National Alliance for Model State Drug Laws...................1,000,000
U.S. Anti-Doping Agency.......................................7,500,000
World Anti-Doping Agency Membership dues......................1,450,000
Performance Measures Development..............................1,000,000

       The conference agreement directs ONDCP to maintain funding 
     for nonadvertising services for the Media Campaign at no less 
     than the FY03 ratio of service funding to total funds and to 
     re-institute the corporate outreach program as it operated 
     prior to its cancellation. The conferees direct ONDCP to 
     obligate the appropriation for NAMSDL expeditiously, although 
     not outside normal grant procedures. In addition, the 
     conferees retain language as proposed by the Senate directing 
     ONDCP to submit the planned performance measures development 
     plan.


                          Unanticipated Needs

       The conference agreement provides $1,000,000 as proposed by 
     both the House and the Senate.


                  Special Assistance to the President

                         Salaries and Expenses

       The conference agreement provides $4,571,000 as proposed by 
     both the House and the Senate, and adopts the header as 
     proposed by the Senate.


                Official Residence of the Vice President

                           Operating Expenses

                     (Including Transfer of Funds)

       The conference agreement provides $333,000 as proposed by 
     both the House and the Senate, and adopts the header as 
     proposed by the Senate.

                     TITLE IV--INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board


                         Salaries and Expenses

       The conference agreement includes $5,686,000 as proposed by 
     the House an Senate.

                     Election Assistance Commission


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $14,000,000 for salaries and expenses of the 
     Commission instead of $15,000,000 as proposed by the House 
     and $10,000,000 as proposed by the Senate. The conferees 
     direct the Commission to cap employment at 22 full time 
     equivalent positions and that of the funds provided, no more 
     than $2,515,000 shall be for personnel compensation and 
     benefits.
       Transfers $2,800,000 to the National Institute of Standards 
     and Technology (NIST) as proposed by the Senate, instead of 
     up to $2,500,000 as proposed by the House. The conferees 
     direct the Commission to report by March 2, 2005 on the 
     activities and resources planned in fiscal year 2005 on 
     research and standards, including those at NIST. In addition, 
     the conferees provide $200,000 for the national student 
     parent mock election and $200,000 for the Help America Vote 
     College Program.
       The conferees did not retain the provision proposed by the 
     House prohibiting funds from being used to lobby for an 
     election date change. However, the conferees agree that the 
     Commission should focus its efforts and resources on the 
     priorities outlined in the Help America Vote Act of 2002 such 
     as making grants and setting standards.

                      Federal Election Commission


                         SALARIES AND EXPENSES

       Appropriates $52,159,000 for salaries and expenses of the 
     Commission as proposed by both the House and the Senate.

                   Federal Labor Relations Authority


                         Salaries and Expenses

       Appropriates $25,673,000 for salaries and expenses as 
     proposed by the Senate, instead of $29,673,000 as proposed by 
     the House.

[[Page H10821]]

                               RESCISSION

       Rescinds $3,000,000 from unobligated balances of the 
     Authority as proposed by the Senate. The House did not 
     include a similar provision.

                      Federal Maritime Commission


                         Salaries and Expenses

       The conference agreement includes $19,496,000 as proposed 
     by the Senate, instead of $19,362,000 as proposed by the 
     House.

                    General Services Administration

                        Real Property Activities


                         federal buildings fund

                 limitations on availability of revenue

                     (including transfer of funds)

       Provides resources from the Federal Buildings Fund in the 
     aggregate amount of $7,217,043,000 instead of $6,996,741,000 
     as proposed by the House and $7,159,324,000 as proposed by 
     the Senate. Modifies the provision proposed by the Senate 
     regarding a Federal building in Tuscaloosa, Alabama to 
     include authorization for construction and management. The 
     House did not have a similar provision.


                              CONSTRUCTION

        Limits funds for construction to $708,542,000 instead of 
     $522,251,000 as proposed by the House and $710,823,000 as 
     proposed by the Senate. The conference agreement provides 
     funds for the following projects:

Courthouses:
  Los Angeles, CA..........................................$314,385,000
  San Diego, CA...............................................3,068,000
  El Paso, TX................................................63,462,000
  Las Cruces, NM.............................................60,600,000
Border Stations:
  Calais, ME..................................................3,269,000
  Madawaska, ME...............................................1,760,000
  Warroad, MN.................................................1,837,000
  Alexandria Bay, NY..........................................8,884,000
  Massena, NY................................................15,000,000
  Dunseith, ND................................................2,301,000
  Portal, ND.................................................22,351,000
  Del Norte, El Paso, TX.....................................26,191,000
  Ysleta, El Paso, TX.........................................2,491,000
  Derby Line, VT..............................................3,190,000
  Norton, VT....................................................580,000
  Richford, VT..................................................589,000
Other:
  FBI Building, Los Angeles, CA..............................14,054,000
  Southeast Federal Center Site Remediation, DC...............2,650,000
  10 West Jackson Place, Chicago, IL.........................53,170,000
  FDA Consolidation, Montgomery County, MD...................88,710,000
  Nonprospectus Construction.................................10,000,000
  Judgment Fund repayment....................................10,000,000


                        REPAIRS AND ALTERATIONS

       Limits resources for repairs and alterations to 
     $980,222,000 as proposed by the Senate instead of 
     $931,211,000 as proposed by the House. The bill specifies 
     funding levels for certain projects and various programs 
     which were proposed in the House and Senate bills. The 
     conferees have provided $2,000,000 for the steam distribution 
     project in the District of Columbia as proposed by the House 
     and modified the amount provided for design to $48,699,000 
     and the amount provided for basic repairs and alterations to 
     $393,500,000.


                    INSTALLMENT ACQUISITION PAYMENTS

        Limits $161,442,000 for installment acquisition payments 
     as proposed by both the House and the Senate.


                            RENTAL OF SPACE

       Limits $3,657,315,000 for rental of space instead of 
     $3,672,315,000 as proposed by the House and $3,597,315,000 as 
     proposed by the Senate.


                          BUILDING OPERATIONS

       Limits $1,709,522,000 for building operations as proposed 
     by both the House and the Senate.

                           General Activities


                         GOVERNMENT-WIDE POLICY

       Appropriates $62,100,000 for government-wide policy 
     activities as proposed by both the House and the Senate.


                           OPERATING EXPENSES

       Appropriates $92,175,000 for operating expenses instead of 
     $82,175,000 as proposed by the House and $85,175,000 as 
     proposed by the Senate. Of the funds provided, the conferees 
     direct GSA to make the following distributions:

Ruffner Mountain Educational Facility, AL......................$500,000
Center for the Living Arts, AL..................................500,000
Alaska statehood celebration University of Alaska...............250,000
Way of a Champion, VA...........................................200,000
Washington State Border Communities Prosecution Initiative....1,000,000
University of North Dakota Government Services Rural Outreach...300,000
Walla Walla, WA surplus Federal property study..................250,000
City of Maryville, MO for airport improvements..................450,000
Web Wise Kids...................................................200,000
American Revolution Historical Literacy Project.................700,000
City of Desert Hot Springs Civic Center, CA.....................425,000
Oklahoma City National Memorial Foundation....................3,000,000
Public Service Recognition Week.................................150,000
B&O Railroad Museum Restoration, MD.............................500,000
Center for Jewish History digitization project, NY..............500,000
San Francisco, CA Muni Radio Replacement System.................750,000
Kings County Hospital Redevelopment, NY.........................500,000
Aviation Education, NH Community Technical College, Nashua, NH..500,000


                      OFFICE OF INSPECTOR GENERAL

       Appropriates $42,351,000 for the Inspector General as 
     proposed by both the House and the Senate.


                       ELECTRONIC GOVERNMENT FUND

                     (including transfer of funds)

       Appropriates $3,000,000 for e-gov activities as proposed by 
     the Senate instead of $5,000,000 as proposed by the House.


           ALLOWANCEs AND OFFICE STAFF FOR FORMER PRESIDENTS

                     (including transfer of funds)

       Appropriates $3,106,000 for former presidents as proposed 
     by the Senate instead of $3,449,000 as proposed by the House.


                   EXPENSES, PRESIDENTIAL TRANSITION

       Due to the outcome of the 2004 Presidential election, no 
     funds are needed for these purposes in fiscal year 2005. The 
     conferees have not provided additional funds proposed by the 
     House for activities associated with the President's second 
     term. The resources for these activities should be funded out 
     of the agencies and departments as necessary.


          GENERAL PROVISIONS--GENERAL SERVICES ADMINISTRATION

                    (INCLUDING RESCISSION OF FUNDS)

        Continues six general provisions proposed by both the 
     House and the Senate and carved in prior Acts.
       Retains the provision regarding the sale of the Middle 
     River Depot at Middle River, Maryland in consultation with 
     Baltimore County, Maryland officials as proposed by the 
     Senate. The House contained a similar provision without the 
     Baltimore County provision.
        Retains the provision regarding contracts for property 
     studies, deed inspection, and relocation expenses as proposed 
     by both the House and the Senate.
       Retains the provision rescinding $106,000,000 from the 
     Federal Buildings Fund as proposed by the Senate. The House 
     did not include a similar provision.
        Retains the provision regarding changes to the Moss United 
     States Courthouse Annex Project in Salt Lake City, Utah as 
     proposed by the Senate. The House did not include a similar 
     provision.
       Deletes the provision proposed by the Senate regarding 
     transfer of the Panama Canal Commission and associated 
     revolving fund to GSA. The House did not include a similar 
     provision and transfer was legislated in a prior Act.
        Retains the provision regarding the conveyance of land to 
     Baton Rouge, Louisiana as proposed by the Senate. The House 
     did not include a similar provision.
       Retains the provision allowing GSA to convey property and 
     retain the proceeds in the Federal Buildings Fund as proposed 
     by the House. The Senate did not include a similar provision.
       Retains the provision regarding the conveyance of land in 
     Nahant, Massachusetts as proposed by the House. The Senate 
     did not include a similar provision.
       Retains the provision regarding telecommunications services 
     in Federal buildings as proposed by the Senate. The House did 
     not include a similar provision.

                     Merit Systems Protection Board


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $34,677,000, plus $2,626,000 from appropriate 
     trust funds, for salaries and expenses of the Board as 
     proposed by the Senate. The House proposed a funding level of 
     $34,683,000, and a transfer of $2,620,000 from the trust 
     funds.

 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)

       The conference agreement provides $1,996,000 for the Morris 
     K. Udall Trust Fund, as proposed by the Senate.


                 ENVIRONMENTAL DISPUTE RESOLUTION FUND

        The conference agreement provides $1,309,000 for the 
     Environmental Dispute Resolution Fund, as proposed by the 
     Senate.

              National Archives and Records Administration


                           OPERATING EXPENSES

        Appropriates $266,945,000 for operating expenses of the 
     Administration as proposed by the Senate instead of 
     $264,185,000 as proposed by the House.


                      ELECTRONIC RECORDS ARCHIVES

       Appropriates $35,914,000 for the electronic records 
     archives as proposed by both the House and the Senate. 
     Retains the directive to GAO to report on program costs, 
     schedule, and performance by May 25, 2005.


                        REPAIRS AND RESTORATION

        Appropriates $13,432,000 for repairs and restoration 
     instead of $7,182,000 as proposed by the House and 
     $12,182,000 as proposed by the

[[Page H10822]]

     Senate. Retains bill language providing $3,000,000 for site 
     preparation and construction management for the Pacific 
     Alaska Regional Archives facility in Anchorage, Alaska and 
     $2,000,000 for repair and restoration of the plaza of the 
     Lyndon Baines Johnson Presidential Library in Austin, Texas.
       The conferees reiterate the concern about the delay in 
     repairing the plaza as stated in the Senate report. The 
     conferees direct the Archivist to require the President of 
     the University of Texas in Austin to submit a plan, including 
     project milestones, for plaza repair prior to any transfer of 
     funds to the University of Texas.
       ln addition, the conferees direct $500,000 for technical 
     assistance to the Nixon Library in California, $750,000 for 
     technical assistance to the Roosevelt Library in New York, 
     and $1,000,000 for design and renovations to the Kennedy 
     Library in Massachusetts.


NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION--GRANTS PROGRAM

        Appropriates $5,000,000 for the grant program as proposed 
     by the Senate instead of $3,000,000 as proposed by the House.

                  National Transportation Safety Board


                         SALARIES AND EXPENSES

        The conferees agree to provide $76,700,000 instead of 
     $76,925,000 as proposed by the House and $76,425,000 as 
     proposed by the Senate. Consistent with both the House and 
     Senate, the conferees direct NTSB to use funds over the 
     requested level to hire accident investigators. None of these 
     additional funds shall be used to enhance staffing at the 
     Academy. The conferees direct NTSB to report to both the 
     House and Senate Committees on Appropriations by April 4, 
     2005 regarding specific improvements to the budget 
     justification materials the Board has made and will make in 
     compliance with the directive contained in the statement of 
     managers associated with the fiscal year 2004 Transportation 
     and Treasury and Independent Agencies Appropriations Act.


                              (RESCISSION)

       The conferees agree to rescind $8,000,000 in unobligated 
     balances associated with Public Law 106-246 as proposed by 
     both the House and Senate.

                      Office of Government Ethics


                         SALARIES AND EXPENSES

       Appropriates $11,238,000 for salaries and expenses of the 
     Office as proposed by both the House and the Senate.

                     Office of Personnel Management


                         salaries and expenses

                  (including transfer of trust funds)

       Appropriates $125,500,000 for salaries and expenses instead 
     of $120,444,000 as proposed by the House and $130,600,000 as 
     proposed by the Senate. Transfers a total of $128,462,000 
     from appropriate trust funds for administrative expenses, of 
     which $27,640,000 is for automated record keeping, as 
     proposed by both the House and the Senate.
       The conferees have not included bill language identifying 
     specific resource levels for various e-gov projects as 
     proposed by both the House and the Senate, but direct the 
     Office not to exceed the funding levels for the following 
     projects: $1,870,000 for the enterprise human resources 
     integration project, $6,219,000 for the federal payroll 
     project, $748,000 for the e-human resources information 
     system project, and $1,887,000 for the e-clearance project. 
     To accommodate the obligation rate of these projects, the 
     conference agreement provides that $12,000,000 of the funds 
     are made available until September 30, 2007. No funds are 
     provided for the recruitment one stop project or the program 
     evaluation and performance assessment project.
       In addition, the conference agreement provides $250,000 to 
     complete the retirement readiness project. The conferees urge 
     the Office to expand the retirement readiness project to non-
     federal employees.
       Of the funds provided, the conference agreement allows the 
     Director the flexibility to allocate the budget resources 
     consistent with the direction provided in this statement of 
     the managers and the budget justifications. The conferees 
     reiterate the direction in the House report to submit an 
     operating plan within 60 days of enactment of this Act to the 
     House and Senate Committees on Appropriations detailing 
     program funding levels for fiscal year 2005.
       Reiterates the House direction to the Director to respond 
     to the Butner Low Security Correctional Institution petition 
     within 30 days of enactment of this Act.
       Modifies the House direction regarding pay and non-pay 
     compensation of the Federal workforce. The conferees direct 
     the Director to submit a report by March 4, 2005 comparing 
     the pay and non-pay compensation packages of the Federal 
     workforce and the private sector.
        The conferees share the concerns expressed by the Senate 
     regarding child care and expect OPM and GSA, with technical 
     assistance from GAO, to work collaboratively to collect data 
     on child care needs, analyze options to meet the identified 
     needs, and provide the data and analysis to GAO. The 
     conferees direct GAO to review the data and analyses and 
     provide an evaluation of the results to the Committees on 
     Appropriations. The conferees expect an update on the status 
     of these efforts 90 days after enactment of this Act. In 
     addition, the conferees reiterate the Senate direction to the 
     Office to re-evaluate efforts to inform low-income employees 
     of programs to assist with child care expenses.


                      Office of Inspector General

                         Salaries and expenses

                  (including transfer of trust funds)

       Appropriates $1,627,000, plus a transfer of $16,461,000 
     from appropriate trust funds for the Inspector General as 
     proposed by both the House and the Senate.


      Government Payment for Annuitants, Employees Health Benefits

       Appropriates such sums as may be necessary for health 
     benefit payments, estimated to be $8,135,000,000, as proposed 
     by both the House and the Senate.


      Government Payment for Annuitants, Employees Life Insurance

       Appropriates such sums as may be necessary for life 
     insurance payments, estimated to be $35,000,000 as proposed 
     by both the House and the Senate.


        Payment to Civil Service Retirement and Disability Fund

       Appropriates such sums as may be necessary for the fund, 
     estimated to be $9,772,000,000, as proposed by both the House 
     and the Senate.


                     Human Capital Performance Fund

       No funds are provided for the performance fund as proposed 
     by the Senate, instead of $12,514,000 as proposed by the 
     House.


           General Provision--Office of Personnel Management

       Retains the provision regarding the detail of executive 
     branch employees to the legislative branch as a general 
     provision under title VI as proposed by the House, instead of 
     under OPM as proposed by the Senate.

                       Office of Special Counsel


                         Salaries and Expenses

        Appropriates $15,449,000 for salaries and expenses of the 
     Counsel as proposed by both the House and the Senate.

                      United States Postal Service


                   payment to the postal service fund

       The conference agreement provides $90,709,000 for the 
     payment to the Postal Service Fund, as proposed by the 
     Senate. Of this amount, $61,709,000 is provided as an advance 
     appropriation for free mail for the blind and overseas voters 
     to be available on October 1, 2005. The agreement also 
     includes $29,000,000 for repayment for revenue forgone.


                         emergency preparedness

       The conference agreement provides $507,000,000 for 
     emergency expenses to enable the Postal Service to protect 
     postal employees and postal customers from exposure to 
     hazardous materials in the mail, as proposed by the Senate. 
     Of this amount, $7,000,000 is specified as an emergency 
     requirement for the mail irradiation facility in Washington, 
     D.C.

                        United States Tax Court


                         Salaries and Expenses

       The conference agreement includes $41,180,000 as proposed 
     by the House and Senate.

                      TITLE V--GENERAL PROVISIONS

                                This Act


                     (Including Transfers of Funds)

       Section 501 permits funds for pay raises for programs 
     funded in this Act, with a technical change as proposed by 
     the Senate. The House bill contained a similar provision.
       Section 502 prohibits funds to be used for the planning or 
     execution of any program to pay the expenses of non-Federal 
     parties, as proposed by the House and Senate.
       Section 503 prohibits funds from remaining available for 
     obligation beyond the current fiscal year unless expressly 
     provided in this Act, as proposed by the House and Senate.
        Section 504 limits consulting service expenditures in 
     procurement contracts to those of public record, as proposed 
     by the House and Senate.
       Section 505 prohibits funds from being transferred to any 
     department, agency, or instrumentality of the United States 
     Government unless approved in an appropriations Act, as 
     proposed by the House and Senate.
       Section 506 prohibits funds for paying the salary of any 
     government employee that would prohibit the enforcement of 
     section 307 of the Tariff Act of 1930, as proposed by the 
     House and Senate.
       Section 507 protects the employment rights of Federal 
     employees who return to their civilian jobs after assignment 
     with the Armed Forces, as proposed by the House and Senate.
       Section 508 prohibits funds from being provided to entities 
     that fail to comply with sections 2 through 4 of the Buy 
     America Act, as proposed by the House and Senate.
       Section 509 prohibits the use of funds by any person or 
     entity that has been convicted of violating the Buy America 
     Act, as proposed by the House and Senate.
       Section 510 modifies provisions proposed by the House and 
     Senate related to the reprogramming process for agencies 
     funded in this Act.
       Section 511 provides that fifty percent of unobligated 
     balances of funds provided in this Act remain available 
     through fiscal year 2006, as proposed by the House and 
     Senate.
       Section 512 prohibits funds to be used by the Executive 
     Office of the President to request official background 
     investigation reports from the Federal Bureau of 
     Investigations, as proposed by the House and Senate.
       Section 513 exempts contracts under the Federal Employees 
     Health Benefits Program from certain cost accounting 
     standards, as proposed by the House and Senate.

[[Page H10823]]

       Section 514 permits OPM to accept funds regarding the non-
     foreign area cost of living allowance program, as proposed by 
     the House and Senate.
       Section 515 prohibits Federal Employee Health Benefit 
     Program funds from being used to cover an abortion, as 
     proposed by the House.
       Section 516 states that section 515 shall not apply when 
     the life of the mother is endangered, or the pregnancy is the 
     result of rape or incest, as proposed by the House.
       Section 517 waives the Buy America Act provision for 
     Federal information technology purchases, as proposed by the 
     Senate.
       Section 518 requires all Federal agencies to consult with 
     Alaska Native corporations pursuant to Executive Order 13175, 
     as proposed by the Senate.
       Section 519 prohibits the use of funds for a proposed rule 
     relating to the determination of real estate brokerage as a 
     financial activity.
       Section 520 amends the Securities Exchange Act of 1934 in 
     regard to the Tennessee Valley Authority. The Senate included 
     a similar provision.
       Section 521 amends section 307 of the Denali Commission Act 
     of 1998, as proposed by the Senate.
       Section 522 requires each agency to establish a Chief 
     Privacy Officer, to assume primary responsibility for privacy 
     and data protection policy, as proposed by the Senate.
       Section 523 prohibits funds for the essential air service 
     local participation program, as proposed by the House and 
     Senate.
       Section 524 prohibits funds to produce an economic report 
     including retail fast food employment under the definition of 
     manufacturing employment, as proposed by the House.
       Section 525 amends section 302 of the Federal Election 
     Campaign Act of 1971, as proposed by the Senate.
       Section 526 amends the Former Presidents Act to allow 
     amounts provided for ``Allowances and office staff for former 
     Presidents'' to be used for the review of Presidential 
     records in connection with the transfer of such records to 
     the National Archives and Records Administration, as proposed 
     by the Senate.
       Section 527 allows funds made available for various 
     Buffalo, New York transit projects to be made available for 
     the Buffalo Inner Harbor Redevelopment Project.
       Section 528 allows funds made available for the Charleston 
     Area Regional Transportation Authority to be made available 
     for other transit purposes.
       Section 529 allows funds made available for Tri-Met 
     Interstate light rail extension to allow acquisition of up to 
     a total of twenty-four light rail vehicles.
       Section 530 extends an expiring statute exempting transit 
     vehicle axle weight.
       Section 531 allows amounts made available to North Country 
     County Consortium JARC, New York, in fiscal year 2004 to be 
     made available for North Country Bus and Bus Related 
     Equipment.
       Section 532 amends section 312 of the Federal Election 
     Campaign Act of 1971, as proposed by the Senate.
       Section 533 allows for 10% transfer authority among certain 
     offices of the Executive Office of the President.

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

       Section 601 authorizes funds to be used for travel to the 
     United States for the immediate families of Federal employees 
     assigned to foreign duty in the event of a death or a life 
     threatening illness of the employee, as proposed by the House 
     and Senate.
       Section 602 requires agencies to administer a written 
     policy designed to ensure that all of its workplaces are free 
     from the illegal use of controlled substances, as proposed by 
     the House and Senate.
       Section 603 limits the amount allowed per fiscal year for 
     the purchase of any passenger motor vehicle to be purchased 
     by the Federal Government, as proposed by the House and 
     Senate.
       Section 604 allows funds to be used for expenses of travel 
     for quarters allowances and cost-of-living allowances, as 
     proposed by the House and Senate.
       Section 605 prohibits the government, with certain 
     exceptions, from employing non-U.S. citizens whose posts of 
     duty would be in the continental U.S. as proposed by the 
     House and Senate.
       Section 606 ensures that agencies will have authority to 
     pay GSA bills for space renovation and other services, as 
     proposed by the House and Senate.
       Section 607 authorizes agencies to receive and use funds 
     resulting from the sale of materials, and Federal records 
     disposed of pursuant to a records schedule recovered through 
     recycling or waste prevention programs, as proposed by the 
     House and Senate.
       Section 608 permits funds to be used for administrative 
     expenses of the corporations and agencies subject to chapter 
     91 of title 31, U.S.C. shall be available for rent in the 
     District of Columbia, as proposed by the House and Senate.
       Section 609 prohibits funds to be used to pay any person 
     filling a position which he or she has been nominated after 
     the Senate has voted not to approve the nomination, as 
     proposed by the House and Senate.
       Section 610 prohibits funds to be used for interagency 
     financing of boards (except Federal Executive Boards) that do 
     not have prior statutory approval, as proposed by the House 
     and Senate.
       Section 611 allows funds to be available to the Postal 
     Service Fund for employment of guards for all buildings and 
     areas owned or occupied by the Postal Service, as proposed by 
     the House and Senate.
       Section 612 prohibits funds from being used for any 
     regulation that has been disapproved pursuant to a 
     resolution, as proposed by the House and Senate.
       Section 613 limits the pay increases of certain prevailing 
     rate employees described in section 5342 (a)(2)(A) of title 
     5, United States Code, as proposed by the House and Senate.
       Section 614 prohibits funds from being obligated or 
     expended in excess of $5,000 to furnish or redecorate the 
     office of the head of any department or agency, as proposed 
     by the House and Senate.
       Section 615 permits funds to be used for interagency 
     funding of national security and emergency preparedness 
     telecommunications initiatives benefiting Federal agencies, 
     as proposed by the House and Senate.
       Section 616 prohibits funds to be used for the salaries and 
     expenses of any employee appointed to a position without a 
     certification to the Office of Personnel Management from an 
     agency employing a Schedule C appointee that was created 
     solely to detail the employee to the White House, as proposed 
     by the House and Senate.
       Section 617 requires agencies to administer a written 
     policy designed to ensure that the workplace is free from 
     discrimination and sexual harassment, as proposed by the 
     House and Senate.
       Section 618 prohibits the payment of any employee who 
     prohibits, threatens or prevents another employee from 
     communicating with Congress, as proposed by the House and 
     Senate.
       Section 619 prohibits Federal training not directly related 
     to the performance of official duties, as proposed by the 
     House and Senate.
       Section 620 prohibits the expenditure of funds for 
     implementation of agreements in nondisclosure policies unless 
     certain provisions are included, as proposed by the House and 
     Senate.
       Section 621 prohibits propaganda, publicity and lobbying by 
     executive agency personnel in support or defeat of 
     legislative initiatives, as proposed by the House and Senate.
       Section 622 prohibits any Federal agency from disclosing 
     any employee's home address to any labor organization, absent 
     employee authorization or court order, as proposed by the 
     House and Senate.
       Section 623 prohibits funds from being used to provide non-
     public information such as mailing or telephone lists to any 
     person or organization outside the government, as proposed by 
     the House and Senate.
        Section 624 prohibits the use of funds for propaganda or 
     publicity purposes not authorized by Congress, as proposed by 
     the House and Senate.
       Section 625 directs agency employees to use official time 
     in an honest effort to perform official duties, as proposed 
     by the House and Senate.
        Section 626 authorizes that funds be available to finance 
     an appropriate share of the Joint Financial Management 
     Improvement Program administrative costs, as proposed by the 
     House and Senate.
       Section 627 authorizes agencies to transfer funds to GSA to 
     finance an appropriate share of the Joint Financial 
     Management Improvement Program, as proposed by the House and 
     Senate.
        Section 628 prohibits Federal funds from being used to 
     prohibit any agency from independently contracting with 
     private companies to provide online applications and 
     processing services.
       Section 629 permits breast-feeding in a Federal building or 
     on Federal property if the woman and child are authorized to 
     be there, as proposed by the House and Senate.
       Section 630 permits interagency funding of specific 
     projects of the National Science and Technology Council, as 
     proposed by the House and Senate.
        Section 631 requires documents involving the distribution 
     of Federal funds to indicate the agency providing the funds 
     and the amount provided, as proposed by the House and Senate.
       Section 632 amends subsection (f) of section 403 of Public 
     Law 103-356 by striking ``October 1, 2004'' and inserting 
     ``October 1, 2005'', as proposed by the House and Senate.
        Section 633 prohibits the use of funds to monitor personal 
     information relating to the use of Federal internet sites, or 
     to collect, review, or create any aggregate list that 
     includes personally identifiable information relating to 
     access to or use of any Federal Internet site, as proposed by 
     the House and Senate.
       Section 634 requires health plans participating in the 
     FEHBP to provide contraceptive coverage and provides 
     exemption for certain religious plans, as proposed by the 
     House and Senate.
        Section 635 recognizes the U.S. Anti-Doping Agency as the 
     official anti-doping agency of the Olympic, Pan American, and 
     Paralympic sport in the U.S, as proposed by the House and 
     Senate.
        Section 636 allows funds appropriated for official travel, 
     if consistent with OMB Circular A-126, to participate in the 
     fractional aircraft ownership pilot program, as proposed by 
     the House and Senate.
       Section 637 restricts Federal purchases from Federal Prison 
     Industries, Inc. unless the agency determines such purchase 
     provides the best value to the agency.
       Section 638 prohibits funds to be used to implement or 
     enforce restriction on the

[[Page H10824]]

     Coast Guard Congressional Fellowship Program or relating to 
     the detail of Executive Branch employees to the Legislative 
     Branch, as proposed by the House and Senate.
       Section 639 relates to the agency management of government 
     charge cards, as proposed by the House and Senate.
       Section 640 states that the pay rate adjustment that takes 
     effect in fiscal year 2005 should be a rate increase of 3.5% 
     beginning the pay period on or after January 1, 2005, as 
     proposed by the House and Senate.
        Section 641 requires a report on articles purchased by 
     agencies that were manufactured outside of the United States, 
     as proposed by the Senate.
       Section 642 restricts the use of funds for federal law 
     enforcement training facilities, as proposed by the Senate.
       Section 643 amends 26 U.S.C. 6402 regarding offset 
     procedures for the collection of past due, legally 
     enforceable state unemployment compensation debts, as 
     proposed by the Senate.
       Section 644 modifies a provision as proposed by the Senate 
     to ensure the continued operation of the Midway Atoll 
     Airfield. The conference agreement authorizes necessary 
     intergovernmental funding transfers for the continued 
     operation of the airfield and requires the Director of OMB to 
     initiate such transfers so as to ensure the continuous, 
     uninterrupted operation of the airfield. The conferees would 
     welcome the receipt of any information from the Director as 
     to whether certain capital investments on Midway Island might 
     serve to lower the annual operating costs of the airfield.
       Section 645 designates the courthouse at 95 Seventh Street 
     in San Francisco, California as the ``James R. Browning 
     United States Courthouse''.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2004 amount, the 2005 
     budget estimates, and the House and Senate bills for 2005 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2004.......$46,141,907
Budget estimates of new (obligational) authority, fiscal year43,748,430
House bill, fiscal year 2005.................................43,540,159
Senate bill, fiscal year 2005................................44,052,003
Conference agreement, fiscal year 2005.......................43,993,116
Conference agreement compared with:....................................
  New budget (obligational) authority, fiscal year 2004......-2,148,791
  Budget estimates of new (obligational) authority, fiscal year+244,686
  House bill, fiscal year 2005.................................+452,957
  Senate bill, fiscal year 2005.................................-58,887

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

       The language and allocations set forth in House Report 108-
     674 and Senate Report 108-353 should be complied with unless 
     specifically addressed to the contrary in the conference 
     report and statement of the managers. Report language 
     included by the House which is not changed by the report of 
     the Senate or the conference and Senate report language which 
     is not changed by the conference is approved by the committee 
     of the conference. The statement of the managers, while 
     repeating some report language for emphasis, does not intend 
     to negate the language referred to above unless expressly 
     provided herein. In cases where the House or Senate have 
     directed the submission of a report, such report is to be 
     submitted to both House and Senate Committees on 
     Appropriations.

                Operating Plan Reprogramming Procedures

       The conferees continue to have a particular interest in 
     being informed of reprogrammings which, although they may not 
     change either the total amount available in an account or any 
     of the purposes for which the appropriation is legally 
     available, represent a significant departure from budget 
     plans presented to the Committees in an agency's budget 
     justifications, the basis of this appropriations Act.
       Consequently, the conferees direct the departments, 
     agencies, boards, commissions, corporations and offices 
     funded at or in excess of $100,000,000 in this Act, to 
     consult with the Committee on Appropriations in both the 
     House and Senate prior to each change from the approved 
     budget levels in excess of $500,000 between programs, 
     activities, object classifications or elements unless 
     otherwise provided for in the statement of the managers 
     accompanying this Act. For agencies, boards, commissions, 
     corporations and offices funded at less than $100,000,000 in 
     this Act, the reprogramming threshold shall be $250,000 
     between programs, activities, object classifications or 
     elements unless otherwise provided for in the statement of 
     the managers accompanying this Act. Additionally, the 
     conferees expect the Committees on Appropriations to be 
     promptly notified of all reprogramming actions which involve 
     less than the above-mentioned amounts. If such actions would 
     have the effect of significantly changing an agency's funding 
     requirements in future years, or if programs or projects 
     specifically cited in the statement of the managers or 
     accompanying reports of the House and Senate are affected by 
     the reprogramming, the reprogramming must be approved by the 
     Committees on Appropriations regardless of the amount 
     proposed to be moved. Furthermore, the conferees direct that 
     the Committees on Appropriations be consulted regarding 
     reorganizations of offices, programs, and activities prior to 
     the planned implementation of such reorganizations.
       The conferees also direct that the Departments of Veterans 
     Affairs and Housing and Urban Development, as well as the 
     Corporation for National and Community Service, the 
     Environmental Protection Agency, the National Aeronautics and 
     Space Administration, the National Science Foundation, the 
     Consumer Product Safety Commission, and the Chemical Safety 
     and Hazard Investigation Board shall submit operating plans, 
     signed by the respective secretary, administrator, or agency 
     head, for review by the Committees on Appropriations of both 
     the House and Senate within 60 days of enactment of this Act. 
     Other agencies within this Act should continue to submit 
     operating plans consistent with prior year policy, or as 
     directed in this statement of the managers.
       The conferees reiterate the Committees' longstanding 
     position that while the Committees reserve the right to call 
     upon all offices in the departments, agencies, boards, and 
     commissions, access to the budget offices is essential and 
     shall in no way be hindered.

                TITLE I--DEPARTMENT OF VETERANS AFFAIRS

       In addition to the directives above, the conferees direct 
     that no changes may be made to any account or objective, 
     except as approved by the Committees, if it is construed to 
     be policy or change in policy. It is the intent of the 
     conferees that all carryover funds in the various 
     appropriations accounts are subject to the normal 
     reprogramming requirements outlined above. The Department is 
     directed to notify the Committees on Appropriations should 
     the loan limitation of any program administered by the 
     Department be met or exceeded.

                    Veterans Benefits Administration


                       compensation and pensions

                     (including transfer of funds)

       Appropriates $32,607,688,000 for compensation and pensions 
     as proposed by both the House and the Senate, of which not 
     more than $20,703,000 is to be transferred to general 
     operating expenses and medical services for reimbursement of 
     necessary expenses in implementing the Omnibus Budget 
     Reconciliation Act of 1990 and the Veterans' Benefits Act of 
     1992.


                         readjustment benefits

       Appropriates $2,556,232,000 for readjustment benefits as 
     proposed by both the House and the Senate.


                   veterans insurance and idemnities

       Appropriates $44,380,000 for veterans insurance and 
     indemnities as proposed by both the House and the Senate.


         veterans housing benefit program fund program account

                     (including transfer of funds)

       Appropriates such sums as may be necessary for costs 
     associated with direct and guaranteed loans from the veterans 
     housing benefit program fund program account as proposed by 
     both the House and the Senate, limits obligations for direct 
     loans to not more than $500,000 and provides that 
     $154,075,000 is to be transferred to and merged with general 
     operating expenses.


            vocational rehabilitation loans program account

                     (including transfer of funds)

       Appropriates $47,000 for the costs of direct loans from the 
     vocational rehabilitation loans program account as proposed 
     by both the House and the Senate, plus $311,000 to be 
     transferred to and merged with general operating expenses. 
     Provides for a direct loan limitation of $4,108,000.
       The conferees direct the Department to monitor carefully 
     the program's loan activity and notify the Committees on 
     Appropriations of the House and Senate during the year if it 
     determines that it may exceed the loan level amount.


          native american veteran housing loan program account

                     (including transfer of funds)

       Appropriates $571,000 for administrative expenses of the 
     Native American veteran housing loan program account to be 
     transferred to and merged with general operating expenses as 
     proposed by both the House and the Senate. Provides a loan 
     limitation of $50,000,000 for the program as proposed by both 
     the House and the Senate.


  guaranteed transitional housing loans for homeless veterans program 
                                account

       Provides up to $750,000 of the funds available in medical 
     administration and general operating expenses to carry out 
     the guaranteed transitional housing loans for homeless 
     veterans program as proposed by the House instead of $600,000 
     as proposed by the Senate.

                     Veterans Health Administration

       The conferees have agreed to provide total resources of 
     $30,330,370,000 to fund the various operating programs of the 
     Veterans

[[Page H10825]]

     Health Administration (VHA), an increase of $1,195,000,000 
     over the appropriation request level. None of the funds are 
     contingent upon an emergency declaration as proposed by the 
     Senate. Further, the conferees have agreed to fund VHA 
     through the new account structure started in fiscal year 
     2004, comprised of four accounts: medical services, medical 
     administration, medical facilities, and medical and 
     prosthetic research. The conferees continue to believe this 
     account structure will provide better oversight and achieve a 
     more accurate accounting of funds.


                            medical services

                     (including transfers of funds)

       Provides $19,472,777,000 to finance medical services for 
     all veterans and beneficiaries in VA, State, and contract 
     medical facilities.
       Retains bill language making $1,100,000,000 available until 
     September 30, 2006, as proposed by both the House and the 
     Senate.
       Retains bill language providing the Secretary with the 
     authority to establish a priority system for veterans seeking 
     medical care as proposed by both the House and the Senate.
       Retains bill language allowing the Secretary to give 
     priority to medical services for priority 1-6 veterans, as 
     proposed by both the House and the Senate.
       Retains bill language allowing the transfer of up to 
     $400,000,000 to the construction, major projects account for 
     the purposes of implementing Capital Asset Realignment for 
     Enhanced Services (CARES) recommendations. The conferees 
     direct the VA to notify the Committees on Appropriations 
     prior to the transfer of funds for this purpose as stated in 
     Senate Report 108-353.
       Modifies bill language proposed by the House, allowing the 
     transfer of up to $125,000,000 to general operating expenses 
     for Veterans Benefits Administration claims processing. The 
     conferees direct the Secretary to notify the Committees on 
     Appropriations of the House and Senate prior to any transfer.
       Retains bill language proposed by both the House and the 
     Senate, allowing the Secretary to fill privately written 
     prescriptions from VA facilities for designated veterans. The 
     conferees agree that such benefit should not result in 
     additional cost to the VA.
       Retains bill language proposed by both the House and 
     Senate, providing $15,000,000 for the DoD/VA Health Care 
     Sharing Incentive Fund.
       The conferees are in agreement that the Department shall 
     submit a report on the steps, funds, and staff assigned to 
     improving the transition from DoD to VA for service members 
     returning from conflicts in the Middle East and other areas. 
     The report is to be submitted no later than March 15, 2005.
       The conferees direct the continuation of the Joslin Vision 
     Network at no less than the current level and encourage the 
     VA to establish new pilot sites for the Network.
       The conferees agree with the Senate direction that the 
     Department shall report on the number and location of 
     training slots for psychologists for post-doctoral training. 
     The report is to be submitted to the House and Senate 
     Committees on Appropriations by no later than February 4, 
     2005.
       Retains the Senate provision providing $20,000,000 for a 
     new Prosthetics and Integrative Health Care Initiative. This 
     new initiative will ensure that returning war veterans with 
     loss of limbs and other very severe and lasting injuries have 
     access to the best of both modern medicine and integrative 
     holistic therapies for rehabilitation, and will ensure 
     continuity of care for veterans who transition from the DOD 
     health system, including the Amputee Center at Walter Reed 
     Army Medical Center. The Department is directed to report to 
     the Committees on Appropriations of the House and Senate on 
     the status of this new initiative by February 4, 2005.
       Retains the Senate provision directing the VA to: (1) 
     establish an advisory committee on complementary medicine; 
     and (2) implement the recommendations of the White House 
     Commission on Complementary and Alternative Medicine. The VA 
     should report to the Committees on Appropriations of the 
     House and Senate on the status of these issues by February 4, 
     2005.
       The conferees direct the VA to comply with all 
     recommendations of the August 11, 2004, report by the 
     Inspector General regarding issues at the Bay Pines VA 
     Medical Center in Florida, and to report to the Committees on 
     Appropriations of the House and Senate detailing progress in 
     this matter by February 4, 2005.


                         medical administration

       Appropriates $4,705,000,000, as proposed by both the House 
     and Senate, for the expenses of the headquarters offices of 
     the Veterans Health Administration as well as the costs of 
     Veterans Integrated Service Network (VISN) offices and 
     facility directors, all information technology hardware and 
     software, legal services, billing and coding activities, 
     procurement, and related activities.
       Includes language allowing $250,000,000 of the funds to be 
     available until September 30, 2006.
       The conferees direct the Secretary to look at integrated 
     medical asset tracking programs and conduct a pilot program 
     to test the feasibility of the implementation of such 
     programs.
       The conferees direct the Secretary to review the need for 
     the development of a web portal and implement a pilot program 
     of the system, consistent with existing emergency response 
     systems.


                           medical facilities

       Appropriates $3,745,000,000 for the operation, maintenance 
     and security of VHA's capital infrastructure as proposed by 
     both the House and Senate. Included under this heading are 
     provisions for the costs associated with utilities, 
     engineering, capital planning, leases, laundry and food 
     services, grounds-keeping, garbage, housekeeping, facility 
     repair, and property disposition and acquisition.
       Retains language allowing $250,000,000 of the funds to be 
     available until September 30, 2006 as proposed by the Senate.
       The conferees reiterate the directive contained in the 
     fiscal year 2004 Consolidated Appropriations Act that the 
     Department of Veterans Affairs offer to transfer to the U.S. 
     Army Corps of Engineers one residential property in Fort 
     Thomas, Kentucky, to be used as the residence for the 
     Commander of the Great Lakes and Ohio River Division, and 
     appreciate the progress that has been made so far.


                    medical and prosthetic research

       Appropriates $405,593,000 for medical and prosthetic 
     research as proposed by the Senate instead of $384,770,000 as 
     proposed by the House. The conferees direct the Department to 
     continue its technology transfer activities at the current 
     level of effort through the West Virginia High Technology 
     Consortium Foundation.
       The conferees direct the Department to prioritize 
     prosthetics in its research agenda and report to the 
     Committee on Appropriations of the House and Senate by March 
     15, 2005 on its efforts.

                      Departmental Administration


                       general operating expenses

       Appropriates $1,324,753,000 for general operating expenses 
     instead of $1,319,753,000 as proposed by the House and 
     $1,399,753,000 as proposed by the Senate.
       Provides not less than $1,027,193,000 for the Veterans 
     Benefits Administration (VBA) as proposed by the House 
     instead of $1,102,193,000 as proposed by the Senate.
       Provides two-year availability for $66,000,000 as proposed 
     by both the House and Senate.
       The conferees direct VA to proceed with information 
     technology initiatives supporting the Department's enterprise 
     architecture and continuity of operations capabilities and 
     direct that not less than $25,000,000 be allocated for these 
     activities Department-wide. Additionally, the conferees 
     direct that all cyber-security and enterprise architecture 
     activities continue to be centrally managed by the Chief 
     Information Officer. Finally, the conferees reiterate the 
     House position that the Department report quarterly on key 
     information technology objectives and efforts to meet these 
     objectives.


                    national cemetery administration

       Appropriates $148,925,000 for the National Cemetery 
     Administration as proposed by both the House and Senate. 
     Provides two-year obligation authority for $7,400,000 of the 
     appropriated funds.


                      office of inspector general

       Appropriates $69,711,000 for the Office of Inspector 
     General as proposed by the House instead of $64,711,000 as 
     proposed by the Senate.


                      construction, major projects

       Appropriates $458,800,000 for construction, major projects 
     as proposed by both the House and Senate. The conferees have 
     included bill language proposed by both the House and Senate 
     which defines a major construction project as one where the 
     estimated cost is more than the amount set forth in 38 U.S.C. 
     8104(a)(3)(A).
       The conference agreement includes $370,709,000 for 
     construction projects supporting the fiscal year 2005 
     recommendations of the Secretary's National CARES plan as 
     identified in the May 20, 2004 report entitled ``CARES Major 
     Construction Projects, Fiscal Year 2004-2010.'' The specific 
     projects are also identified in both the House and Senate 
     reports.
       Additional recommendations of the conferees are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                   House report    Senate report    Conference
                           Description                                108-674         108-353        agreement
----------------------------------------------------------------------------------------------------------------
CARES...........................................................    $370,709,000    $370,709,000    $370,709,000
VHA Advance Planning Fund.......................................      14,000,000      14,000,000      14,000,000
VHA Asbestos....................................................       3,000,000       3,000,000       3,000,000
VHA Claims......................................................       1,000,000       1,000,000       1,000,000
VHA Judgment....................................................       8,091,000       8,091,000       8,091,000
VHA Hazardous Waste.............................................       2,000,000       2,000,000       2,000,000
Emergency Response Security Study...............................       2,000,000       2,000,000       2,000,000
NCA Phase I Development: Sacramento, CA.........................      21,600,000      21,600,000      21,600,000
NCA Expansion: Barrancas, FL....................................      20,000,000      20,000,000      20,000,000
NCA Expansion: Rock Island, IL..................................      10,200,000      10,200,000      10,200,000
NCA Design Funds................................................       3,200,000       3,200,000       3,200,000
NCA Advance Planning Fund.......................................       1,000,000       1,000,000       1,000,000
Staff Offices...................................................       2,000,000       2,000,000       2,000,000
----------------------------------------------------------------------------------------------------------------

       The conferees agree with the Senate direction that the 
     Department update its 5-year strategic plan for capital asset 
     management on a periodic basis.
       The conferees direct the Department to review the financial 
     status of all existing major construction projects and the 
     major working reserve account. The Department shall provide 
     information on any unobligated and unexpended funds that may 
     be recaptured and spent on other CARES projects.
       The conferees agree with the direction contained in the 
     Senate report regarding the establishment of an independent 
     CARES advisory body.

[[Page H10826]]

       As part of the CARES initiative, the Department will, in 
     some cases, depend on contracting with local providers to 
     deliver health care services. The Department is to provide a 
     business plan to the Committees on Appropriations of the 
     House and Senate that will address the issues raised in the 
     Senate report. This plan should be submitted no later than 
     March 15, 2005.
       Finally, the conferees agree with the Senate direction that 
     the Department submit a business plan for excess 
     infrastructure that details disposition strategy and 
     budgetary impacts.


                      construction, minor projects

       Appropriates $230,779,000 for construction, minor projects 
     as proposed by the Senate instead of $230,799,000 as proposed 
     by the House. The conferees have included bill language 
     proposed by both the House and Senate which defines a minor 
     construction project as one where the estimated cost is equal 
     to or less than the amount set forth in 38 U.S.C. 
     8104(a)(3)(A).
       The conference agreement provides $182,100,000, for 
     construction projects implementing CARES recommendations, as 
     proposed by the Senate instead of $162,100,000 as proposed by 
     the House. Additional amounts may be used for CARES 
     activities upon notification of and approval by the 
     Committees on Appropriations of the House and Senate.


       grants for construction of state extended care facilities

       Appropriates $105,163,000 for grants for construction of 
     state extended care facilities as proposed by both the House 
     and the Senate.


        grants for the construction of state veterans cemeteries

       Appropriates $32,000,000 for grants for construction of 
     state veterans cemeteries as proposed by both the House and 
     the Senate.


                       administrative provisions

                     (including transfers of funds)

       Retains the first eleven administrative provisions which 
     were carried in both the House and Senate bills, and which 
     have been carried in previous years.
       Retains section 112 as proposed by the House allowing the 
     Secretary to manage effectively the billing and collection 
     process to third party insurers. The Senate had proposed 
     similar language.
       Retains section 113 as proposed by the House providing 
     $25,000,000 of VA's total information technology budget for 
     enterprise architecture activities under the Office of the 
     Chief Information Officer. The Senate did not include this 
     provision.
       Retains section 114 as proposed by the House regarding 
     implementation of Public Law 107-287 by prohibiting funds for 
     implementation of section 2 and section 5. The Senate had 
     proposed similar language.
       Retains the provision proposed by the Senate regarding the 
     Secretary's authority in depositing receipts from various 
     funds into the Medical Care Collections Fund. The House had 
     proposed similar language.
       Retains the provision proposed by both the House and Senate 
     directing the Secretary to conduct a recovery audit program.
       Retains the provision proposed by both the House and Senate 
     allowing the Secretary to transfer enhanced-use lease revenue 
     from the Medical Care Collections Fund to the construction 
     accounts.
       Retains the provision proposed by both the House and Senate 
     allowing the Secretary to furnish recreation services and pay 
     funeral expenses.
       Retains the provision proposed by both the House and Senate 
     transferring all balances in the Medical Care Collections 
     Fund to medical services.
       Retains the provision proposed by both the House and Senate 
     allowing the transfer of funds among Veterans Health 
     Administration accounts.
       Retains the provision proposed by the House providing for 
     the transfer of funds from general operating expenses to 
     Veterans Housing Benefit Program Fund Program Account for a 
     nationwide property management contract. The Senate had 
     proposed a similar provision.
       Retains the provision proposed by the House authorizing the 
     Department 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, for the same 
     purposes of the medical services account until expended. The 
     Senate had proposed a similar provision.
       Deletes the provision proposed by the Senate which would 
     have made funds transferred pursuant to Public Law 108-199 
     from medical services to construction, major projects, 
     available until expended.
       Modifies the provision proposed by the Senate which allows 
     eligible veterans who reside in Alaska to obtain medical 
     services from medical facilities supported by the Indian 
     Health Service.
       Adds a new administrative provision which allows the 
     Secretary to transfer up to $19,800,000 appropriated in 
     Public Law 108-324 from construction, minor projects to 
     medical facilities for non-recurring maintenance expenses 
     related to hurricane and tropical storm damage. Neither House 
     nor Senate bills had included this language.

         TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

       The conferees restate the reprogramming requirements with 
     respect to amounts approved for each appropriations account 
     within this title. The Department must limit the 
     reprogramming of funds between the programs, projects, and 
     activities within each account to not more than $500,000 
     without prior approval of the Committees on Appropriations. 
     Unless otherwise identified in this statement of managers or 
     committee reports, the most detailed allocation of funds 
     presented in the budget justifications shall be considered to 
     be approved, with any deviation from such approved allocation 
     subject to the normal reprogramming requirements outlined 
     above. Further, it is the intent of the conferees that all 
     carryover funds in the various accounts, including recaptures 
     and deobligations, are subject to the normal reprogramming 
     requirements outlined above. Further, no changes may be made 
     to any program, project, or activity if it is construed to be 
     policy or a change in policy, without prior approval of the 
     Committees. Finally, the conferees expect to be notified 
     regarding reorganizations of offices, programs or activities 
     prior to the planned implementation of such reorganizations, 
     as well as be notified, on a monthly basis, of all ongoing 
     litigation, including any negotiations or discussions, 
     planned or ongoing, regarding a consent decree between the 
     Department and any other entity.

                       Public and Indian Housing


                     tenant-based rental assistance

                     (including transfer of funds)

       The conference agreement adopts the account structure 
     proposed by the House to fund tenant-based section 8 
     activities and project-based section 8 activities in two 
     separate accounts to provide better transparency and 
     oversight of expenditures in these programs that now 
     represent over fifty percent of the Department's budget. The 
     Senate proposed to continue to fund both tenant-based and 
     project-based Section 8 activities in the Housing Certificate 
     Fund.
       The joint explanatory statement of the managers herein 
     reflects the agreement of the conferees on tenant-based and 
     project-based section 8 programs and activities. The language 
     and direction included in this joint explanatory statement of 
     the managers replaces any language included in the Senate 
     report regarding these programs, including Senate language 
     under the Housing Certificate Fund account, and replaces any 
     language included in the House report regarding these 
     programs, including House language under the Tenant-Based 
     Rental Assistance, Project-Based Rental Assistance, and 
     Housing Certificate Fund accounts.
       The conference agreement appropriates $14,885,000,000 for 
     tenant-based section 8 (voucher) activities under the Tenant-
     Based Rental Assistance account instead of $14,677,019,000 as 
     proposed by the House. The Senate proposed $15,359,019,000 
     for these activities within the Housing Certificate Fund 
     account. Language is included designating funds provided as 
     follows:

        Activity                                   Conference agreement
Voucher Renewals........................................$13,462,989,000
Tenant Protection Vouchers..................................163,000,000
Administrative Costs:.....................................1,259,011,000
(Administrative Fees)...................................(1,210,107,000)
(Family Self-Sufficiency Coordinators).....................(46,000,000)
(Working Capital Fund)......................................(2,904,000)
Total, Tenant Based Rental Assistance....................14,885,000,000

       Section 8 Voucher Renewals.--The conference agreement 
     includes $13,462,989,000 to fund tenant-based section 8 
     vouchers in calendar year 2005, instead of $13,303,177,000 as 
     proposed by the House. The Senate proposed $13,787,115,000 
     within the Housing Certificate Fund. New language is included 
     setting forth the distribution of renewal funds as described 
     herein.
       The Department is provided $13,462,989,000 to fund tenant-
     based vouchers in calendar year 2005. HUD shall not use 
     recaptures from any source or any project-based carryover to 
     augment total 2005 funding for this account. HUD shall 
     provide all public housing agencies (PHAs) with a fixed, 
     annual budget that each agency must manage their voucher 
     programs within for 2005. HUD shall determine such annual 
     budgets for public housing agencies using the average of the 
     May, June and July 2004 Voucher Management System (VMS) data 
     (for leasing and costs) as reported to, verified, and 
     determined to be complete by HUD. Moving To Work (MTW) 
     agencies shall be funded based on their agreements and are 
     subject to the same adjustments made to all other PHA annual 
     budgets based on funding availability. If an agency failed to 
     report verifiable data into VMS during the May-July time 
     period, HUD shall use the complete three-month submission of 
     VMS data averaged for the period of February, March and April 
     2004. If an agency has not submitted VMS data for the 
     previously referenced periods, HUD shall use the agency's 
     year-end financial statement for fiscal years ending no later 
     than March 31, 2004. HUD shall then adjust the VMS costs for 
     each agency by applying HUD-published 2005 annual adjustment 
     factors (AAFs) to determine an annual funding eligibility for 
     each agency. HUD may make any necessary adjustments for the 
     costs associated with the first-time renewals of tenant 
     protection and HOPE VI vouchers in 2005. The Department is to 
     obligate the entire amount of funds provided for voucher 
     renewals to the public housing authorities at the time annual 
     budgets of the public housing authorities are established 
     pursuant to the formula

[[Page H10827]]

     prescribed herein and in the Act. Finally, HUD will, to the 
     extent necessary, pro rate each public housing agency's 
     budget to stay within the amount appropriated.
       The voucher program is strictly a dollar-based, or budget-
     based program in 2005. This new structure is designed to 
     provide flexibility for PHAs to manage their voucher 
     programs, so long as such flexibility meets current legal 
     requirements and PHAs manage within their annual budgets. 
     This could include lowering eligible rents in order to expand 
     utilization to no greater than their authorized levels. PHAs 
     are expected to manage utility costs, decreased tenant 
     contributions and protect the most at-risk families within 
     these budgets. HUD is not provided a central fund or any 
     other funds to address increased leasing or costs in 2005. 
     Furthermore, HUD is not provided any funding to replenish 
     program reserves in 2005, nor can carryover or recaptures be 
     used for this purpose. Agencies must manage within their 
     annual budget as determined by HUD, pursuant to the formula 
     prescribed herein and in this Act. HUD must issue a notice 
     implementing the tenant-based provisions of this Act, 
     including details on the eligibility for the $25,000,000 in 
     administrative fees set aside under this Act, within 30 days 
     of enactment of this Act. HUD will also communicate all 
     agencies' annual budget amounts directly to each agency 
     within 45 days of enactment of this Act. This is intended to 
     provide agencies with as much advanced notice as possible in 
     order to manage their budgets successfully in 2005. HUD 
     shall also provide agencies with flexibility to adjust 
     payment standards and portability policies as necessary to 
     manage within their 2005 budgets. Agencies shall ensure 
     that current elderly and disabled voucher families be 
     protected against significant impacts resulting from 
     adjustments made by agencies to maintain their voucher 
     programs within their 2005 budgets.
       The conference agreement does not include language proposed 
     by the Senate to allow recaptures to be used to augment funds 
     appropriated for section 8 vouchers. Instead the conference 
     agreement includes language elsewhere in this title that 
     prohibits the use of recaptures for this purpose, similar to 
     language proposed by the House.
       The conference agreement does not include language proposed 
     by the Senate to allow funds to be used to amend a public 
     housing agency's voucher renewal amount. The House did not 
     include similar language.
       The conference agreement does not include language proposed 
     by the Senate to allow the Secretary to transfer funds among 
     various activities. The House did not include similar 
     language.
       The conference agreement does not include language proposed 
     by the Senate to allocate renewal funds based upon 
     information submitted to the public housing agency as of 
     October 1, 2004, adjusted by an inflation factor established 
     by the Secretary, and further adjusted based on certain other 
     factors. The House did not include similar language.
       The conference agreement does not include language proposed 
     by the Senate requiring that all units be subject to a rent 
     reasonableness test. The House did not include similar 
     language. The conferees note that public housing agencies are 
     statutorily required to determine and ensure rent 
     reasonableness and expect this requirement to be followed.
       The conference agreement does not include $100,000,000 for 
     a Central Fund as proposed by the Senate. The House did not 
     include similar language or funding.
       Language is included, as proposed by the House, prohibiting 
     funds from being used to fund a public housing agency for 
     vouchers in excess of their authorized level. The Senate bill 
     included similar language.
       Tenant Protection.--The conference agreement includes 
     $163,000,000 for rental subsidies for tenant protection 
     activities to replace project-based section 8 assistance with 
     section 8 vouchers, for conversion of section 202 and section 
     23 projects to section 8 assistance, for the family 
     reunification program and for the witness protection program, 
     as proposed by the House and the Senate.
       The conference agreement assumes that new vouchers under 
     the Revitalization of Severely Distressed Housing Program 
     (HOPE VI) will continue to be provided within that account as 
     proposed by the House. The Senate did not address this 
     matter.
       Administrative Fees.--The conference agreement includes 
     $1,210,107,000 for public housing agencies' administrative 
     costs and other expenses, instead of $1,161,938,000 as 
     proposed by the House and $1,256,000,000 as proposed by the 
     Senate.
       Modified language is included, similar to language proposed 
     by the House, designating $1,185,107,000 to be allocated to 
     public housing agencies for the calendar year 2005 funding 
     cycle on a pro rata basis based on the amount the public 
     housing agencies were eligible to receive in calendar year 
     2004. In addition, new language is included making up to 
     $25,000,000 available to the Secretary to allocate to public 
     housing agencies that need additional funds to administer 
     their programs. The conferees direct the Department to 
     specify the activities eligible for this funding in the 
     notice to be issued within thirty days of enactment of this 
     Act. The Senate did not include similar language.
       Language is included as proposed by the Senate to allow 
     section 8 administrative fees to be used for section 8 rental 
     assistance activities, including related development 
     activities. The House limited the use to section 8 rental 
     assistance activities.
       Family Self Sufficiency Coordinators.--The conference 
     agreement includes $46,000,000 for public housing agencies 
     family self-sufficiency coordinator staff as proposed by the 
     House instead of $48,000,000 as proposed by the Senate.
       Working Capital Fund.--The conference agreement includes 
     $2,904,000 for transfer to the Working Capital Fund, instead 
     of no less than $2,904,000 as proposed by the House. Modified 
     language is included to broaden the uses of these funds to 
     include other departmental information technology needs.
       Language proposed by the Senate is not included to require 
     all public housing agencies to submit accounting data for 
     funds provided under this account in this Act or any other 
     Act by source of funds and purpose of such funds. This 
     requirement was made permanent in the fiscal year 2004 Act. 
     The House did not include similar language.
       Language is also included elsewhere in this Act rescinding 
     funds provided in previous years under the Housing 
     Certificate Fund, including funds previously made available 
     for certain tenant-based rental assistance activities.


                    project-based rental assistance

                     (including transfer of funds)

       The conference agreement appropriates $5,341,000,000 for 
     project-based rental assistance activities instead of 
     $5,340,745,000 as proposed by the House. The Senate proposed 
     $5,348,785,000 for these activities within the Housing 
     Certificate Fund account.
       The conference agreement provides funds as follows:

        Activity                                   Conference agreement
Project-Based Contract Renewals..........................$4,990,100,000
Moderate Rehabilitation Renewals and Administrative Costs...227,000,000
Section 441 Renewals and Administrative Costs................20,000,000
Contract Administrators.....................................101,900,000
Working Capital Fund..........................................2,000,000
    Total, Project-Based Rental Assistance................5,341,000,000

       Language is included, similar to language proposed by the 
     House, designating $5,237,100,000 for renewals and amendment 
     of section 8 project-based contracts, section 8 moderate 
     rehabilitation contracts (including associated PHA 
     administrative expenses), Emergency Low-Income Housing 
     Preservation Reform Act (ELIHPRA) and Low-Income Housing 
     Preservation Reform Act (LIHPRA) contracts, and section 441 
     single room occupancy contracts (including associated PHA 
     administrative expenses). The Senate included similar 
     language under the Housing Certificate Fund.
       Language is included, as proposed by the House, designating 
     $101,900,000 for performance-based contract administrators. 
     The Senate included a similar provision under the Housing 
     Certificate Fund.
       Language is included designating $2,000,000 for transfer to 
     the Working Capital Fund. Modified language is included to 
     broaden the uses of these funds to include other departmental 
     information technology needs.
       The conference agreement assumes that project-based section 
     8 contract amendment funding requirements for fiscal year 
     2005 will be met through the use of recaptures available in 
     the Housing Certificate Fund as proposed in the budget 
     request. Language is included elsewhere in this title making 
     funds available for such purpose.


                      public housing capital fund

                     (including transfer of funds)

       Appropriates $2,600,000,000 for the public housing capital 
     fund, instead of $2,580,000,000 as proposed by the House and 
     $2,700,000,000 as proposed by the Senate.
       Includes $38,700,000 for technical assistance including up 
     to $12,500,000 for remediation services to certain troubled 
     PHAs and for rent surveys. The House proposed $37,850,000, 
     including $12,440,000 for remediation services and rent 
     surveys and the Senate proposed $50,000,000, including up to 
     $15,000,000 for such activities. The Department is directed 
     to use no less than $4,750,000 of these funds for activities 
     related to fair market rent surveys as proposed by the House.
       Does not include language proposed by the Senate making 
     such funds available for lease adjustments to section 23 
     projects. The House did not include a similar provision.
       Includes $10,150,000 for information technology systems 
     needs instead of not less than $10,150,000 as proposed by the 
     House and $4,500,000 as proposed by the Senate. Modified 
     language is included to broaden the uses of these funds to 
     include other departmental information technology needs.
       Includes up to $30,000,000 for emergency capital needs 
     resulting from unforeseen emergencies or natural disasters in 
     fiscal year 2005, instead of $38,000,000 as proposed by the 
     House and $50,000,000 as proposed by the Senate. Language is 
     included as proposed by the House to allow funds to be 
     awarded non-competitively and only for unforeseen activities. 
     The Senate proposed similar language.
       Includes $53,500,000 for the Resident Opportunity Self-
     Sufficiency (ROSS) program, instead of $52,300,000 as 
     proposed by the House and $55,000,000 as proposed by the 
     Senate.
       Includes modified language to allow up to $3,000,000 to 
     support the costs of existing administrative and judicial 
     receiverships in effect as of the date of enactment of this 
     Act. The House proposed language allowing such funds to be 
     used for current and future receiverships while the Senate 
     did not include funds for such purpose. The Department is

[[Page H10828]]

     directed to submit a proposed spending plan for the use of 
     these funds prior to expenditure.
       Includes modified language designating $15,000,000 for 
     Neighborhood Networks grants similar to language proposed by 
     the Senate. Language is also included allowing up to 
     $1,000,000 to be made available for technical assistance and 
     to allow centers established under these grants to serve 
     individuals receiving housing assistance under other programs 
     funded in this Act. Language is included as proposed by the 
     Senate, requiring such funds to be competitively awarded. The 
     conferees remind HUD that these funds, and all other funds 
     provided in this Act, are to be awarded on a competitive 
     basis in accordance with the requirements set forth in 
     section 205 under administrative provisions in this title, 
     except where explicitly authorized. The House did not include 
     similar language.
       The conference agreement does not designate $30,000,000 for 
     demolition, relocation and site remediation for obsolete and 
     distressed public housing units as proposed by the Senate. 
     The House did not address this matter.


                     public housing operating fund

       Appropriates $2,458,000,000 for the public housing 
     operating fund, instead of $3,425,000,000 as proposed by the 
     House and $2,610,000,000 as proposed by the Senate.
       Modified language is included, similar to language proposed 
     by the Senate, to synchronize the funding cycles for all 
     public housing authorities' operating subsidy payments to the 
     same calendar year. The conferees believe that this 
     conversion will simplify and improve administration and 
     oversight of the program. This change results in a one-time 
     savings to this account. The House did not include similar 
     language.
       Includes modified language designating $8,000,000 for 
     programs to assist in the investigation, prosecution and 
     prevention of criminal activities in public housing to be 
     administered through a cooperative agreement with the 
     Department of Justice (DOJ) similar to language proposed by 
     the House. The Senate did not propose a similar provision.
       Includes language designating $10,000,000 for a program to 
     provide bonus funding for PHAs that assist families in moving 
     away from dependency on housing assistance programs, instead 
     of $15,000,000 as proposed by the Senate. The House did not 
     propose a similar provision. The conferees expect the 
     Department to allocate these funds through a Notice of 
     Funding Availability that provides clear eligibility criteria 
     for this program.
       Language proposed by the Senate to designate $30,000,000 
     for transition costs associated with synchronization to a 
     calendar year funding basis is not included. The House did 
     not address this matter.


     revitalization of severely distressed public housing (hope vi)

       Appropriates $144,000,000 for the revitalization of 
     severely distressed public housing program (HOPE VI), instead 
     of $150,000,000 as proposed by the Senate and $143,000,000 as 
     proposed by the House.
       Language is included making funds available for obligation 
     until September 30, 2006 as proposed by the House, instead of 
     making funds available for one year as proposed by the 
     Senate.


                  native american housing block grants

                     (including transfers of funds)

       Appropriates $627,000,000 instead of $622,000,000 as 
     proposed by the House and $650,241,000 as proposed by the 
     Senate.
       Includes $4,500,000 for inspections, training, and 
     technical assistance and $2,200,000 for the National American 
     Indian Housing Council for technical assistance and capacity 
     building as proposed by the Senate. The House proposed 
     $4,300,000 and $2,100,000 respectively for these activities.
       Includes $2,000,000 for guaranteed loans to subsidize a 
     total guaranteed loan principal of up to $17,926,000 as 
     proposed by the Senate instead of $1,914,000 to subsidize a 
     total loan volume of up to $17,155,000 as proposed by the 
     House.
       Includes $2,600,000 for information technology systems 
     instead of no less than $2,600,000 as proposed by the House 
     and $500,000 as proposed by the Senate. Modified language is 
     included to broaden the uses of these funds to include other 
     departmental information technology needs.
       The conference agreement also includes language elsewhere 
     in this title rescinding $21,000,000 from prior year 
     unobligated balances remaining for title VI loan guarantees. 
     Both the House and Senate proposed this rescission.


           INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $5,000,000 to subsidize a total loan principal 
     of up to $145,345,000 as proposed by the House instead of 
     $1,000,000 to subsidize a total loan principal of $29,069,767 
     as proposed by the Senate.
       The conference agreement also includes language elsewhere 
     in this title rescinding $33,000,000 from prior year 
     unobligated balances remaining from this program. Both the 
     House and Senate proposed this rescission.


      NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $1,000,000 for guaranteed loans for Native 
     Hawaiian housing to subsidize a total guaranteed loan 
     principal of up to $37,403,000 as proposed by the House and 
     Senate.

                   Community Planning and Development


              HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

       Appropriates $284,000,000 for housing opportunities for 
     persons with AIDS (HOPWA) instead of $282,000,000 as proposed 
     by the House and $294,800,000 as proposed by the Senate.


                 RURAL HOUSING AND ECONOMIC DEVELOPMENT

       Appropriates $24,000,000 for rural housing and economic 
     development as proposed by the House instead of $25,000,000 
     as proposed by the Senate. Language is included requiring 
     funds to be awarded competitively by September 1, 2005. The 
     Senate had proposed that funds be awarded by June 1, 2005.


                EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

       Appropriates $10,000,000 for grants to the second round of 
     empowerment zones. The House had proposed $14,250,000 for 
     this account and the Senate did not include funding for this 
     activity. The Conferees direct that funding in this account 
     be distributed equally among the 15 Enterprise Zones and 
     Enterprise Communities (EZ/ECs) designated in Round II.


                       COMMUNITY DEVELOPMENT FUND

                     (INCLUDING TRANSFERS OF FUNDS)

       Appropriates $4,709,000,000 for various activities funded 
     in this account as proposed by the House instead of 
     $4,950,000,000 as proposed by the Senate. The conferees agree 
     to the following:
       --$4,150,035,000 for formula grants under the Community 
     Development Block Grant program (CDBG), instead of 
     $4,304,900,000 as proposed by the House and $4,547,700,000 as 
     proposed by the Senate. The amount provided for CDBG includes 
     grants to Insular areas as proposed by the House. The Senate 
     had proposed funding Insular areas as a Section 107 set-
     aside;
       --$69,000,000 for grants to Indian tribes, including up to 
     $4,000,000 for emergencies as proposed by the House, instead 
     of $72,000,000 as proposed by the Senate;
       --$3,300,000 for the Housing Assistance Council as proposed 
     by the Senate instead of $3,200,000 as proposed by the House;
       --$2,400,000 for the National American Indian Housing 
     Council as proposed by the House instead of $2,500,000 as 
     proposed by the Senate;
       --$43,700,000 for section 107 grants, instead of 
     $36,700,000 as proposed by the House and $51,000,000 as 
     proposed by the Senate. Within the amount provided for 
     section 107 grants, the conference agreement provides the 
     following:
       $10,000,000 for historically black colleges and 
     universities, of which up to $2,000,000 may be used for 
     technical assistance;
       $2,900,000 for community development work study;
       $6,700,000 for Hispanic Serving Institutions;
       $6,700,000 for the Community Outreach Partnerships program;
       $3,000,000 for tribal colleges and universities;
       $4,000,000 for Alaska Native-Serving Institutions and 
     Native Hawaiian-Serving Institutions;
       $9,000,000 for assistance under the Hawaiian Homelands 
     Homeownership Act of 2000; and
       $1,400,000 for technical assistance.
       Does not provide $7,000,000 for insular areas within 
     section 107 activities. Instead, insular areas are funded 
     within Community Development Block Grants.
       --$4,800,000 for the National Housing Development 
     Corporation for continuation of its program of acquisition, 
     rehabilitation, and preservation of at-risk affordable 
     housing, including $2,000,000 for operating expenses as 
     proposed by the House. The Senate did not propose funding for 
     this program;
       --$4,800,000 for the National Council of La Raza HOPE Fund, 
     of which $500,000 is for technical assistance and fund 
     management and $4,300,000 is for investments and financing as 
     proposed by the House. The Senate did not propose funding for 
     this program;
       --$25,000,000 for grants to eligible grantees under section 
     11 of the Self-Help Housing Opportunity Program (SHOP) as 
     proposed by the Senate instead of $26,000,000 as proposed by 
     the House;
       --$34,500,000 for capacity building, of which $30,000,000 
     is for the Community Development and Affordable Housing 
     program for LISC and the Enterprise Foundation for activities 
     as authorized by section 4 of the Department of Housing and 
     Urban Development Demonstration Act, as in effect before June 
     12, 1997, including $5,000,000 for rural areas; and of which 
     $4,500,000 is for Habitat for Humanity International. The 
     House proposed $33,500,000 for capacity building including 
     $28,800,000 for LISC and the Enterprise Foundation and 
     $4,700,000 for Habitat for Humanity; and the Senate proposed 
     $33,500,000 for such activities including $30,000,000 for 
     LISC and the Enterprise Foundation and $3,500,000 for Habitat 
     for Humanity;
       --$62,000,000 for Youthbuild as proposed by the House 
     instead of $65,000,000 as proposed by the Senate. Within 
     amounts available for Youthbuild, the agreement provides 
     $9,000,000 for underserved and rural areas;
       --$262,000,000 for economic development initiatives instead 
     of $136,500,000 as proposed by the House and $126,000,000 as 
     proposed by the Senate. This amount is 5% below the amounts 
     appropriated for EDI grants in fiscal year 2004. Language is 
     included prohibiting funds from being used for program 
     operations as proposed by both the House and

[[Page H10829]]

     the Senate. The conferees note that projects receiving funds 
     must comply with the environmental review requirements set 
     forth in section 305(c) of the Multifamily Housing Property 
     Disposition Act of 1994 (42 U.S.C. 3547). The conferees will 
     not entertain waivers of such requirements. In addition, 
     funds provided for projects shall not be used for 
     reimbursement of expenses incurred prior to the receipt of 
     economic development initiative funding. Modified language is 
     included, similar to language proposed by the House and 
     Senate, to target funds made available under this program. 
     Targeted grants shall be made as follows:
       1. $1,900,000 for the City of Tuscaloosa, Alabama for the 
     Urban Renewal Project in Tuscaloosa, Alabama;
       2. $300,000 for the City of Livingston, Alabama for 
     downtown revitalization in Livingston, Alabama;
       3. $500,000 to the Crenshaw County Economic/Industrial 
     Development Authority for industrial site preparation in 
     Crenshaw County, Alabama;
       4. $250,000 to the City of Fairhope, Alabama for 
     development of the Fairhope Library;
       5. $400,000 to the University of South Alabama for the 
     Mitchell College of Business Library in Mobile, Alabama;
       6. $500,000 for the Selma YMCA for facilities improvements 
     in Selma, Alabama;
       7. $450,000 for the Town of Double Springs, Alabama for 
     community development;
       8. $150,000 for Alaska Botanical Garden in Anchorage for 
     expansions and renovations;
       9. $150,000 for Friends of Eagle River Nature Center, Inc. 
     in Eagle River, Alaska for costs associated with the 
     construction of a community/visitor center;
       10. $500,000 for the Kincaid Park for Training Center, 
     Anchorage, Alaska for costs associated with construction;
       11. $950,000 for the Municipality of Anchorage, Alaska for 
     costs associated with the construction of a recreational 
     facility;
       12. $300,000 for the North Star Council on Aging in 
     Fairbanks, Alaska for costs associated with the construction 
     of the Fairbanks Senior Center;
       13. $175,000 for Love Social Services in Fairbanks, Alaska 
     for expansion;
       14. $1,000,000 for the Kenai Peninsula Borough, Alaska for 
     housing upgrades;
       15. $900,000 for the City of Ketchikan, Alaska for costs 
     associated with the construction of the Tongass Coast 
     Aquarium;
       16. $350,000 for Community Association of Hyder, Alaska for 
     costs associated with the construction of a high speed water 
     plant;
       17. $300,000 for the Juneau Family Birth Center, Alaska for 
     the construction of a one-stop family resources center;
       18. $200,000 for Alzheimer Disease Resource Agency of 
     Alaska in Anchorage, Alaska for capital improvements to its 
     facility to provide in home care services, respite care, and 
     training of personal care attendants;
       19. $525,000 for the Bering Straits Native Corporation in 
     Nome, Alaska for Cape Nome Quarry Upgrade;
       20. $500,000 for Shishmaref, Alaska for the construction of 
     barriers;
       21. $500,000 for the Special Olympics, Anchorage, Alaska 
     for costs associated with the construction of a training 
     center for disabled children;
       22. $275,000 for the National History Museum of the 
     Adirondacks in Tupper Lake, New York for the design and 
     construction of museum;
       23. $500,000 for the City of Conway, Arkansas for downtown 
     revitalization;
       24. $250,000 for the Old Independence Regional Museum in 
     Batesville, Arkansas for costs associated with expansion;
       25. $250,000 for Mountain Home, Arkansas for the 
     construction of the Vada Sheid Community Development Center;
       26. $250,000 for the City of Malvern, Arkansas for the 
     completion of the Ouachita River Millennium Park Pavillion;
       27. $500,000 for the Sacramento Housing and Development 
     Agency, California for the construction of new low income 
     housing;
       28. $750,000 for the City of Inglewood, California for the 
     construction of a senior center;
       29. $250,000 for the City of Stockton, California for costs 
     associated with construction of the Eldorado Teen Center;
       30. $250,000 for the City of San Francisco, California for 
     the Old Mint Redevelopment Project;
       31. $350,000 for the City of Davis, California for the 
     construction of a senior center;
       32. $300,000 for the Los Angeles Harbor/Watts Economic 
     Development Corporation, California for the development of a 
     park and recreation site;
       33. $200,000 for the City of Riverside, CA for costs 
     associated with the completion of the Arlanza Neighborhood 
     Center;
       34. $200,000 to California State University at Fresno for 
     costs associated with the Fresno Regional Jobs Initiative;
       35. $250,000 for the Denver Art Museum, Center for American 
     Indian Art, Denver, Colorado for expansion;
       36. $250,000 for the Weld Food Bank in Greeley, Colorado 
     for expansion and renovation;
       37. $250,000 for the La Gente Youth Sports Recreation 
     Center in Pueblo, Colorado for the expansion of facilities;
       38. $250,000 for the Town of Mountain Village, Colorado for 
     construction of the Affordable Housing Initiative;
       39. $250,000 for the Town of Montrose, Colorado for the 
     Montrose Pavillion/Senior Center renovation;
       40. $215,000 for the Town of Ignacio, Colorado for 
     affordable housing development;
       41. $250,000 for Foodshare, Inc., in Hartford County, 
     Connecticut for the construction of a new distribution 
     center;
       42. $250,000 for the Main Street Development Corporation in 
     Ansonia, Connecticut for the Lower Naugatuck Valley Economic 
     Development Initiative;
       43. $500,000 for the Mark Twain House and Museum in 
     Hartford, Connecticut for costs associated with restoration 
     and development;
       44. $250,000 for the Town of Plainfield, Connecticut for 
     the InterRoyal Facility Remediation Initiative;
       45. $250,000 for the Riverfront Development Corporation in 
     Wilmington, Delaware for construction of a pedestrian bridge 
     as part of the efforts to redevelop the Christina riverfront;
       46. $250,000 for Sacred Heart Village, Inc. in Wilmington, 
     Delaware for costs associated with renovations;
       47. $250,000 for City of Ocilla, Georgia, for the 
     renovations of the Old Ocilla School;
       48. $250,000 for Tubman African American Museum, Macon, 
     Georgia for costs associated with renovations;
       49. $500,000 for the City of Coral Gables, Florida for the 
     Biltmore Complex Restoration Project;
       50. $250,000 for the Washington County, Florida Chamber of 
     Commerce Economic Development Council for outreach and 
     technical assistance;
       51. $250,000 for the Boys and Girls Club of Hawaii in 
     Honolulu for costs associated with construction of the 
     Nanakuli site on Hawaiian Homelands;
       52. $250,000 for Poamoho Camp Community Association in 
     Wahiawa, Hawaii for infrastructure improvements;
       53. $350,000 for Binhi At Ani in Wailuku, Hawaii for the 
     construction of the Maui Filipino Community Center;
       54. $400,000 for Friends of Drug Court in Honolulu, Hawaii 
     for the acquisition of a building;
       55. $250,000 for Kauai Economic Opportunity, Inc., in 
     Kauai, Hawaii for improvements and renovations to a homeless 
     shelter;
       56. $250,000 for the Hawaii Island Community Development 
     Corporation in Hilo for the construction of low-income 
     elderly housing;
       57. $1,000,000 for the Clearwater Economic Development 
     Association, Idaho, for implementation of the Lewis and Clark 
     Bicentennial plan;
       58. $900,000 for Boise State University in Idaho, for 
     planning, design, and construction for the Center for 
     Environmental Science and Economic Development;
       59. $900,000 for the University of Idaho, at Moscow, Idaho, 
     for planning and design for a science and new technologies 
     laboratory;
       60. $350,000 for the Field Museum, Chicago, Illinois for 
     improvements;
       61. $150,000 for the Chicago Botanic Garden, Glencoe, 
     Illinois for the expansion of the School of the Botanic 
     Garden;
       62. $750,000 for the City of Springfield, Illinois for the 
     design and construction of a community center on the city's 
     east side;
       63. $250,000 for the Campbell Center for Historic 
     Preservation in Mount Carroll, Illinois to complete the 
     planning, feasibility, and design phase of its program 
     expansion and rehabilitation project;
       64. $200,000 for the Northwest Illinois Chapter of the 
     American Red Cross in Freeport, Illinois for the acquisition 
     of property and construction of a new chapter office;
       65. $200,000 for the Chicago Food Depository, Illinois for 
     capacity expansion and related programs;
       66. $200,000 for the Chicago House and Social Service 
     Agency in Illinois to develop and construct a social services 
     community center and programs on the West Side of Chicago, in 
     partnership with Vital Bridges/Open Hand;
       67. $250,000 for The Community Foundation of Muncie and 
     Delaware County, Inc., Anderson, Indiana for expansion of its 
     food bank facilities;
       68. $250,000 for the City of Anderson, Indiana for the 
     completion of the Anderson Fiber Network;
       69. $250,000 for the City of Indianapolis, Indiana for the 
     construction of the Holmes Court Housing Development;
       70. $250,000 for the City of Jefferson, Indiana for costs 
     associated with the redevelopment of Spring Street;
       71. $250,000 for the City of Waterloo, Iowa for the 
     acquisition of the Cedar Valley TechWorks Facility;
       72. $200,000 for the City of Fort Dodge, Iowa for the 
     Lincoln Neighborhood Initiative;
       73. $250,000 for the City of Fort Dodge, Iowa for the 
     Lincoln Neighborhood Redevelopment Project;
       74. $250,000 for the City of Storm Lake, Iowa for costs 
     associated with the construction of the Destination Park 
     Interpretative Center;
       75. $250,000 for the City of Bettendorf, Iowa for the 
     River's Edge Redevelopment Project;
       76. $200,000 for the Mid America Housing Partnership in 
     Cedar Rapids, Iowa for the housing trust fund;
       77. $200,000 for the Scott County Housing Council, 
     Davenport, Iowa for the construction and rehabilitation of 
     housing;
       78. $200,000 for the City of Waterloo, Iowa for the Rath 
     Housing Initiative;
       79. $200,000 for Homeward Inc., in Iowa for construction of 
     low income housing;

[[Page H10830]]

       80. $250,000 for the Kansas Chapter of National Korean War 
     Veterans Association, Overland Park, Kansas for the 
     construction of a Korean War Memorial;
       81. $500,000 for the City Vision Ministry, Kansas City, 
     Kansas for Rosedale neighborhood affordable housing;
       82. $650,000 for the City of Great Bend, Kansas for 
     construction of an environmental education center;
       83. $1,225,000 for Haskell Indian Nations University in 
     Kansas for the construction of a science center;
       84. $500,000 for the City of Topeka, Kansas for 
     infrastructure construction at the Center Point Commerce 
     Park;
       85. $300,000 for the Veterans Memorial Park of Wichita, 
     Kansas for renovation project;
       86. $200,000 for TLC for Children and Families, Inc. in 
     Olathe, Kansas for the construction of residential, 
     educational, and therapy facilities for homeless teens, 
     foster care youth and parents, and teens in the Juvenile 
     Justice System;
       87. $275,000 for Sedgwick County, Kansas for the 
     construction of the Oaklawn Community Center;
       88. $1,500,000 for the City of Bowling Green, Kentucky, for 
     purchasing equipment for the South Central Kentucky Training 
     and Development Project;
       89. $800,000 for the City of Bowling Green, Kentucky for 
     costs associated with the development of the Lost River Cave 
     Improvement Project;
       90. $250,000 for Paducah Area Community Reuse Organization 
     in Graves County, Kentucky for costs associated with the 
     construction of the PACRO Industrial Park;
       91. $300,000 for the Owen County Industrial Authority, 
     Kentucky for the Owen County Gas Line;
       92. $250,000 for the Edmonson County, Kentucky for costs 
     associated with the construction of the Edmonson Technology 
     and Economic Development Center;
       93. $500,000 for Catholic Charities, Archdiocese of New 
     Orleans, Louisiana for costs associated with construction for 
     the West Bank Senior Services Continuum;
       94. $250,000 for the City of Grand Isle, Louisiana for the 
     construction of a community center;
       95. $250,000 for the City of Jean Lafitte, Louisiana for 
     the construction of a community center and emergency shelter;
       96. $250,000 for Lafourche Parish, Louisiana for the 
     construction of a Seniors Center and recreation development;
       97. $250,000 for the Audubon Nature Institute in New 
     Orleans, Louisiana for facility improvements;
       98. $300,000 for the City of Baton Rouge, Louisiana 
     Recreation Commission for downtown recreation development;
       99. $250,000 for the City of Dequincy, Louisiana for 
     downtown revitalization;
       100. $250,000 for St. Tammany Parish, Louisiana for the 
     construction of a maritime training center;
       101. $300,000 for the City of Baltimore, Maryland, for 
     costs associated with the relocation of the Central Garage;
       102. $250,000 for Associated Catholic Charities, Inc., in 
     Baltimore, Maryland to build a new facility and renovate an 
     existing facility for Our Daily Bread Employment Center and 
     My Sister's Place Women's Center;
       103. $300,000 for St. Ambrose Housing, for purchase and 
     rehabilitation of houses in northeast Baltimore, Maryland;
       104. $400,000 for Baltimore County, Maryland, for the 
     rehabilitation of the Dundalk Community Center;
       105. $400,000 for Baltimore County, Maryland, for the 
     Randallstown Community Center;
       106. $250,000 for the Charles County Economic Development 
     Commission in Maryland for the design of the Energetics 
     Technology Center;
       107. $200,000 for Montgomery County, Maryland for 
     pedestrian enhancements and safety improvements in Long 
     Branch;
       108. $200,000 for Montgomery County, Maryland for Fenton 
     Street Village pedestrian linkages;
       109. $200,000 for Easter Seals, in Silver Spring, Maryland 
     for the construction of the Easter Seal Inter-Generational 
     Center;
       110. $500,000 for Prince Georges' County, Maryland, for the 
     renovation of the Employment and Training Center and the 
     Multicultural Academy;
       111. $500,000 for St. Mary's County, Maryland, for the 
     acquisition and redevelopment of Lexington Manor;
       112. $1,000,000 for the Mandel Center for Nonprofit 
     Organizations in Cleveland, Ohio, to capitalize a scholarship 
     endowment established in memory of Art Naparstek;
       113. $500,000 for the National Council of Negro Women, in 
     Washington, DC, for the construction and renovation of 633 
     Pennsylvania Avenue, in Northwest, Washington, DC;
       114. $250,000 for the City of Brewer, Maine to acquire and 
     redevelop eight parcels of land on the Penobscot River;
       115. $250,000 for the City of Caribou, Maine to improve and 
     repair a gymnasium and related facilities in the Armory 
     building;
       116. $250,000 for the City of Auburn, Maine to construct 
     the Great Falls Parking Garage;
       117. $250,000 for the People's Regional Opportunity Program 
     [PROP] for the construction of affordable housing units and a 
     neighborhood center in Portland, Maine;
       118. $270,000 for the Attleboro Redevelopment Authority, 
     Massachusetts for the Attleboro Redevelopment Authority 
     Manufacturing Site Remediation and Redevelopment;
       119. $310,000 for the Greater Boston Food Bank, 
     Massachusetts for expansion of its distribution center;
       120. $270,000 for the City of Lawrence, Massachusetts for 
     the demolition and remediation of the Lawrence In-Town Mall 
     building;
       121. $200,000 for the City of Northampton, Massachusetts 
     for the redevelopment of blighted land;
       122. $200,000 for the City of North Adams, Massachusetts 
     for the redevelopment and renovation of the Mohawk Theater;
       123. $300,000 for the A.E. Seaman Mineral Museum in 
     Houghton, Michigan for costs associated with the relocation 
     of the Museum;
       124. $300,000 for the Motown Center in Detroit, Michigan 
     for costs associated with the relocation of the center;
       125. $300,000 for the City of Detroit, Michigan for costs 
     associated with the restoration of the riverfront;
       126. $350,000 for the State Theatre of Bay City/Bay County, 
     Michigan for the restoration of the State Theatre;
       127. $350,000 for the City of Port Huron, Michigan for 
     revitalization;
       128. $250,000 to the Minnesota Housing Finance Agency for 
     supportive housing for homelessness in St. Paul, Minnesota;
       129. $250,000 to the City of St. Paul, Minnesota for 
     rehabilitation needs at the Ames Lake Neighborhood/Phalen 
     Place Apartments;
       130. $700,000 for Neighborhood House in St. Paul, Minnesota 
     for construction of the Paul and Sheila Wellstone Center for 
     Community Building;
       131. $250,000 for the Organization of Liberians in 
     Minnesota in Brooklyn Park for costs associated with the 
     construction of The Liberian Cultural and Community Center;
       132. $1,000,000 for the Area Development Partnership in 
     Hattiesburg, Mississippi for costs associated with the 
     construction of the Hattiesburg Innovation Commercialization 
     Center;
       133. $1,850,000 to Mississippi State University for 
     renovation of the Lloyd-Ricks building in Starkville, 
     Mississippi;
       134. $750,000 to Lafayette County for restoration of the 
     Lafayette County Courthouse in Oxford, Mississippi;
       135. $300,000 to the City of Waynesboro for relocation of 
     the Police Department in Waynesboro, Mississippi;
       136. $300,000 to the City of Brookhaven for renovation of 
     the Fire House in Brookhaven, Mississippi;
       137. $300,000 to the City of Holly Springs for the North 
     Memphis Street Redevelopment project in Holly Springs, 
     Mississippi;
       138. $250,000 to Kemper County for infrastructure 
     improvements in Kemper County, Mississippi;
       139. $200,000 for the City of Booneville, Mississippi for 
     community development;
       140. $250,000 to the Martin Luther King Foundation for the 
     rehabilitation of the community center in Pickens, 
     Mississippi;
       141. $800,000 to the City of Jackson for the remediation 
     and renovation of historic King Edward Hotel in Jackson, 
     Mississippi;
       142. $250,000 to the City of Pascagoula for public library 
     repairs in Pascagoula, Mississippi;
       143. $250,000 to the City of Ellisville for the renovation 
     and construction of the public library in Ellisville, 
     Mississippi;
       144. $250,000 for St. Patrick Center for the Homeless 
     Partnership Center in St. Louis, Missouri for construction;
       145. $250,000 for the Green Hills Regional Planning 
     Commission for construction of renewable energy and rural 
     economic development projects in Putnam County, Missouri;
       146. $250,000 for Joplin Area Chamber of Commerce 
     Foundation in Missouri for the Joseph Newman Business and 
     Technology Innovation Center;
       147. $250,000 for Greene County, Missouri for developing a 
     natural history museum in Springfield, Missouri;
       148. $1,000,000 to St. Charles County Association for 
     Retarded Citizens for Family Support Center construction in 
     St. Charles County, Missouri;
       149. $1,000,000 to the City of St. Joseph, Missouri for 
     construction associated with the St. Joseph Community 
     Riverfront Redevelopment Project;
       150. $1,000,000 to the St. Louis Science Center for visitor 
     center construction in St. Louis, Missouri;
       151. $1,000,000 to the Ozarks Development Corporation to 
     provide infrastructure improvements to a development park in 
     West Plains/Pamona, Missouri;
       152. $1,000,000 to the City of St. Joseph, Missouri for 
     demolition of the Heartland Regional Medical Center;
       153. $1,000,000 to the City of St. Louis, Missouri for 
     construction of a truck entrance at Broadway and St. Louis 
     Avenue, utility relocation, rail track relocation and 
     perimeter fencing;
       154. $500,000 to the Bartley-Decatur Neighborhood Center, 
     Inc. to restore/re-construct home for use as revitalized 
     neighborhood center in Springfield, Missouri;
       155. $500,000 for the Northern Rockies Center for Senior 
     Health, Billings, Montana, for construction of a senior 
     citizens facility;
       156. $700,000 for the Big Sky Economic Development 
     Authority, Billings, Montana, for economic development 
     outreach;
       157. $300,000 for the Great Falls Development Authority, 
     Great Falls, Montana, for economic development outreach;

[[Page H10831]]

       158. $350,000 for the Chippewa Cree Tribe, Box Elder, 
     Montana, for a housing construction project;
       159. $300,000 for the Story Mansion, Bozeman, Montana for 
     historical renovations and improvements;
       160. $300,000 for the Rocky Mountain Development Council/
     PenKay Eagle Manor Renovation, Helena, Montana, for 
     renovations and improvements;
       161. $300,000 for the Rocky Mountain Elk Foundation, 
     Missoula, Montana for construction projects;
       162. $300,000 for the City of Billings, Montana West Side 
     planning and development project;
       163. $250,000 for the Billings Child and Family 
     Intervention Center, Billings, Montana for construction 
     projects;
       164. $250,000 for the Montana Technology Enterprise Center 
     in Missoula, Montana for a revolving loan fund;
       165. $250,000 for the Family Service, Inc. of Omaha, 
     Nebraska, for construction of the Sarpy County Family Service 
     Center;
       166. $250,000 for Metropolitan Community College of Omaha, 
     Nebraska, for construction of a Health Careers Center;
       167. $250,000 for the Davey Area Community Center in Davey, 
     Nebraska for costs associated with construction;
       168. $500,000 for the Penacook Tannery in Concord, New 
     Hampshire for restoration;
       169. $500,000 for the Claremont Mill in Claremont, New 
     Hampshire for redevelopment;
       170. $400,000 for the Tilton Riverfront Park in Tilton, New 
     Hampshire for development;
       171. $250,000 for the Old New Hampshire State House 
     Planning Project in Concord, New Hampshire for planning of 
     reconstruction of the first New Hampshire State House;
       172. $450,000 for the New Hampshire Main Street Center in 
     Concord, New Hampshire for the development of downtown areas;
       173. $350,000 for the Souhegan Boys and Girls Club in 
     Milford, New Hampshire for the construction of a new center;
       174. $350,000 for the Manchester Historical Association in 
     Manchester, New Hampshire for the renovation of the Center 
     for Preserving Manchester's History;
       175. $250,000 for the Northern Community Investment 
     Corporation, Colebrook, New Hampshire for rural broadband 
     telecommunications project;
       176. $250,000 for the Tri-County Community Action Program/
     City of Berlin, New Hampshire, for elimination of blighted 
     and unsafe buildings;
       177. $250,000 for the City of East Orange, New Jersey for 
     construction of a senior center;
       178. $250,000 for the Town of Hammonton, New Jersey for the 
     construction of a community center complex;
       179. $250,000 for La Casa de Don Pedro in Newark, New 
     Jersey for renovations in relation to the Lower Broadway 
     Improvement Zone project;
       180. $250,000 for the City of Woodbine, New Jersey for 
     renovations in relation to the Woodbine Community Center 
     Complex project;
       181. $250,000 for the Borough of Carteret, New Jersey for 
     the construction of an International Trade and Logistics 
     Center;
       182. $250,000 for the South Jersey Economic Development 
     District for economic revitalization in Atlantic, Cape May, 
     Cumberland, and Salem counties;
       183. $400,000 for the Office of the New Mexico State Fire 
     Marshal, Santa Fe, New Mexico, to support improved fire 
     service, training services, infrastructure, and/or 
     information systems in the State of New Mexico and at the New 
     Mexico State Fire Academy in Socorro, New Mexico;
       184. $500,000 for Goodwill Industries of New Mexico, 
     Albuquerque, New Mexico, for renovation of its headquarters 
     and client training center;
       185. $275,000 for the Village of Tijeras, New Mexico, for 
     purchase of a fire pumper truck to serve the community and 
     Federal installations in the area;
       186. $1,175,000 for Presbyterian Medical Services, Santa 
     Fe, New Mexico, for the construction of Santa Fe County Head 
     Start and Early Head Start facilities;
       187. $400,000 for the City of Clovis Fire Department, New 
     Mexico, for purchase of emergency medical vehicles to serve 
     the community and Federal installations in the area;
       188. $750,000 for the City of Hobbs, New Mexico, for 
     infrastructure associated with the development of the Hobbs 
     Industrial Air Park;
       189. $500,000 for Eastern New Mexico University, Portales, 
     New Mexico, for purchase of telecommunications equipment for 
     its communications program and public radio station KENW;
       190. $250,000 for the Albuquerque Hispano Chamber of 
     Commerce, New Mexico for the expansion of the Barelas Job 
     Opportunity Center;
       191. $250,000 for the Town of North Hempstead, New York for 
     the New Cassel Revitalization and Redevelopment Project;
       192. $250,000 for the City of Buffalo, New York for the 
     renovation of a building to create housing for the Buffalo 
     Arts Homesteading Program;
       193. $250,000 for The Olana Partnership in Hudson, New York 
     for costs associated with construction;
       194. $250,000 for the City of Poughkeepsie, New York for 
     costs associated with replacing the roof on the Historic 
     Luckey, Platt Building;
       195. $350,000 for Pucho's, Inc., in Buffalo, New York for 
     the construction of a new recreational and educational 
     resource room;
       196. $350,000 for the United Jewish Organizations of 
     Williamsburg, Inc. in Brooklyn, New York for the construction 
     of a new community services building;
       197. $300,000 for the Burchfield Penney Art Center in 
     Buffalo, New York for construction of a new museum;
       198. $800,000 for the City of Las Vegas, Nevada for 
     improvements to a historic building;
       199. $250,000 for the City of Reno, Las Vegas for the Reno 
     Fourth Street Corridor Enhancements which include but are not 
     limited to streetscape improvements, safety upgrades, and the 
     installation of lighting;
       200. $250,000 for Nevada Partners, Home of the Culinary 
     Training Institute in North Las Vegas, Nevada for the 
     expansion of the Southern Nevada Strategic Vocational 
     Training Center;
       201. $250,000 for the Urban Chamber of Commerce in Las 
     Vegas, Nevada for costs associated with the construction of a 
     multi-use and instructional center;
       202. $250,000 for the North Las Vegas Library District, 
     Nevada for costs associated with the construction of a full 
     service library;
       203. $250,000 for East Las Vegas Community Development 
     Corporation, Nevada for equipment;
       204. $200,000 for Ethel-Willia, Incorporated in Nevada for 
     the Smart Start Child Care Center;
       205. $200,000 for the Town of Pahrump, Nevada for costs 
     associated with the construction of the Pahrump/Nye County 
     Fairground;
       206. $500,000 for the City of Reno/Good Shepherd Clothes 
     Closet Project, Reno, Nevada;
       207. $200,000 for the National Whitewater Center in 
     Charlotte, North Carolina for costs associated with 
     construction;
       208. $200,000 for the Wake County Library Foundation in 
     Raleigh, North Carolina for costs associated with 
     construction;
       209. $200,000 for the Blowing Rock Performing Arts in 
     Blowing Rock, North Carolina for construction;
       210. $250,000 for Ashe County, North Carolina to develop a 
     Business Incubator in the Family Central Complex;
       211. $250,000 for Our Children's Place in Granville County, 
     North Carolina to construct a facility;
       212. $350,000 for the Northwest Ventures Communities Inc., 
     Minot, North Dakota for the construction of the Northwest 
     Career and Technology Center;
       213. $350,000 for the Three Affiliated Tribes Tourism 
     Department, New Town, North Dakota for a cultural 
     interpretive center;
       214. $300,000 for the United Tribes Technical College in 
     Bismarck, North Dakota for the construction of family 
     housing;
       215. $300,000 for the NDSU Research and Technology Park 
     Inc., in Fargo, North Dakota for the Advanced Technology 
     Career Center;
       216. $250,000 for the Minot Area Community Foundation, 
     North Dakota for the Prairie Community Development Center;
       217. $250,000 for the Franklin County Metro Parks, Franklin 
     County, Ohio for the purchase of land in the Darby Creek 
     Watershed;
       218. $250,000 for the Springfield Center City Association, 
     Springfield, Ohio for the construction of a business 
     incubator;
       219. $250,000 for Improved Solutions for Urban Systems, 
     Inc., Dayton, Ohio to create a new model for economic, 
     community and workforce development;
       220. $250,000 for the Toledo-Lucas County Port Authority 
     for the Northwest Ohio Brownfield Restoration Initiative;
       221. $250,000 for the Youngstown Central Area Community 
     Improvement Corporation, Youngstown, Ohio for construction of 
     the Advanced Technology Incubator for Market Ready 
     Applications;
       222. $250,000 for First Frontier, Inc., Xenia, Ohio for 
     revitalization of the amphitheatre;
       223. $550,000 for Cleveland Playhouse Square, Cleveland, 
     Ohio for IDEA Center;
       224. $450,000 for Development Projects, Inc., Dayton, Ohio 
     for Downtown Dayton Northeast Quadrant;
       225. $300,000 for CAMP, Cleveland, Ohio for Cleveland 
     Manufacturing Technology Complex;
       226. $500,000 for the Standing Bear Native American 
     Foundation, Ponca City, Oklahoma for creation of the Standing 
     Bear Museum and Education Center;
       227. $250,000 to Washington County, Oregon for costs 
     associated with the construction of a homeless shelter;
       228. $450,000 to the Portland Development Commission, 
     Oregon, for the North Macadam affordable housing project;
       229. $250,000 to the City of Gresham, Oregon for costs 
     associated with the construction of a cultural arts center;
       230. $250,000 to the City of Brookings Harbor, Oregon for 
     the redevelopment of the boardwalk;
       231. $500,000 for the City of Portland, Oregon for 
     development of the Portland Streetcar;
       232. $200,000 for the Bean Foundation, Inc. in Bend, Oregon 
     for costs associated with the construction of the Madras 
     Center for Education and Workforce Training;
       233. $200,000 for Brookings Harbor, Oregon for costs 
     associated with the construction of the Brookings Harbor 
     Seafood Processing Plant;

[[Page H10832]]

       234. $300,000 for the Urban Redevelopment Authority of 
     Pittsburgh, Pennsylvania, for the redevelopment of South Side 
     Works;
       235. $300,000 for the City of Scranton, Pennsylvania, for 
     the Cedar Avenue Revitalization;
       236. $300,000 for Bucknell University, Lewisburg, 
     Pennsylvania for the Lewisburg Downtown Theater 
     rehabilitation;
       237. $250,000 for the Allegheny West Foundation, 
     Philadelphia, Pennsylvania, for the Budd Plant rehabilitation 
     project;
       238. $250,000 for the Indiana County Development 
     Corporation, Indiana, Pennsylvania, for the Indiana Springs 
     development project;
       239. $250,000 for the City of Erie, Pennsylvania, for site 
     preparation and redevelopment of the vacant and blighted 
     Koehler Brewery Building;
       240. $250,000 for the City of Greensburg, Pennsylvania, for 
     construction of a Center for the Arts;
       241. $250,000 for Our City Reading, in Reading, 
     Pennsylvania, for the rehabilitation of abandoned houses and 
     parks to provide quality home ownership opportunities to low-
     income families;
       242. $250,000 for the Greater Wilkes-Barre Chamber of 
     Business and Industry, in Wilkes-Barre, Pennsylvania, for the 
     acquisition and redevelopment of the historic Irem Temple;
       243. $250,000 for the City of Lancaster, Pennsylvania, for 
     the rehabilitation and renovation of the Lancaster Central 
     Market;
       244. $250,000 for Eagles Mere Village, Inc., in Eagles 
     Mere, Pennsylvania, for the acquisition and rehabilitation of 
     downtown buildings;
       245. $250,000 for the Allegheny County Department of 
     Community and Economic Development, in Pittsburgh, 
     Pennsylvania, for the planning, design, and construction of 
     Schenley Plaza;
       246. $250,000 for the Greene County Department of Planning 
     and Development, in Franklin Township, Pennsylvania, for 
     construction of a multi-tenant facility at EverGreene 
     Technology Park;
       247. $200,000 for Universal Community Homes in 
     Philadelphia, Pennsylvania, for the conversion of land into 
     for-sale units to low- and moderate-income families;
       248. $200,000 for the Borough of Lewistown, Pennsylvania, 
     for the rehabilitation and renovation of the Lewistown 
     Municipal Building;
       249. $200,000 for the Darby Borough Community Development 
     Corporation, in Darby, Pennsylvania, for a Main Street 
     revitalization initiative including acquisition, renovation, 
     and demolition of downtown buildings;
       250. $200,000 for the Chester County Industrial Development 
     Authority, in East Whiteland and Tredyffrin Townships, 
     Pennsylvania, for the redevelopment of the Atwater 
     Brownfields site;
       251. $200,000 for the Inglis Foundation, in Philadelphia, 
     Pennsylvania, for the planning, design, and construction of 
     housing for individuals with disabilities;
       252. $250,000 to the Pawtucket Armory Association in 
     Pawtucket, Rhode Island for renovation of the armory into a 
     performing arts and arts education center;
       253. $250,000 to Westbay Community Action in Warwick, Rhode 
     Island for the purchase and renovation of a building for use 
     as a child care center;
       254. $250,000 to the Providence Neighborhood Investment 
     Program in Providence, Rhode Island for economic 
     revitalization projects in distressed communities;
       255. $250,000 for the Meeting Street National Center of 
     Excellence in Providence, Rhode Island for the construction 
     of a new facility and recreation space;
       256. $250,000 for Rhode Island College in Providence, Rhode 
     Island for the renovation of the former State Home and 
     School;
       257. $250,000 to the Old Slater Mill Association in 
     Pawtucket, Rhode Island for improvements to the exhibitry and 
     the building;
       258. $400,000 for Meeting Street in Providence, Rhode 
     Island for a recreational facility;
       259. $200,000 for the West Warwick Senior Center, Inc. in 
     Rhode Island for the costs associated with construction of 
     affordable housing and community center;
       260. $200,000 for Crossroads Rhode Island in Providence, 
     Rhode Island for building renovations;
       261. $200,000 for the United Methodist Elder Care in East 
     Providence, Rhode Island for fire, life safety, security and 
     communications systems;
       262. $250,000 for City of Anderson, South Carolina for 
     costs associated with the construction of the Murray/Franklin 
     Street Project;
       263. $250,000 for American College of the Building Arts, 
     Charleston, South Carolina for training and skills;
       264. $400,000 for EngenuitySC in Columbia, South Carolina 
     for building renovations and purchasing of technology 
     equipment;
       265. $1,400,000 for the Wakpa Sica Historical Society in 
     Fort Pierre, South Dakota for the Wakpa Sica Reconciliation 
     Center;
       266. $400,000 for the City of Mobridge, South Dakota for 
     the Missouri River riverfront economic development project;
       267. $250,000 for the Sioux Empire Housing Partnership in 
     Sioux Falls, South Dakota for development of low income 
     housing;
       268. $250,000 for City of Sioux Falls, South Dakota for a 
     day care center;
       269. $400,000 for the Sioux Falls Family YMCA, South Dakota 
     for construction of a facility;
       270. $250,000 for Tea, South Dakota for costs associated 
     with construction of a city hall;
       271. $250,000 for the Cheyenne River Youth Project, Eagle 
     Butte, South Dakota for the construction of a teen center;
       272. $400,000 for the Oglala Sioux Tribe in Pine Ridge, 
     South Dakota for the construction of a veterans center;
       273. $400,000 for the Cheyenne River Sioux Tribe in Eagle 
     Butte, South Dakota for the construction of a veterans 
     center;
       274. $250,000 for the Central States Fair Inc., in Rapid 
     City, South Dakota for infrastructure improvements;
       275. $200,000 for the Cobscook Bay Resource Center in 
     Eastport, Maine to develop a marketing co-operative;
       276. $500,000 for City of Brookings, South Dakota for 
     Growth Partnership Research Park;
       277. $250,000 for Rapid City YMCA, South Dakota for the 
     construction of a teen wellness center;
       278. $500,000 for the City of Sturgis, South Dakota, for 
     the Sturgis Industrial Park;
       279. $250,000 for the Rapid City Arts Council, Rapid City, 
     South Dakota, for the Dahl Arts Center;
       280. $1,600,000 for the Memphis Biotech Foundation in 
     Memphis, Tennessee for planning, design, construction, and 
     equipment associated with the Memphis Biotech Foundation;
       281. $500,000 for the City of Huntingdon, Tennessee for 
     land acquisition;
       282. $500,000 for the Rolling Mill Hill Revitalization 
     Project in Nashville, Tennessee for the revitalization of 
     distressed urban areas;
       283. $500,000 for the Big South Fork Visitors Center, Scott 
     County, Tennessee to develop new visitors facilities;
       284. $250,000 for the Chattanooga Public Housing Authority 
     to support the Economic Self Sufficiency and 21st Century 
     Work Skills program in Chattanooga, Tennessee;
       285. $250,000 for the Native American Indian Association of 
     Tennessee, Nashville, Tennessee for construction of a 
     cultural center;
       286. $250,000 for the Lauderdale County Industrial Park, 
     Lauderdale County, Tennessee for industrial site development;
       287. $250,000 for the Country Music Hall of Fame and 
     Museum, Nashville, Tennessee to support community programs;
       288. $250,000 for the Chattanooga African American Chamber 
     of Commerce, Tennessee to construct the Martin Luther King 
     Business Solutions Center;
       289. $250,000 for the Appalachian Service Project, Johnson 
     City, Tennessee to support the Summer Home Repair Program;
       290. $500,000 for Covenant House Texas in Houston to 
     evaluate the structural and mechanical systems of the current 
     emergency shelter and upgrade the agency's infrastructure;
       291. $400,000 for the Acres Home Economic Development 
     Initiative in Houston, Texas to redevelop the Acres home-
     community;
       292. $250,000 for the World Congress on Information 
     Technology in Austin, Texas for renovations to the Austin 
     Convention Center;
       293. $200,000 for the Beaumont Downtown Improvement Program 
     in Beaumont, Texas for downtown redevelopment;
       294. $200,000 for the Texas Theater Renovations in Dallas, 
     Texas for renovations to the building;
       295. $250,000 for Caritas of Austin, Texas for the Austin 
     Basic Needs Collaboration Economic Development Initiative;
       296. $200,000 for the Fort Worth Urban Villages 
     Revitalization initiative in Fort Worth, Texas for downtown 
     improvements;
       297. $200,000 for the Houston Freedman's Town African 
     American Archive in Houston, Texas for continued renovations 
     to the Gregory School;
       298. $200,000 for the San Angelo Home Loan Program in San 
     Angelo, Texas to continue helping low and moderate income 
     families with housing needs;
       299. $200,000 for the East Austin Improvements project in 
     Austin, Texas to provide improvements to the Central East 
     Austin neighborhood;
       300. $200,000 for the Denton Downtown Redevelopment project 
     in Denton, Texas for downtown square improvements;
       301. $200,000 for the Plaza Theater Renovations in Laredo, 
     Texas to renovate the Plaza Theater;
       302. $200,000 for the Corpus Christi Downtown Redevelopment 
     in Corpus Christi, Texas to provide streetscape improvements;
       303. $100,000 for the St. Phillips Neighborhood 
     Redevelopment Initiative in Dallas, Texas to provide 
     improvements to the community;
       304. $200,000 for the Vermont Institute of Natural Science, 
     Woodstock, Vermont for the construction of a wildlife 
     rehabilitation facility;
       305. $200,000 for Vermont Housing and Conservation Board 
     for the development of affordable housing in Rutland, 
     Vermont;
       306. $750,000 for the Vermont Center on Emerging 
     Technologies, Burlington, Vermont for development of a 
     technology incubator;
       307. $600,000 for the Preservation Trust of Vermont, 
     Burlington, Vermont for the Village Revitalization 
     Initiative;
       308. $450,000 for the Vermont Housing and Conservation 
     Board, Montpelier, Vermont for development of affordable 
     housing and downtown revitalization in Burlington, Vermont;

[[Page H10833]]

       309. $250,000 for the Art Museum of Western Virginia in 
     Roanoke, Virginia for planning and construction of a new 
     museum;
       310. $250,000 for the George C Marshall Foundation in 
     Lexington, Virginia for renovation and repair;
       311. $700,000 for Christopher Newport University Real 
     Estate Foundation, Newport News, Virginia for the Warwick 
     Boulevard Commercial Corridor Redevelopment project;
       312. $500,000 for the Woodrow Wilson Presidential Library, 
     Staunton, Virginia for planning, construction, and renovation 
     of the facility;
       313. $300,000 for Virginia Economic Bridge, Inc., Radford, 
     Virginia for development and operation of programs to address 
     employment and economic development in Southwest Virginia;
       314. $650,000 for Wayne County, Utah for the Wayne County 
     Community Center;
       315. $250,000 for West Jordan, Utah for the West Jordan 
     Pioneer Hall Renovation;
       316. $900,000 for USF Elizabethan Theater, Cedar City, Utah 
     for design and construction of an Elizabethan theater;
       317. $1,000,000 for Brigham City, Utah for the Academy 
     Building Renovation;
       318. $500,000 for Salt Lake City, Utah for renovation of 
     Historic Pioneer Park;
       319. $250,000 for the Boys and Girls Club of South Puget 
     Sound in Tacoma, Washington for costs associated with 
     construction of new community centers;
       320. $250,000 for the SWIFT Cyber Group in Richland, 
     Washington for the SWIFT Initiative I--Elimination of 
     Broadband Gaps;
       321. $200,000 for the Washington Technology Center in 
     Seattle for the Washington Nanotechnology Initiative;
       322. $200,000 for the City of Burien, Washington for the 
     acquisition and redevelopment of the Burien Highline Senior 
     Center;
       323. $500,000 for the Delridge Development Association in 
     Seattle, Washington for renovations of the Old Cooper School;
       324. $500,000 for Yakima Valley Farmworkers Clinic in 
     Toppenish, Washington for costs associated with the 
     construction of Science and Technology Partnership Center;
       325. $300,000 for the Edmonds Public Facilities District in 
     Washington for costs associated with the construction of the 
     Edmonds Center for the Arts;
       326. $300,000 for St. Anne's Children/Family Center in 
     Spokane, Washington for costs associated with construction;
       327. $250,000 for the Northwest Maritime Center in Port 
     Townsend, Washington for construction;
       328. $250,000 for the Washington Public Ports Association 
     in Olympia, Washington for the WPAA Education Foundation;
       329. $1,250,000 for the Raleigh County Commission, West 
     Virginia for further development at the Raleigh County 
     Airport Industrial Park;
       330. $1,250,000 for West Virginia University for the 
     development of a facility to house forensic science research 
     and academic programs;
       331. $1,250,000 for the McDowell County Commission, West 
     Virginia for infrastructure and site development at the 
     Indian Ridge Industrial Park;
       332. $750,000 for the City of Beckley, West Virginia for 
     downtown revitalization;
       333. $300,000 for the Redevelopment Authority of the City 
     of Milwaukee, Wisconsin for the Riverwest Neighborhood 
     Housing Initiative;
       334. $250,000 for the Redevelopment Authority of the City 
     of Milwaukee, Wisconsin for the redevelopment of the Tower 
     Automotive site;
       335. $300,000 for the City of Madison, Wisconsin for the 
     South Madison Redevelopment Project;
       336. $300,000 for the Town of Madison, Wisconsin for the 
     continued work on the Novation Technology Campus;
       337. $300,000 for the City of Kenosha, Wisconsin for the 
     Brass Redevelopment Project;
       338. $250,000 for the Menomonee Valley Partners of 
     Milwaukee, Wisconsin for the redevelopment of a former rail 
     yard;
       339. $250,000 for the City of Manitowoc, Wisconsin for 
     economic development activities;
       340. $300,000 for the West Central Wisconsin Regional 
     Planning Commission in Eau Claire for technology start ups 
     and expansions;
       341. $250,000 for Riverfront Inc., in La Crosse, Wisconsin 
     for the construction of work centers for the disabled;
       342. $750,000 for the University of Wyoming, Laramie, 
     Wyoming for the construction of the Wyoming Technology 
     Business Center;
       343. $250,000 for the Cottonwood Park Estates, Gillette, 
     Wyoming for the removal of asbestos for senior housing 
     construction;
       344. $100,000 to the City of Gadsden, Alabama for 
     construction of the facility for the New Centurions Substance 
     Abuse Program for Women;
       345. $200,000 to the City of Hanceville, Alabama for 
     construction of the Wallace State Center for Automotive 
     Manufacturing and Plastics;
       346. $200,000 to the City of Rainsville, Alabama for 
     construction of the Rainsville Agricenter;
       347. $150,000 to the City of Guntersville, Alabama for 
     renovation of the Old Rock School Whole Backstage Theater;
       348. $100,000 to the City of Hokes Bluff, Alabama for 
     construction of a Senior Center;
       349. $60,000 to the City of Arab, Alabama for construction 
     of the Lola Boyd Outdoor Education and Wildlife Area 
     facility;
       350. $50,000 to the City of Gordo, Alabama for construction 
     of a public library;
       351. $50,000 to the City of Fayette, Alabama for renovation 
     of the historic old Post Office;
       352. $20,000 to Winston County, Alabama for facilities 
     construction and renovation of the Historic Houston Jail;
       353. $20,000 to Winston County, Alabama for facilities 
     construction and renovation of the Winston County Local 
     Government Record Depository;
       354. $250,000 for the City of Birmingham, Alabama for 
     renovations to the Birmingham Zoo;
       355. $200,000 to the City of Mobile, Alabama for 
     renovations to the Saenger Theater;
       356. $200,000 to Wallace Community College for construction 
     for the Southeast Alabama Nursing Initiative in Dothan, 
     Alabama;
       357. $150,000 to the Chris Hammond Youth Foundation for 
     construction of a youth sports complex in Wedowee, Alabama;
       358. $150,000 to the City of Tuskgee, Alabama for downtown 
     revitalization;
       359. $590,000 for Covenant House in Anchorage, Alaska for 
     capital improvement needs;
       360. $150,000 to North Arkansas College in Harrison, 
     Arkansas for facilities construction of the North Arkansas 
     College Health Sciences Education Center;
       361. $150,000 to Monticello-Drew County in Arkansas for 
     Phase II of the Regional Sports Complex;
       362. $150,000 to the City of Phoenix, Arizona for 
     construction of the Bob Stump Veteran's Museum;
       363. $150,000 for the Marc Center in Mesa, Arizona for 
     construction of the Marc Day Treatment and Training Center;
       364. $250,000 to Patronato Sax Xavier for facilities 
     renovation at Mission San Xavier del Bac in Tucson, Arizona;
       365. $430,000 to the Fox Tucson Theatre Foundation for the 
     preservation of the Fox Tucson Theatre in Tucson, Arizona;
       366. $100,000 to the Town of Springerville, Arizona for 
     renovations to the historic Old Springerville Elementary 
     School;
       367. $250,000 to the Riverside Community College in 
     Riverside, California for facilities construction and 
     renovation improvements;
       368. $200,000 to the Riverside Community College for 
     construction of the School of Nursing in Riverside, 
     California;
       369. $330,000 to HomeAid America for the construction of 
     HomeAid America Temporary homeless shelters in Costa Mesa, 
     California;
       370. $250,000 to the San Diego Food Bank in San Diego, 
     California for facilities improvements;
       371. $850,000 to the City of Lincoln, California for 
     construction and renovation of a Cultural and Business 
     Center;
       372. $100,000 to the Auburn Peforming Arts Center for the 
     purchase, demolition and reconstruction of the city's State 
     Theater in adjoining properties in downtown Auburn, 
     California;
       373. $575,000 to the City of Sierra Madre, California for 
     the construction of the Sierra Madre Youth Activity Center;
       374. $100,000 to the Lompoc Boys & Girls Club for 
     facilities renovation of the Lompoc Boys & Girls Clubhouse;
       375. $150,000 to the Thousand Oaks Boys & Girls Club for 
     construction of a new clubhouse on the campus of Colina 
     Middle School in Thousand Oaks, California;
       376. $200,000 to the City of Redding, California for 
     industrial park development at the Stillwater Business Park;
       377. $355,000 to the Boys and Girls Club of East San Diego 
     County for construction of a new clubhouse in Santee, 
     California;
       378. $250,000 to the City of Oceanside, California for 
     construction of a new Senior Center;
       379. $100,000 to the town of Yucca Valley, California for 
     the Civic Center Park;
       380. $150,000 to the City of Twentynine Palms, California 
     for facilities and land acquisition for the Joshua Tree 
     National Park Visitors Center;
       381. $250,000 for the City of Desert Hot Springs, 
     California for the development and construction of the Civic 
     and Community Center;
       382. $250,000 to the City of Banning, California for 
     construction and renovation of the city pool;
       383. $280,000 to the National Orange Show in San 
     Bernardino, California for facilities construction and 
     renovation of the stadium;
       384. $625,000 to the City of Apple Valley, California for 
     construction of the Civic Center Park project;
       385. $250,000 to the City of Lancaster, California for land 
     acquisition for the North Downtown Transit Village Project;
       386. $200,000 to the City of Whittier, California for the 
     expansion and remodeling of the Whittwood Branch Library;
       387. $200,000 to the International Agri-Center in Tulare, 
     California for facilities construction;
       388. $200,000 to the City of Citrus Heights, California for 
     the Auburn Boulevard Commercial Corridor Enhancements;
       389. $225,000 to the City of Livermore, California for 
     facilities construction and renovations for the Tri-Valley 
     Homeownership Clearinghouse;
       390. $250,000 to the North Fork Community Development 
     Council for industrial park development in North Fork, 
     California;
       391. $200,000 to the City of Westminster, California for 
     construction of the Community Cultural and Education Center;

[[Page H10834]]

       392. $200,000 to Kern County, California for infrastructure 
     improvements of the Imperial Way Industrial Park;
       393. $280,000 to the City of Bakersfield, California for 
     sidewalks, street furniture and faade improvements;
       394. $475,000 to the University of California for 
     facilities construction and renovation to the Shafter Cotton 
     Research and Extension Center in Shafter, California;
       395. $150,000 to the Bowers Museum of Cultural Art in Santa 
     Ana California for facilities expansion and renovation;
       396. $100,000 to the City of Aurora, Colorado for 
     facilities construction and renovation of the Fitzsimmons 
     Redevelopment Authority;
       397. $100,000 to Jefferson County, Colorado for facilities 
     and construction of an early childhood development center;
       398. $150,000 for the City of Arvada, Colorado for the 
     design phase of the community's arts and humanities center;
       399. $100,000 to the Bent of the River Audubon Center for 
     facilities renovation of the Visitor's Center in Connecticut;
       400. $150,000 for Trinity-On-Main in New Britain, 
     Connecticut for the Trinity-On-Main Arts Education and 
     Community Center for property acquisition and renovation;
       401. $100,000 to Progressive Training Associates in 
     Bridgeport, Connecticut for facilities construction;
       402. $100,000 to the Stamford Center for the Arts for 
     facilities construction of Little Theater & Arts Education 
     Center;
       403. $200,000 to the Stamford Yerwood Center in Stamford, 
     Connecticut for facilities renovation;
       404. $280,000 to the City of Bridgeport, Connecticut for 
     facilities construction and renovation of the Music and Arts 
     Center for Humanity;
       405. $100,000 to the Town of Willington, Connecticut for 
     construction of the Willington Senior Center;
       406. $150,000 to the City of Norwich, Connecticut for the 
     development of Harbor Park;
       407. $100,000 for the Beebe School of Nursing in Lewes, 
     Delaware for facilities construction and renovation;
       408. $150,000 to the National Children's Museum in 
     Washington, DC for facilities construction and relocation 
     costs;
       409. $250,000 for the City of Clearwater, Florida for 
     facilities construction and renovation improvements for the 
     Clearwater Homeless Intervention Project;
       410. $475,000 for Volunteer Jacksonville for the 
     construction of the Volunteer Jacksonville Facility in 
     Jacksonville, Florida;
       411. $280,000 for the South Florida Goodwill for facility 
     renovations in Miami, Florida;
       412. $475,000 to the Centro Mater Head Start Facilities for 
     construction of a new facility in Hialeah, Florida;
       413. $100,000 to Orange County, Florida for expansion of 
     the Marks Street Senior Center;
       414. $625,000 to the Office of Farmworker Ministries in 
     Apopka, Florida for facilities construction;
       415. $150,000 to the Sebring Airport Authority for 
     industrial park development in Sebring, Florida;
       416. $475,000 to the City of Fort Myers, Florida for the 
     restoration of Edison & Ford Winter Estates;
       417. $200,000 to the City of Sarasota, Florida for the 
     Fredd ``Glossie'' Atkins park expansion;
       418. $150,000 to the City of Ocoee, Florida for facilities 
     construction for a senior citizen veterans services center;
       419. $200,000 to the City of Palatka, Florida for the 
     Palatka Riverfront improvements;
       420. $100,000 to the City of Miami, Florida for the Elderly 
     Assistance Program for facilities construction;
       421. $250,000 to the City of Boca Raton, Florida for 
     sidewalks, street furniture, and facade improvements;
       422. $150,000 to the City of Gainesville, Florida for 
     facilities improvements and upgrades of the Depot Regional 
     Stormwater Park;
       423. $150,000 for Alachua County, Florida for streetscape 
     improvements for the Partners for a Productive Community 
     Enhancement Initiative;
       424. $610,000 to Hubbs/Sea World for facilities 
     construction of a marine and coastal research center in 
     Brevard County, Florida;
       425. $610,000 to Shands/Jacksonville for facilities 
     construction and renovation of an emergency room/trauma 
     center in Jacksonville, Florida;
       426. $610,000 to the Orlando Regional Medical Center for 
     facilities construction and renovation of the Pediatric 
     Trauma Center in Orlando, Florida;
       427. $50,000 to Crosswinds Youth Services for facilities 
     construction of a youth center in Brevard County, Florida;
       428. $200,000 to the City of Largo, Florida for Central 
     Park facilities improvements;
       429. $850,000 to the City of Clearwater, Florida for 
     streetscape improvements for the Beachwalk project;
       430. $250,000 to Pinellas County, Florida for facilities 
     construction and renovation of the Urban League Community 
     Center;
       431. $850,000 to the Salvador Dali Museum in St. 
     Petersburg, Florida for planning, design, and construction of 
     facilities;
       432. $850,000 to the City of Dunedin, Florida for 
     facilities construction and renovation of the city community 
     center;
       433. $100,000 to the National Armed Services and Law 
     Enforcement Memorial Museum, in Dunedin, Florida for 
     facilities construction and renovation;
       434. $850,000 to the City of St. Petersburg, Florida for 
     facilities renovation and expansion of the Florida Museum of 
     Fine Arts;
       435. $375,000 to the City of Palm Harbor, Florida for the 
     downtown revitalization project;
       436. $375,000 to the City of Treasure Island, Florida for 
     the community development project;
       437. $475,000 to the City of St. Petersburg, Florida for 
     restoration of the Jordan School;
       438. $575,000 to the City of St. Petersburg, Florida for 
     the Tangerine Avenue community development project;
       439. $275,000 for the City of Coral Gables, Florida for the 
     Biltmore Complex Restoration Project;
       440. $280,000 to the City of St. Petersburg, Florida for 
     Dome Industrial Park facilities renovation and construction;
       441. $280,000 to the City of St. Petersburg, Florida for 
     facilities construction and improvements at Bartlett Park;
       442. $250,000 to the City of Tampa, Florida for facilities 
     construction and renovation for the Bay History Center;
       443. $625,000 to Eckerd College in St. Petersburg, Florida 
     for construction of the Youth Opportunity Center;
       444. $280,000 to the City of St. Petersburg, Florida for 
     facilities construction and renovation for the Mid-Pinellas 
     Science Center;
       445. $375,000 to the City of St. Petersburg, Florida for 
     construction and renovation for the Catholic Charities Mercy 
     House;
       446. $75,000 for Antioch Micro-Enterprise Network in 
     August, Georgia for the Antioch Micro-Enterprise Network's 
     Entrepreneur Training Program;
       447. $100,000 to Cobb County, Georgia for construction of 
     the Marietta, Georgia Senior Center;
       448. $100,000 to the City of Marietta, Georgia for 
     capitalization of the Marietta Growth Fund;
       449. $100,000 to the Local Housing Assistance Program in 
     the city of Smyrna, Georgia for construction;
       450. $75,000 to the Joint Development Authority of Ben Hill 
     and Irvin Counties, Georgia for industrial park development;
       451. $475,000 to the Coastal Heritage Society for 
     construction of the Savannah Battlefield Interpretive Center 
     in Savannah, Georgia;
       452. $250,000 to Cherokee County, Georgia for construction 
     of the Cherokee County Emergency Children's Shelter in 
     Canton;
       453. $100,00 to the Clearwater Economic Development 
     Association, Idaho, for an economic planning study for the 
     Lewis and Clark Bicentennial Project;
       454. $475,000 to the City of Blackfoot, Idaho for land 
     acquisition and improvements at the Jensen Grove City Park 
     and Jensen Grove Lake;
       455. $150,000 to Franklin County, Idaho for the moving, 
     renovation, restoration of the Oneida Stake Academy building 
     in Preston, Idaho;
       456. $200,000 to Idaho State University for facilities 
     construction for the L.E. and Thelma E. Stephens Performing 
     Arts Center;
       457. $100,000 to Power County, Idaho for the Fort Hall 
     Reservation/Power County Joint Economic Redevelopment 
     Initiative;
       458. $200,000 to the City of Crest Hill, Illinois for 
     facilities construction and renovation of Our Children's 
     Homestead Foster Home Development;
       459. $475,000 to the City of DeKalb, Illinois for 
     industrial park infrastructure improvements;
       460. $330,000 to the Ray Graham Association for People With 
     Disabilities in Downers Grove, Illinois, for capital 
     improvements;
       461. $100,000 to the World War II Black Navy Veterans of 
     Great Lakes Memorial Foundation for the North Chicago 
     Veterans' Memorial in North Chicago, Illinois;
       462. $275,000 to the St. Francis Medical Center in Peoria, 
     Illinois for improvements, including consolidation of 
     ambulatory care;
       463. $275,000 to the Lakeview Regional Museum in Peoria, 
     Illinois for facilities construction and renovation of a new 
     building;
       464. $275,000 for PeoriaNEXT in Peoria, Illinois for 
     facilities construction and renovation of the Innovation 
     Center business incubator;
       465. $250,000 for Illinois College in Jacksonville, 
     Illinois for facilities construction and renovation of 
     Whipple Hall;
       466. $275,000 for Glen Oak Zoo in Peoria, Illinois for 
     facilities construction and renovation of a new Africa 
     exhibit;
       467. $100,000 Eureka College, Eureka, IL, for continued 
     construction of Science and Technology Center;
       468. $100,000 Northfield Park District, IL, for facilities 
     renovation and rehabilitation;
       469. $150,000 to the City of Havana, Illinois for 
     facilities construction and renovation of the Havana Rural 
     Center;
       470. $100,000 to the Rockford Literary Council for 
     facilities construction in Rockford, Illinois;
       471. $280,000 to the Burpee Museum-Discovery Center museum 
     campus expansion project in Rockford, Illinois;
       472. $375,000 to the City of Joliet, Illinois for the 
     continued restoration of the Rialto Square Theater;
       473. $330,000 to the City of Marion, Indiana for 
     refurbishing the City of Marion Memorial Coliseum;
       474. $100,000 to Madison Township, Indiana for construction 
     of the Madison Township Community Center;
       475. $250,000 to the City of South Bend, Indiana for 
     industrial park development at the Studebaker Corridor;

[[Page H10835]]

       476. $250,000 to the South Bend Heritage Foundation in 
     South Bend, Indiana for facilities construction and 
     renovation;
       477. $150,000 to the City of Anderson, Indiana for 
     industrial park development;
       478. $100,000 to the City of Fort Wayne, Indiana for 
     facilities construction for the Hanna-Creighton Community 
     Enhancement Initiative;
       479. $200,000 to the Tri-State University in Angola, 
     Indiana, for facilities construction for the Center for 
     Technology and Online Resources;
       480. $150,000 to the City of Storm Lake, Iowa for the 
     construction of the Storm Lake Destination Park;
       481. $100,000 to the Housing Trust Fund of Johnson County 
     in Iowa City, Iowa, for capitalization of loan funds;
       482. $200,000 to the City of Waterloo, Iowa for industrial 
     park development;
       483. $125,000 to the City of Des Moines, Iowa for land 
     acquisition for a technology park;
       484. $250,000 to Historic Abilene, Inc., in Kansas for the 
     revitalization of New Old Abilene Town;
       485. $100,000 to the City of Ottawa, Kansas for 
     improvements to the Municipal Swimming Pool;
       486. $200,000 to the City of Topeka, Kansas for industrial 
     park development at the Center Point commerce park;
       487. $250,000 to the City of Wichita, Kansas for the 
     renovations at the Veterans Memorial Park;
       488. $330,000 to the City of Wichita, Kansas for facilities 
     construction for the development of the 21st Street Community 
     Development Corporation;
       489. $100,000 to the City of Radcliff, Kentucky for 
     streetscape improvements;
       490. $150,000 to the Trinity Family Life Center of 
     Louisville, Kentucky for facilities construction of a multi-
     purpose center;
       491. $625,000 to the Louisville Metro Government in 
     Kentucky for the Newburg neighborhood revitalization;
       492. $100,000 to Dream Foundation, Inc. in Louisville, 
     Kentucky for playground construction;
       493. $250,000 to Breathitt County Fiscal Court for the 
     construction of an intergenerational community entertainment 
     center in Jackson, Kentucky;
       494. $250,000 to the Roy F. Collier Community Center for 
     computer hardware, equipment, and furniture needs in Inez, 
     Kentucky;
       495. $200,000 to Metcalfe County Fiscal Court for 
     construction of the Metcalfe County Enrichment Center in 
     Edmonton, Kentucky;
       496. $250,000 for the YMCA of Franklin County, Kentucky for 
     facilities construction;
       497. $150,000 to the City of St. Francisville, Louisiana 
     for facilities construction and renovation;
       498. $280,000 to the Biomedical Research Foundation of NW 
     Louisiana for industrial park development in Shreveport, 
     Louisiana;
       499. $250,000 to St. John the Baptist Parish, Louisiana for 
     facilities renovations to the Louisiana War Veterans Home;
       500. $330,000 to Boysville of Michigan for facilities 
     construction and renovations;
       501. $150,000 to Global Enterprises for Water Technology 
     for building acquisition and renovation at Clearwater Plaza 
     in Grand Rapids, Michigan;
       502. $250,000 to the Grand Valley State University for 
     acquisition of a research facility, training and education 
     space for the Annis Water Resource Institute in Muskegon, 
     Michigan;
       503. $475,000 to the Michigan Jewish Institute for 
     facilities construction and renovation at the College 
     Academic Center in West Bloomfield, Michigan;
       504. $100,000 to the Boys and Girls Club of Troy, Michigan 
     for facilities construction and renovation;
       505. $100,000 to the Oakland Livingston Human Service 
     Agency for facilities construction and renovation in Pontiac, 
     Michigan;
       506. $250,000 for Focus: Hope in Detroit, Michigan for the 
     renovation of a new workforce development center;
       507. $200,000 to the City of Durand, Michigan for downtown 
     streetscape improvements;
       508. $100,000 to the St. Cloud Housing & Redevelopment 
     Authority for in Minnesota for renovations to Germain Towers;
       509. $150,000 to Scott County, Minnesota for renovation of 
     affordable housing at the Belle Haven Apartment Preservation;
       510. $100,000 to the Cornerstone Advocacy Service in 
     Bloomington, Minnesota for facilities construction;
       511. $100,000 to Laderdale County, Mississippi for 
     facilities construction for Mississippi Scrimber Wood 
     Project;
       512. $100,000 to the LeFleur Lakes Development Foundation 
     in Rankin and Hinds Counties, Mississippi for an economic 
     planning study;
       513. $125,000 to Mississippi State University for Phase II 
     expansion of its Research, Technology and Economic 
     Development Park in Mississippi State, Mississippi;
       514. $330,000 to the City of Holly Springs, Mississippi for 
     the North Memphis Street Redevelopment Revitalization 
     Project;
       515. $150,000 to the Show-Me Aquatics for facilities 
     construction in Saint Charles, Missouri;
       516. $80,000 to Greene County, Missouri for the development 
     of an industrial park;
       517. $250,000 to the City of Springfield, Missouri for the 
     construction of a community multipurpose center;
       518. $475,000 for the Gillioz-Ronald Reagan Theatre in 
     Springfield, Missouri for facilities renovation;
       519. $200,000 for the Missouri Soybean Association for 
     construction of the Missouri Soybean Association's Discovery 
     Research Institute;
       520. $200,000 to the Southeast Missouri State University 
     for construction of the Southeast Missouri State University 
     River Campus in Cape Girardeau, Missouri;
       521. $150,000 to the Missouri Soybean Association for 
     renovations to the New Generation Agribusiness Incubation 
     Center in Kansas City, Missouri;
       522. $200,000 to the Brookfield Industrial Development 
     Authority in Brookfield, Missouri, for industrial park 
     development;
       523. $200,000 to the Montana State University-Northern for 
     facilities equipment and technology upgrades in Havre, 
     Montana;
       524. $375,000 to the Boys and Girls Home of Nebraska for 
     Columbus Hospital renovations;
       525. $200,000 to Nye County, Nevada for facilities 
     renovation of the Pahrump/Nye County Fairgrounds;
       526. $100,000 to the City of Henderson, Nevada for downtown 
     revitalization;
       527. $200,000 to Boulder City, Nevada for the Historic 
     Boulder City Hotel Rehabilitation;
       528. $100,000 to the City of Concord, New Hampshire for 
     facilities restoration and improvements to the Bicentennial 
     Square;
       529. $250,000 to the City of Nashua, New Hampshire for 
     facilities restoration and improvements to Thoreau's Park;
       530. $150,000 to the Currier Art Museum for facilities 
     construction and renovation of the Currier Museum Gallery in 
     Manchester, New Hampshire;
       531. $250,000 for the Girls and Boys Town USA in Newark, 
     New Jersey, Jersey City, New Jersey, Portsmouth, Rhode 
     Island, Las Vegas, Nevada and New Orleans, Louisiana for 
     construction at the national priority projects of Girls and 
     Boys Town USA;
       532. $100,000 to the Children's Specialized Hospital for 
     facility renovations in Mountainside, New Jersey;
       533. $100,000 to the City of Bernardsville, New Jersey for 
     the downtown streetscape project;
       534. $100,000 to the Hunterdon County YMCA for construction 
     of a child care facility in Hunterdon County, New Jersey;
       535. $100,000 to the Town of Dover, New Jersey for an 
     economic development planning study;
       536. $100,000 to the Borough of Somerville in New Jersey 
     for an economic development planning study;
       537. $100,000 to the Borough of Wanaque, New Jersey for 
     improvements to the Haskell Business District Redevelopment;
       538. $175,000 to the Borough of Washington, New Jersey for 
     sidewalks, street furniture and facade improvements;
       539. $250,000 to the City of Mount Holly, New Jersey for 
     facilities construction and renovation to the Mt. Holly 
     Workforce Development & Economic Revitalization Center;
       540. $250,000 to the City of Greater Trenton, New Jersey 
     for the construction of the Greater Trenton YMCA;
       541. $150,000 for the Association de Comerciantes Latinos 
     de Nuevo Mexico in Albuquerque, New Mexico, for facilities 
     construction;
       542. $200,000 to the City of Albuquerque, New Mexico for 
     construction of the Santa Barbara/Martineztown Learning 
     Center;
       543. $25,000 to the Town of Mentz, New York for renovations 
     to the Senior Center;
       544. $50,000 to the City of Auburn, New York for facilities 
     construction and renovation of Willard Chapel;
       545. $50,000 to the United Cerebral Palsy in Utica, New 
     York for development of children's campus in Rome, New York 
     at the Griffiss Business and Technology Park;
       546. $75,000 to the City of Auburn, New York for 
     renovations of the Merry Go Round Playhouse;
       547. $200,000 to the City of Geneva, New York for 
     facilities construction and renovation of the Cornell 
     Agriculture and Food Technology Park;
       548. $280,000 to the City of Utica, New York for facilities 
     construction and renovation of the Science and Technology 
     Center at Utica College;
       549. $280,000 to the City of Utica, New York for facilities 
     construction and renovation of the Stanley Theater Expansion 
     and Modernization Project;
       550. $50,000 to Brooklyn Remembers Inc. for construction of 
     the Brooklyn Remembers Memorial in Brooklyn, New York;
       551. $150,000 to the Saint Vincent Catholic Medical Centers 
     for facilities construction and renovation of a Primary Care 
     Outpatient Center in Stapleton, New York;
       552. $150,000 to Yeled V'Yalda for construction of the 
     Yeled V'Yalda Treatment Center for Children with Disabilities 
     in Brooklyn, New York;
       553. $475,000 to the Roberts Wesleyan College in Rochester, 
     New York for construction of a new Library and Information 
     Resource Center;
       554. $250,000 to the Town of Monroe, New York for 
     construction of the Monroe Free Library;
       555. $250,000 to the North Shore-Long Island Jewish Health 
     System for facilities construction and renovations to expand 
     the Emergency Department in Bay Shore, New York;
       556. $280,000 to Paul Smith's College in Franklin County, 
     New York for construction of the Joan Weil Student Center;

[[Page H10836]]

       557. $50,000 to the Village of Hamilton, New York for 
     industrial park development at the Hamilton Industrial Park;
       558. $50,000 to the Cheektowaga Senior Center in 
     Cheektowaga, New York for facilities improvements;
       559. $268,000 to the Genesee Country Village and Museum in 
     Mumford, New York for facilities improvements;
       560. $250,000 to the Catskill Mountain Foundation for the 
     renovation of the Orpheum Theatre and Sugar Maples Resort in 
     Hunter, New York;
       561. $250,000 to the Warren County Economic Development 
     Corp. in North Creek, New York for facilities construction of 
     the North Creek Ski Bowl;
       562. $475,000 to the City of Syracuse, New York for 
     facilities construction and renovations of the Amos Block 
     Redevelopment Project;
       563. $250,000 to the City of Syracuse, New York for 
     renovations and streetscape improvements to the ARC of 
     Onondaga facility for developmentally disabled adults;
       564. $250,000 to the City of Syracuse, New York for 
     renovations to P.E.A.C.E. Inc. facilities in Central New 
     York;
       565. $75,000 to Onondaga County, New York for the Greater 
     Syracuse Sports Hall of Fame for facilities expansion and 
     renovation;
       566. $375,000 to the City of Syracuse, New York for 
     facilities renovations to Syracuse Stage;
       567. $250,000 to the City of Syracuse, New York for 
     facilities expansion and renovation of Vera House;
       568. $100,000 to the City of Rochester, New York for 
     planning and expansion of the High Falls Film Festival;
       569. $950,000 to St. John Fisher's College in Rochester, 
     New York for construction of a new School of Pharmacy;
       570. $200,000 to the Town of Penfield, New York for 
     renovations to the Camp Haccamo facilities for the disabled;
       571. $575,000 to the Metropolitan Development Association 
     in Syracuse, New York for the Essential New York Initiative;
       572. $100,000 to the Town of Palmyra, New York for 
     renovations to the Palmyra Community Center;
       573. $75,000 to the Wayne County, New York for planning and 
     marketing of an alternative use strategy for the Savannah 
     Elementary School Building;
       574. $375,000 to the Metropolitan Development Association 
     in Syracuse, New York for construction and renovations of the 
     Electronics Park complex;
       575. $150,000 to the City of Syracuse, New York for 
     building renovations and stablization at the Mizpah Tower 
     facility;
       576. $50,000 to the City of Syracuse, New York for 
     facilities construction and renovation to the North Area 
     Athletic & Education Center, Inc.;
       577. $475,000 to the New York State Olympic Regional 
     Development Authority for facilities construction;
       578. $250,000 to the Simon Wiesenthal New York Tolerance 
     Center in New York City for facade restoration improvements;
       579. $475,000 to the Metropolitan Museum of Art in New York 
     City for facade restoration improvements;
       580. $500,000 to the National Center for Disabilities 
     Services in Albertson, New York for facilities construction 
     and renovation;
       581. $500,000 to Jazz at Lincoln Center in New York City 
     for facilities construction;
       582. $150,000 to the Natural History Museum of the 
     Adirondacks for construction of a new museum in New York 
     State;
       583. $50,000 to the State University of New York (SUNY) 
     Canton for facilities construction;
       584. $50,000 to the Lewis County General Hospital in Lewis 
     County, New York for facilities construction and 
     modernization;
       585. $475,000 to Brooklyn Public Library in New York for 
     restoration of the central plaza;
       586. $250,000 to the Rivers and Estuaries Center on the 
     Hudson in New York for facilities construction;
       587. $330,000 to Daemon College in Amherst, New York for 
     facilities improvement;
       588. $250,000 to the State University of New York (SUNY) 
     for the SUNY Delhi Center of Excellence in Watershed 
     Applications and Technology-Based Economic Revitalization for 
     facilities construction and equipment;
       589. $150,000 to the Southeastern Center for Contemporary 
     Art for facilities construction and renovation in Winston-
     Salem, North Carolina;
       590. $200,000 to the Blowing Rock Community Arts Center 
     Foundation in Blowing Rock, North Carolina for construction 
     of the Blowing Rock Performing Arts Center;
       591. $100,000 to the City of Charlotte, North Carolina for 
     facilities construction and renovation at Grier Heights;
       592. $150,000 to the City of Raeford, North Carolina for 
     streetscape improvements;
       593. $150,000 to Scotland County, North Carolina for 
     demolition of the Scotland County Hospital;
       594. $100,000 to the Graveyard of the Atlantic Museum in 
     Hatteras, North Carolina for facilities construction;
       595. $100,000 to Gaston County, North Carolina, for 
     industrial park development for the Gaston County Technology 
     Park Expansion;
       596. $100,000 to Gaston County, North Carolina to establish 
     a revolving loan for investment in downtown Gastonia;
       597. $50,000 for the City of Etowah, North Carolina for the 
     Etowah community park for streetscape improvements;
       598. $475,000 for the Education and Research Consortium at 
     Brevard College in Brevard, North Carolina for science 
     building facilities construction and renovation;
       599. $475,000 for the Education and Research Consortium at 
     Brevard College in Brevard, North Carolina for dormitory 
     facilities construction and renovation;
       600. $475,000 to Brevard, North Carolina for the Brevard 
     Public Library for facilities construction and renovation;
       601. $150,000 to the Victory Videos Ministry in the City of 
     Forest Park, Ohio for the construction of a youth center;
       602. $250,000 to the Westcott House Foundation for 
     facilities construction and renovations to the Westcott House 
     in Springfield, Ohio;
       603. $275,000 to the Lancaster Campus of Ohio University 
     for facilities construction of a Community Event and 
     Conference Center in Lancaster, Ohio;
       604. $100,000 to Fairfield County, Ohio for facilities 
     construction and renovations at the new location for 
     Fairfield Industries;
       605. $50,000 to the Ohio Wesleyan University for facilities 
     construction and renovations in Delaware, Ohio;
       606. $275,000 for the Springfield--Clark County Community 
     Improvement Corporation for land acquisition to expand the 
     Applied Research Technology Park (ARTP);
       607. $200,000 to the City of Willowick, Ohio for site 
     preparation and construction of the Willowick Lakefront 
     Development;
       608. $200,000 to Newbury Township, Ohio for sidewalks, 
     street furniture and facade;
       609. $330,000 to the Hocking Athens Perry Community Action 
     in Glouster, Ohio for renovations to the community center;
       610. $330,000 for the 14th Street Community Center in 
     Portsmouth, Ohio for facilities construction and renovation;
       611. $1,430,000 for the Canton Regional Chamber of 
     Commerce's Foundation in Canton, Ohio for industrial park 
     development;
       612. $257,000 to the City of Columbus, Ohio for 
     construction of the YWCA Family Center;
       613. $250,000 to Development Projects, Inc. for site 
     preparation for the Downtown Dayton Northeast Quadrant in 
     Dayton, Ohio;
       614. $250,000 to the St. Mary's Development Corporation for 
     land acquisition for the Multi-Family Housing Project in 
     Dayton, Ohio;
       615. $150,000 to the City of Moore, Oklahoma for the 
     expansion of Buck Thomas Park;
       616. $250,000 to the Harrah Industrial and Economic 
     Development Authority for industrial park infrastructure 
     development in Harrah, Oklahoma;
       617. $200,000 to the City of Perkins, Oklahoma for 
     development of the Oklahoma Territorial Plaza;
       618. $150,000 to the City of Tulsa, Oklahoma for facilities 
     construction and renovation of the Tulsa Hispanic Family 
     Resource Center;
       619. $200,000 to the Southern Oregon Rehabilitation Center 
     for facilities renovations in White City, Oregon;
       620. $150,000 to Gannon University, Erie, Pennsylvania for 
     construction of the Erie Technology Incubator;
       621. $250,000 to the Montgomery County Community College 
     for facilities construction of the Small Business Development 
     & University Transfer Center in Pottstown, Pennsylvania;
       622. $250,000 to ARC of Montgomery County, Pennsylvania for 
     facilities construction of a MARC building;
       623. $200,000 to the Vietnam Veterans Leadership Program of 
     Western Pennsylvania for facilities expansion in Pittsburgh, 
     Pennsylvania;
       624. $100,000 for the Westmoreland County Industrial 
     Development Authority for industrial park development in 
     Hempfield Township, Pennsylvania;
       625. $150,000 to Allegheny County Department of Economic 
     Development for site preparation and construction of Clinton 
     Industrial Park in Findlay Township, Pennsylvania;
       626. $100,000 to the Punxsutawney Weather Museum for 
     improvements in Punxsutawney, Pennsylvania;
       627. $100,000 to the Brookville YMCA in Brookville, 
     Pennsylvania for facilities renovations;
       628. $150,000 to Tabor Community Services in Lancaster, 
     Pennsylvania for property acquisition and renovation;
       629. $150,000 to the York Street Center and Stillmeadow 
     Child Care Center in York, Pennsylvania for facilities 
     renovations;
       630. $200,000 to Sayre Borough, Pennsylvania for renovation 
     of the Enterprise Center;
       631. $200,000 to Trehab Center in Montrose, Pennsylvania 
     for facilities construction;
       632. $70,000 for the Morrison's Cove Memorial Park 
     Recreation Center in Blair County, Pennsylvania for 
     facilities improvements;
       633. $100,000 for the Penn's Woods Council, Boy Scouts of 
     America for camp upgrades in Tyrone, Pennsylvania;
       634. $105,000 for Indiana University of Pennsylvania for 
     construction of a Regional Development Complex in Indiana, 
     Pennsylvania;
       635. $25,000 for improvements to Nitterhouse Community Park 
     in Chambersburg, Pennsylvania;
       636. $250,000 to the University Technology Park in Chester, 
     Pennsylvania to develop parking facilities for its first and 
     second phase buildings;

[[Page H10837]]

       637. $200,000 to the South Carolina School for the Deaf and 
     Blind for renovations of a dormitory building in Spartanburg, 
     South Carolina;
       638. $100,000 to the City of Columbia, South Carolina for 
     capitalization of the Enterprise Revolving Loan Fund;
       639. $100,000 to the City of Columbia, South Carolina for 
     industrial park development;
       640. $100,000 to the City of Williamson County, Tennessee 
     for the planning and improvements for the Cool Springs Life 
     Sciences Center;
       641. $250,000 to East Tennessee Historical Society for 
     construction of the East Tennessee History Center in 
     Knoxville, Tennessee;
       642. $475,000 to the East Tennessee Veterans Memorial 
     Association for construction of an East Tennessee Veterans 
     Memorial in Knoxville, Tennessee;
       643. $100,000 to the Second Harvest Food Bank of Northeast 
     Tennessee for facilities renovations;
       644. $100,000 to the Oak Ridge Center for Entrepreneurial 
     Growth in Knoxville, Tennessee to expand successful business 
     counseling programs and to prepare new technology companies 
     to qualify for financing at various stages of their 
     development;
       645. $250,000 to Hamilton County, Tennessee for facilities 
     construction for a Center for Entrepreneurial Growth 
     Incubator;
       646. $250,000 to the City of Arlington, Texas for 
     facilities construction and land acquisition and including up 
     to $100,000 for an economic development planning study;
       647. $250,000 to the City of Arlington, Texas for 
     facilities construction and renovation of the Central 
     Arlington Housing Development Corporation;
       648. $950,000 for Texas A&M International University for 
     facility improvements in the City of Laredo, Texas;
       649. $200,000 to the City of Houston, Texas for the Super 
     Block renovations;
       650. $725,000 to the City of Fort Worth, Texas for 
     construction of the Trinity River Vision project;
       651. $150,000 to the City of Leonard, Texas for streetscape 
     infrastructure including sidewalks projects;
       652. $200,000 to the Audie Murphy/American Cotton Museum in 
     Greenville, Texas for facilities construction and renovation;
       653. $100,000 to Breedlove Dehydrated Foods in Lubbock, 
     Texas for facilities expansion;
       654. $100,000 to the South Plains Food Bank in Lubbock, 
     Texas for facilities upgrades;
       655. $100,000 to the Science Spectrum Museum in Lubbock, 
     Texas for facilities upgrades;
       656. $250,000 to the City of Dallas, Texas for renovation 
     to the Texas Theatre;
       657. $100,000 for the World Congress on Information 
     Technology in Austin, Texas for facilities construction and 
     renovation of the International Center;
       658. $150,000 to Brigham City, Utah for facilities 
     construction and renovation of the Box Elder Dance Academy;
       659. $150,000 for the Virginia Holocaust Museum in 
     Richmond, Virginia for facilities renovation;
       660. $475,000 to the Virginia Performing Arts Foundation 
     for construction of the Virginia Performing Arts Foundation 
     Education Center in Richmond, Virginia;
       661. $150,000 to the Mary Washington College Foundation for 
     facilities construction and renovation of the Maury Center 
     Project;
       662. $200,000 to the City of Fairfax, Virginia for the City 
     of Fairfax Downtown Redevelopment Project;
       663. $250,000 to the Lutheran Housing Services, Inc. in 
     Burke, Virginia for facilities construction;
       664. $100,000 to the Town of Smithfield, Virginia for the 
     Smithfield Downtown Revitalization Project;
       665. $100,000 for the Franklin County Library in Rocky 
     Mount, Virginia for facilities renovation and equipment 
     replacement;
       666. $100,000 for Piedmont Arts Association for technology 
     improvements in Martinsville, Virginia;
       667. $150,000 to the Town of Appomattox, Virginia for 
     facilities construction of an African-American cultural and 
     heritage museum at the Carver-Price building;
       668. $100,000 for the Town of South Boston, Virginia for 
     renovations and creation of a community arts center at the 
     Prizery;
       669. $125,000 for the City of Moneta, Virginia for 
     facilities construction and renovation of an art, education 
     and community outreach center;
       670. $150,000 to Kenbridge, Virginia for facilities and 
     construction at the Kenbridge Town Center;
       671. $75,000 to the Town of Boydton, Virginia for 
     revitalization efforts of the central business district;
       672. $99,000 for Patrick Henry Community College in Henry 
     County, Virginia for equipment to train students in the 
     motorsports industry;
       673. $51,000 for the Robert E. Lee Community Center in 
     Chase City, Virginia to assist with renovations to the Robert 
     E. Lee Auditorium;
       674. $75,000 to the City of Big Island, Virginia for the 
     Sedalia Center restoration;
       675. $475,000 to the Total Action Against Poverty to 
     restore and revitalize the Dumas Center for Artistic and 
     Cultural Development in downtown Roanoke, Virginia;
       676. $75,000 to the Transitional Housing Program, Inc. in 
     the city of Front Royal, Virginia for construction for a 
     transitional housing program;
       677. $100,000 to Loudon Cares in Leesburg, Virginia for 
     facilities construction and renovation;
       678. $250,000 for the Good Shephard Alliance in Leesburg, 
     Virginia to build a homeless and poverty center;
       679. $250,000 to Dodona Manor in Leesburg, Virginia for 
     construction and renovation;
       680. $475,000 to the Museum of Shenandoah Valley in 
     Winchester, Virginia for facilities construction;
       681. $200,000 for facilities expansion and renovation of 
     the Virginia Historical Society;
       682. $280,000 to the Walter Clore Wine and Culinary Center 
     in Prosser, Washington for facilities construction;
       683. $100,000 for the Spokane Symphony for renovations to 
     the Fox Theater in Spokane, Washington;
       684. $100,000 to the Business and Industrial Development 
     Corporation for economic development planning study related 
     to the DOW Technology Park;
       685. $50,000 to the Business and Industrial Development 
     Corporation for laboratory and office renovations;
       686. $130,000 to the Fremont County Association of 
     Governments for improvements to the Fremont County War 
     Memorial;
       687. $70,000 to the Paper Industry International Hall of 
     Fame in Appleton, Wisconsin for facilities construction and 
     renovation;
       688. $100,000 to the City of Green Bay, Wisconsin for the 
     National Railway Museum for exhibits;
       689. $250,000 to the City of Cedarburg, Wisconsin for the 
     Cedarburg Site revitalization project;
       690. $48,500 to the City of Decatur, Alabama for 
     improvements to Delano Park;
       691. $48,500 to the Muscle Shoals Regional Center at the 
     University of North Alabama for a feasibility study;
       692. $48,500 to the Morgan County Child Advocacy Center in 
     Decatur, Alabama for facilities construction and renovation;
       693. $48,500 to the Bankhead Educational Foundation, Inc. 
     for facilities planning and construction in Lawrence County, 
     Alabama;
       694. $72,750 to Parents and Children Together in Decatur, 
     Alabama for facilities construction, renovation, and upgrades 
     to its center;
       695. $72,750 to the Princess Theatre Center for Performing 
     Arts in Decatur, Alabama for facilities renovations;
       696. $97,000 to the Madison County Commission in Alabama 
     for countywide planning;
       697. $97,000 to Athens State University for facilities 
     renovation of McCandless Hall;
       698. $97,000 to the 1856 Memphis and Charleston Railroad 
     Freight Depot in Huntsville, Alabama, for repairs and 
     renovations;
       699. $97,000 to the Huntsville Museum of Art in Alabama for 
     facilities upgrades;
       700. $97,000 to the Northwest Alabama Children's Advocacy 
     Center for facilities improvements, expansions, and upgrades;
       701. $121,250 to the Huntsville-Madison County Botanical 
     Gardens in Alabama for improvements to facilities;
       702. $121,250 to the Helen Keller Birthplace Foundation for 
     restoration of Ivy Green in Tuscumbia, Alabama;
       703. $72,750 to the City of Hueytown, Alabama for 
     construction of the Hueytown Community Center;
       704. $97,000 to the Old Independence Regional Museum in 
     Arkansas for facilities renovation;
       705. $194,000 to the Arkansas State University for 
     facilities construction and renovation of the Vada Sheid 
     Community Development Center in Mountain Home, Arkansas;
       706. $72,750 to the City of Prescott, Arkansas for 
     construction of a public swimming pool;
       707. $121,250 to the City of Conway, Arkansas for 
     sidewalks, street furniture, and facade improvements the 
     Conway Redevelopment project;
       708. $72,750 to the Dunbar Coalition for the Dunbar Project 
     in Tucson, Arizona for playground equipment, restoration of 
     the school ramada, and renovation of the auditorium;
       709. $72,750 to the Buillion Plaza Museum Association in 
     Miami, Arizona for renovation of the museum building;
       710. $97,000 to the Boys and Girls Clubs of Metro Phoenix 
     for a new facility for the Glendale Boys & Girls Club in 
     Phoenix, Arizona;
       711. $242,500 to Chicanos Por La Causa for land acquisition 
     at the Buckeye Road Site Development in Phoenix, Arizona;
       712. $72,750 to the City of San Bernardino, California for 
     expansion of its senior center;
       713. $48,500 to the Optimist Youth Homes and Family 
     Services in Highland Park, Los Angeles, California for 
     facilities construction;
       714. $121,250 to the City of Los Angeles, California for 
     rehabilitation of the Echo Park Boathouse;
       715. $97,000 to the Sylmar Recreation and Park Center in 
     Sylmar, California for facilities construction and 
     renovation;
       716. $97,000 to the Valley Economic Development Center in 
     Pacoima, California for facilities construction of the 
     Pacoima Community Development Federal Credit Union;
       717. $121,250 to the City of Santa Barbara, California for 
     construction and restoration associated with the Arroyo Burro 
     Beach Park;
       718. $72,750 to the City of Stockton, California for 
     renovation of the El Dorado Teen Center;

[[Page H10838]]

       719. $72,750 to the Vietnam Veterans of San Diego for the 
     construction of a new homeless shelter in San Diego, 
     California;
       720. $72,750 to the City of Fresno, California for 
     improvements in the Southern Fresno Industrial Park;
       721. $169,750 to the City of Palo Alto, California for 
     restoration of the Palo Alto Children's Library;
       722. $291,000 to the Second Harvest Food Bank in Santa Cruz 
     and San Benito Counties, California for facilities 
     construction and renovations;
       723. $97,000 to the County of Imperial, California for 
     project planning of the Imperial County Eco Park;
       724. $72,750 to the City of Los Angeles, California for 
     land acquisition and development of the East Wilmington Park;
       725. $72,750 to the City of San Jose, California for 
     renovations and upgrades to a shopping district;
       726. $121,250 to the County of Alameda Public Works Agency 
     for sidewalks improvements in Cherryland and Ashland, 
     California;
       727. $97,000 to the City of San Jose, California for 
     construction of a multipurpose community center;
       728. $291,000 to the Sacramento Area Regional Technology 
     Alliance for an economic development planning study and 
     facility construction and renovation;
       729. $121,250 to the City of Long Beach, California for 
     renovation and expansion of the Museum of Latin American Art;
       730. $72,750 to the South Montebello Irrigation District in 
     Montebello, California for construction of a community 
     center;
       731. $291,000 to the International Museum of Women in San 
     Francisco, California for rehabilitation and buildout;
       732. $388,000 to the Filipino Cultural Center in San 
     Francisco, California for construction and buildout;
       733. $72,750 to the El Proyecto Pastoral for construction 
     of a pre-school center in Los Angeles, California;
       734. $121,250 to the East Los Angeles Community Corporation 
     for renovation of office space in Boyle Heights, Los Angeles, 
     California;
       735. $121,250 to the El Pueblo de Los Angeles Historic Park 
     for restoration of a mural in Los Angeles, California;
       736. $97,000 to the City of Anaheim, California for the 
     reconstruction and lighting of the Magnolia High School 
     athletic fields;
       737. $72,750 to the City of Burbank, California for 
     construction of the Ovrom Recreation Center and Community Day 
     School;
       738. $72,750 to the City of Porter Ranch, California for 
     facility expansion of the North Valley YMCA;
       739. $97,000 to the City of Azusa, California for 
     construction of a health care clinic;
       740. $97,000 to the City of Duarte, California for 
     construction of a new library;
       741. $97,000 to the City of Fremont, California for 
     facilities renovations to the Kidango Rix Child Care Center;
       742. $97,000 to the City of San Leandro, California for the 
     construction of the San Leandro Senior Citizens Center;
       743. $121,250 to the City of Lafayette, California for the 
     construction of a veterans memorial building;
       744. $72,750 to the City of American Canyon, California for 
     construction of the Veterans Memorial Park;
       745. $72,750 to the City of Windsor, California for the 
     rehabilitation of Keiser Park;
       746. $97,000 to the City of Lawndale, California for 
     construction of the Lawndale Senior Center;
       747. $169,750 to the City of Inglewood, California for 
     construction of the Inglewood Senior Center;
       748. $72,750 to the City of Los Angeles, California for 
     renovation of the Barnsdall House and Park;
       749. $266,750 to the City of Santa Monica, California for 
     facilities construction and renovation of the Santa Monica 
     National Mountains Gateway Visitors Center;
       750. $97,000 to the Valley of the Moon Children's Home for 
     construction in Santa Rosa, California;
       751. $97,000 to Center Point, Inc. in Marin County, 
     California for renovation of a treatment facility for youth;
       752. $72,750 to the Denver Department of Human Services for 
     renovations and buildout of a homeless shelter in Denver, 
     Colorado;
       753. $121,250 to the Greater Dwight Development Corporation 
     for construction of the Dwight Community Child Care Center in 
     New Haven, Connecticut;
       754. $145,500 to the City of Derby, Connecticut for the 
     Sterling Opera House renovation;
       755. $194,000 to the Main Street Development Corporation 
     for land acquisition, planning and facilities construction 
     associated with the Naugatuck Valley Economic Growth 
     Initiative in Naugatuck Valley, Connecticut;
       756. $121,250 to the University of Hartford, Connecticut 
     for renovations to the Hartt Performing Arts Center;
       757. $97,000 to Gonzaga High School in Washington, District 
     of Columbia for facilities renovation and construction;
       758. $145,500 to the Tri-County Ag Complex in Altha, 
     Florida for construction of a multipurpose center;
       759. $145,500 to the City of Carrabelle, Florida for 
     construction of a recreation park;
       760. $194,000 to the City of Orlando, Florida for land 
     acquisition in the Parramore Neighborhood;
       761. $72,750 to the City of St. Petersburg, Florida to 
     rehabilitate the Jordan School;
       762. $72,750 to the Urban League of Broward County, Florida 
     for construction of a community building resource center;
       763. $72,750 to Hendry County, Florida for sidewalks, 
     street furniture, and facade improvements at Hendry LaBelle 
     Community Civic Park;
       764. $72,750 to the Miami-Dade County Empowerment Zone 
     Trust for facility construction of the Poinciana 
     Biopharmaceutical Park;
       765. $145,500 to the Office of Farmworker Ministry in 
     Apopka, Florida for facilities construction;
       766. $72,750 to the SOWEGA Council on Aging for 
     construction of senior center in Albany, Georgia;
       767. $72,750 to America's Second Harvest of Georgia for 
     facility buildout in centers;
       768. $72,750 to Lowndes Association Ministries to People 
     (LAMP) for renovation of a multipurpose center in Valdosta, 
     Georgia;
       769. $72,750 to the East Baker Historical Society/21st 
     Century Community Corporation in Georgia for facility 
     repairs;
       770. $97,000 to the City of Plains, Georgia for 
     construction and facilities buildout of the Plains Rural 
     History Resource Center;
       771. $97,000 to Phoebe Putney Memorial Hospital in 
     Dougherty County, Georgia for building renovation;
       772. $97,000 to the National Infantry Foundation in 
     Columbus, Georgia for construction of New National Infantry 
     Museum and Heritage Park;
       773. $97,000 to Morris Brown College in Atlanta, Georgia 
     for renovation of a building;
       774. $97,000 to the Flint River Auditorium Alliance for 
     renovation of an auditorium in Flint River, Georgia;
       775. $97,000 to the Albany Theater in Albany, Georgia for 
     facilities renovations;
       776. $194,000 to the Miller County Development Authority 
     for construction of a sound stage in Colquitt, Georgia;
       777. $145,500 to the Covenant House of Atlanta, Georgia to 
     purchase and construct a new crisis shelter for homeless 
     youth;
       778. $145,500 to Spelman College in Atlanta, Georgia for 
     renovations to Rockefeller Hall;
       779. $121,250 to the Tubman Museum in Macon, Georgia for 
     construction;
       780. $97,000 to the City and County of Honolulu, Hawaii for 
     expansion and renovation of the Makiki Library;
       781. $121,250 to the City of Des Moines, Iowa for land 
     acquisition for a technology park;
       782. $169,750 to the City of Benton, Illinois for 
     construction of a new library;
       783. $242,500 to the Night of Ministry in Chicago, Illinois 
     for rehabilitation and construction of the Night of Ministry 
     Homeless Youth Housing Shelter;
       784. $970,000 to the Rush-Presbyterian-St. Luke's Medical 
     Center in Chicago, Illinois for facilities construction;
       785. $72,750 to the Academy for Urban School Leadership for 
     construction of a gymnasium and playing fields in Chicago, 
     Illinois;
       786. $194,000 to the City of Grafton, Illinois for 
     development of the marina and harbor, including construction 
     of sidewalks;
       787. $194,000 to the Western Illinois University for 
     construction of the Quad City Campus in Moline, Illinois;
       788. $194,000 to the Chicago Park District for the Davis 
     Square Park reconstruction in Chicago, Illinois;
       789. $121,250 to The Inner Voice/A Little Bit of Heaven for 
     facility upgrades to homeless shelters on the South Side of 
     Chicago, Illinois;
       790. $169,750 to the Calumet Area Redevelopment Initiative 
     for land acquisition and restoration of the Lake Calumet 
     area;
       791. $339,500 to the Greater Chicago Food Depository for 
     construction of a new foodbank and training facility
       792. $388,000 to the Village of Western Springs, Illinois 
     for land acquisition and construction of a parking lot;
       793. $72,750 to the Chicago Board of Education for 
     construction and renovations for a high school in Chicago, 
     Illinois;
       794. $72,750 to the City of Des Plaines, Illinois for 
     expansion of the Des Plaines Community Senior Center;
       795. $145,500 to the University of Indianapolis for 
     facility expansion in Indianapolis, Indiana;
       796. $266,750 to the City of Whiting, Indiana for 
     renovation of the Whiting Social Center Facility;
       797. $485,000 to the Town of Schererville, Indiana for 
     construction of a recreational facility;
       798. $72,750 to El Centro, Inc. for facilities construction 
     and renovation in a business park;
       799. $121,250 to the Kansas Chapter, National Korean War 
     Veterans' Association for construction of the Korean War 
     Memorial of Overland Park, Kansas;
       800. $121,250 to Morehead State University for construction 
     and expansion of classrooms in Mt. Sterling, Kentucky;
       801. $121,250 to the St. Mary's Women and Infants Center 
     for renovations to its facilities for homeless women and 
     children in Boston, Massachusetts;
       802. $97,000 to the Town of Barnstable, Massachusetts for 
     site preparation, design, sidewalks, street furniture, and 
     facade improvements;
       803. $72,750 to the Town of Dedham, Massachusetts for parks 
     improvements;
       804. $220,500 to the Mystic Valley Development Corporation 
     in Medford, Massachusetts

[[Page H10839]]

     for the development of a technology and research center;
       805. $145,500 to the Malden Immigrant Center in Malden, 
     Massachusetts for facilities construction, upgrades and 
     buildout;
       806. $97,000 to the City of Worcester, Massachusetts for 
     facilities construction and renovation of the Worcester 
     Center for the Performing Arts;
       807. $121,250 to the Lowell, Massachusetts Boys and Girls 
     Club for facility improvements;
       808. $145,500 to the City of Springfield, Massachusetts for 
     construction of the Springfield Public Market;
       809. $169,750 to the American International College in 
     Springfield, Massachusetts for increased classroom space at 
     the Reed Mansion and Breck Hall;
       810. $194,000 to the New England Log Homes Redevelopment 
     for demolition in Great Barrington, Massachusetts;
       811. $485,000 to the Food Bank of Western Massachusetts in 
     Hatfield, Massachusetts for facilities expansion;
       812. $145,500 to Salem State College in Salem, 
     Massachusetts for construction and renovation of its Art 
     Glass Works Facility;
       813. $72,750 to the Enterprise Foundation for a feasibility 
     study in Annapolis, Maryland;
       814. $145,500 to the Baltimore School for the Arts for 
     building upgrades in Baltimore, Maryland;
       815. $60,000 to the Ministers Alliance of Charles County 
     and Vicinity in Waldorf, Maryland for facilities renovation 
     and buildout for a minority business center;
       816. $194,000 to the Town of North Beach, Maryland for 
     construction of a gym and multipurpose room at the Bayside 
     Boys and Girls Club;
       817. $194,000 to the Girl Scout Council of the Nation's 
     Capital for the Girl Scout Camp construction, in Charles and 
     Prince Georges Counties, Maryland;
       818. $242,500 to St. Mary's County for land acquisition and 
     demolishment at the Lexington Manor Northern Parcel in 
     Leonardtown, Maryland;
       819. $72,750 to the Cal Ripken Senior Foundation for 
     construction of a stadium in Aberdeen, Maryland;
       820. $72,750 to Prince Georges County, Maryland for 
     facilities construction and renovation of the Permanent 
     Employment & Training Center and Multicultural Academy;
       821. $121,250 to the Anacostia Watershed Society for 
     facilities renovation of the George Washington House in 
     Prince George's County;
       822. $121,250 to the Gulf of Maine Research Institute for 
     facilities construction and renovation in Portland, Maine;
       823. $97,000 to the City of Lewiston, Maine for renovation 
     of a public theatre;
       824. 97,000 to the City of Lewiston, Maine for renovation 
     of the Franco-American Heritage Center;
       825. $121,250 to the City of Greenville, Maine for 
     rehabilitation of the Junction Wharf;
       826. $121,250 to the City of Detroit, Michigan for 
     demolition;
       827. $169,750 to the Arab Community Center for Economic and 
     Social Services in Dearborn, Michigan for construction of a 
     museum;
       828. $72,750 to Genesee County, Michigan for demolition, 
     rehabilitation, and site preparation;
       829. $72,750 to the Tuscola Human Development Commission 
     for construction of an intergenerational day care facility in 
     Caro, Michigan;
       830. $315,250 to the City of Detroit, Michigan for 
     sidewalks, street furniture, and facade improvements to the 
     Detroit RiverWalk, East River Front;
       831. $48,500 to the Cities of Manistique and Charlevoix, 
     Michigan for the Northern Michigan Senior Centers Renovation 
     Project;
       832. $145,500 to Marquette General Hospital in Marquette, 
     Michigan for construction of a trauma and emergency center;
       833. $72,750 to the City of South St. Paul, Minnesota for 
     site preparation at Port Crosby Park;
       834. $97,000 to Leech Lake Tribal College for facilities 
     construction and renovation in Cass Lake, Minnesota;
       835. $145,500 to the City of Royalton, Minnesota for the 
     renovation of a multi-purpose community facility;
       836. $145,500 to the City of Park Rapids, Minnesota for 
     Teamworks for a new industrial park;
       837. $97,000 to the City of Willmar, Minnesota for 
     redevelopment of a closed airport into the City of Willmar 
     Industrial Park;
       838. $97,000 to the City of Canby, Minnesota for 
     construction of the Prairie Farm Preservation Education and 
     Exhibit Center;
       839. $218,250 to the Neighborhood Involvement Program in 
     Minneapolis, Minnesota for rehabilitation of a multipurpose 
     community center;
       840. $339,500 to the Ritz Theater Foundation in 
     Minneapolis, Minnesota for renovations to the Ritz Theater;
       841. $72,750 to the City of St. Louis, Missouri for 
     construction of the Northside Recreation Center;
       842. $97,000 to the City of St. Louis, Missouri for 
     streetscape improvements, facade improvements, and street 
     furniture in the commercial district;
       843. $97,000 to the Lemay Development Corporation in St. 
     Louis, Missouri for land and site acquisition, demolition, 
     streetscape improvements and renovation of St. Louis 
     neighborhoods;
       844. $194,000 to the Missouri Sheriff's Association for 
     construction of an indoor firing range in Jefferson City, 
     Missouri;
       845. $97,000 to Clarke County, Mississippi for development 
     of an industrial park;
       846. $121,250 to Wayne County, Mississippi for development 
     of an industrial park;
       847. $72,750 to the Mississippi Valley State University for 
     a feasibility study of the recreation areas at the Boys and 
     Girls Club facilities in Itta Benna, Mississippi;
       848. $97,000 to the Mississippi Valley State University in 
     Itta Benna, Mississippi for the renovation and expansion of 
     current facilities for the Center for Rural and Small Town 
     Development;
       849. $72,750 to the City of Henderson, North Carolina for 
     facilities construction associated with downtown 
     revitalization;
       850. $97,000 to the Raleigh Area Development Authority in 
     Raleigh, North Carolina for capitalization of a loan fund;
       851. $145,500 to Duplin County, North Carolina for 
     retrofitting and upgrades to the West Park Business 
     Technology Center;
       852. $72,750 to the Wake County Library Foundation for 
     construction of a downtown library in Raleigh, North 
     Carolina;
       853. $72,750 to the Music Maker Relief Foundation Inc. for 
     acquisition, renovation, and buildout of a facility in Orange 
     County, North Carolina.;
       854. $97,000 to the North Carolina Community Development 
     Initiative, Inc. for construction and buildout of a community 
     center in Apex, North Carolina;
       855. $97,000 to Durham County, North Carolina for 
     renovation and buildout of a community health center;
       856. $97,000 to the Center for Community Self-Help in 
     Durham, North Carolina for construction and buildout of a 
     farmer's market facility;
       857. $97,000 to the Summit House, Inc. for construction and 
     buildout of a residential facility for incarcerated mothers 
     and their children in North Carolina;
       858. $145,500 to Triangle Residential Options for Substance 
     Abusers, Inc. for expansion and buildout of substance abuse 
     treatment facilities in Durham, North Carolina;
       859. $145,500 to the Town of Holly Springs, North Carolina 
     for construction and buildout of a performing and cultural 
     arts center;
       860. $145,500 to the Town of Fuquay-Varina, North Carolina 
     for renovation, expansion, and buildout of a community 
     center;
       861. $145,500 to the Town of Apex, North Carolina for 
     renovation, expansion, and buildout of a performing and 
     cultural arts center;
       862. $97,000 to the East Market Street Development 
     Corporation for facility renovations to the old post office 
     site in Greensboro, North Carolina;
       863. $121,250 to the Bennett College Science Center for 
     facilities construction and renovation in Greensboro, North 
     Carolina;
       864. $121,250 to the Three Affiliated Tribes at Fort 
     Berthold, North Dakota for construction of a cultural 
     interpretive center;
       865. $194,000 to the LEAP Academy University Charter High 
     School for facilities construction and renovation in Camden 
     City, New Jersey;
       866. $121,250 to the Township of Franklin in Somerset 
     County, New Jersey for acquisition of a building to be 
     renovated into a museum;
       867. $97,000 to Hudson County Community College for 
     construction of Union City Campus in Union City, New Jersey;
       868. $97,000 to the Jersey City Medical Center in New 
     Jersey for facilities construction and expansion of a heart 
     institute;
       869. $169,750 to the City of Perth Amboy, New Jersey for 
     rehabilitation and construction of the Jewish Renaissance 
     Medical Center;
       870. $145,500 to Monmouth University in West Long Beach, 
     New Jersey for renovation of the Guggenheim Memorial Library;
       871. $97,000 to the County of Essex, New Jersey for 
     expansion of the Essex County Environmental Center in 
     Roseland, New Jersey;
       872. $145,500 to the City of Newark, New Jersey for land 
     acquisition for the University Heights Science Park;
       873. $145,500 to the Newark Museum in Newark, New Jersey 
     for renovation and expansion of an existing facility;
       874. $72,750 to the Fort Lee Senior Center in Fort Lee, New 
     Jersey for expansion;
       875. $72,750 to the Town of Hackensack, New Jersey for 
     streetscape renovation;
       876. $72,750 to Rowan University in Mantua, New Jersey for 
     construction of a technology park;
       877. $97,000 to the Saint Peter's College Campus Community 
     Center in Jersey City, New Jersey for a feasibility study;
       878. $72,750 to Mora County, New Mexico for construction of 
     the David Cargo Public Library;
       879. $97,000 to the Nevada Partners, Inc. for facilities 
     construction and expansion of a training facility in North 
     Las Vegas, Nevada;
       880. $72,750 to the North Shore Child and Family Guidance 
     Center for expansion of a building in Long Island, New York;
       881. $121,250 to the City of Holtsville, New York for 
     facilities construction of the Brookhaven/Patchogue Family 
     YMCA;
       882. $48,500 to Truman High School in the Bronx, New York 
     for facilities renovation;
       883. $72,750 to Elmcor Youth and Adult Activities for 
     construction of an economic development center in Queens, New 
     York;

[[Page H10840]]

       884. $145,500 to the City of Mt. Vernon, New York for 
     restoration of an abandoned building into a job training and 
     cultural center;
       885. $72,750 to Johnson City, New York for facilities 
     construction and renovations to the Goodwill Theater;
       886. $121,250 to the City of Kingston, New York for the 
     Ulster Performing Arts Center for renovations, upgrades, and 
     repairs;
       887. $121,250 to the Rural Ulster Preservation Company in 
     Kingston, New York for renovations to the Kirkland Hotel;
       888. $72,750 to the City of Northport, New York for 
     construction of the Northport American Legion facility;
       889. $72,750 to the Village of Dobbs Ferry, New York for 
     streetscape improvements;
       890. $97,000 to the Volunteer Counseling Services of 
     Rockland County, New York for renovations to its building;
       891. $97,000 to the City of Greenburgh, New York for 
     upgrades and renovations to make facilities in Webb Park;
       892. $97,000 to the Village of West Haverstraw, New York 
     for sidewalk improvements;
       893. $145,500 to the Village of Port Chester, New York for 
     construction of a senior center;
       894. $72,750 to the Queens Borough Public Library System 
     for construction of a library in Queens, New York;
       895. $121,250 to the Lower East Side Tenement Museum for 
     facilities construction, renovation and buildout;
       896. $121,250 to the Town of North Hempstead, New York for 
     renovation of blighted properties in New Castle, New York;
       897. $97,000 to the City of Albany, New York for the South 
     End Demolition Project;
       898. $97,000 to the City of Albany, New York for expansion 
     of the Palace Theater stage;
       899. $97,000 to the City of Albany, New York for the 
     Corning Preserve Albany Waterfront Development;
       900. $121,250 to Jamaica Hospital in New York, New York for 
     land acquisition;
       901. $72,750 to the Federation of Italian-American 
     Organizations for expansion and renovation of its community 
     center in Brooklyn, New York;
       902. $97,000 to the City of Brooklyn, New York for 
     construction of a computer lab;
       903. $121,250 to the Brooklyn Public Library for renovation 
     and development of the library's Central Plaza in Brooklyn, 
     New York;
       904. $97,000 to the Aaron Davis Hall, Inc. for restoration 
     and renovation of the hall into a performing arts building in 
     Harlem, New York;
       905. $145,500 to The Armory Foundation for facilities 
     renovation in New York;
       906. $145,500 to the Amigos del Museo del Barrio, Inc. in 
     New York, New York for capital improvements to the Heckscher 
     Building;
       907. $121,250 to the Pregones Theater in Bronx, New York 
     for interior structural renovation work;
       908. $344,000 to the City of New York Department of Parks & 
     Recreation for renovations to the Bath House at Crotona Park;
       909. $585,000 to the Mary Mitchell Family & Youth Center 
     for construction of a multipurpose center in Bronx, New York;
       910. $72,750 to the Town of Tonawanda, New York for repairs 
     to a training facility;
       911. $72,750 to Group 14621 Community Association for 
     renovations to the Pulaski Library in Rochester, New York;
       912. $97,000 to the City of Buffalo, New York for 
     renovations to the Broadway Market;
       913. $194,000 to the Brooklyn Academy of Music Local 
     Development Corporation for design, construction, and 
     streetscape improvements to the District's South Site in 
     Brooklyn, New York;
       914. $169,750 to the Brooklyn Economic Development 
     Corporation to rehabilitate a building for business and 
     economic development activities in Brooklyn, New York;
       915. $72,750 to the Education Center for Russian Jewry in 
     Rego Park, Queens, New York for facilities construction;
       916. $121,250 to the City of Broadview Heights, Ohio for 
     demolition;
       917. $72,750 to Stella Maris, Inc. in Cleveland, Ohio for 
     construction of a community recovery center;
       918. $97,000 to the City of Toledo, Ohio for economic 
     development planning for the Reynolds Road Green Corridor 
     project;
       919. $97,000 to the Lagrange Development Corporation in 
     Toledo, Ohio for construction of a community center;
       920. $242,500 to the City of Toledo, Ohio for building 
     construction and streetscape improvements along Detroit 
     Avenue;
       921. $630,500 to the City of Toledo, Ohio for the Erie 
     Street Market for Facilities reconstruction;
       922. $72,750 to the Board of County Commissioners in 
     Portage County, Ohio for construction of a veteran memorial 
     in Ravenna, Ohio;
       923. $97,000 to Washington State Community College in 
     Marietta, Ohio for construction of a conference center;
       924. $72,750 to the City of Portland, Oregon for the 
     Central City Eastside Streetcar project;
       925. $72,750 to the Oregon Museum of Science and Industry 
     for land acquisition in East Portland, Oregon;
       926. $218,250 to the Port of Brookings Harbor, Oregon for 
     construction of a seafood processing plant;
       927. $72,750 to the City of Salem, Oregon for facility 
     improvements to the Salem Conference Center;
       928. $121,250 to the City of Salem, Oregon for industrial 
     park development at the Mill Creek Industrial and Employment 
     Center;
       929. $121,250 to the City of Philadelphia, Pennsylvania for 
     renovations to the Rock School;
       930. $72,750 to the Bloomfield Preservation and Heritage 
     Society for construction of its Education, Research, and 
     Development Center in Pittsburgh, Pennsylvania;
       931. $72,750 to the Breachmenders Mentoring Grants Program 
     in Pittsburgh, Pennsylvania for facility renovations and 
     upgrades;
       932. $72,750 to the Neighborhood Centers Association's 
     Childcare/Early Childhood Education Center for facilities 
     construction of a childhood education center in Pittsburgh, 
     Pennsylvania;
       933. $72,750 to the Homeless Children Education Fund/
     Learning Centers' homeless shelters for facility 
     revitalization and renovations in Allegheny County, 
     Pennsylvania;
       934. $72,750 to North Hills Community Outreach in the 
     Borough of Millvale, Pennsylvania for facilities construction 
     and renovation;
       935. $97,000 to the C.C. Mellor Memorial Library in 
     Pittsburgh, Pennsylvania for infrastructure repairs;
       936. $48,500 to the American Theater Arts for Youth, Inc. 
     in Philadelphia, Pennsylvania for facility enhancements;
       937. $48,500 to the Potters House Mission in West 
     Philadelphia, Pennsylvania for land acquisition;
       938. $48,500 to The Inglis Foundation for facility upgrades 
     in Philadelphia, Pennsylvania for enhanced services;
       939. $97,000 to the Pinn Business Development Center in 
     Philadelphia, Pennsylvania for building renovations;
       940. $97,000 to the Mann Center for Performing Arts in 
     Philadelphia, Pennsylvania for rehabilitation and expansion 
     of the performance hall;
       941. $97,000 to the Greater St. Matthew Community 
     Development Center in Philadelphia, Pennsylvania for 
     construction of child development center;
       942. $97,000 to the United Way of Philadelphia, 
     Pennsylvania for facility upgrades of the People's Emergency 
     Center West Philadelphia Digital Community Inclusion Project;
       943. $194,000 to the Center in the Park in Philadelphia, 
     Pennsylvania for facility enhancements for a senior housing 
     facility;
       944. $416,750 to the Educational Advancement Alliance in 
     Philadelphia, Pennsylvania for acquisition or facilities 
     construction of a multipurpose facility;
       945. $97,000 to the Borough of Tremont, Pennsylvania for 
     sidewalks and streetscape lighting;
       946. $218,250 to the City of Harrisburg for capital costs 
     associated with the CorridorOne Regional Rail Program of the 
     Modern Transit Partnership in downtown Harrisburg, 
     Pennsylvania;
       947. $72,750 to the City of Scranton, Pennsylvania for land 
     acquisition, facilities renovation, and demolition;
       948. $145,500 to the City of Wilkes-Barre, Pennsylvania for 
     land acquisition, facilities renovation, and demolition;
       949. $97,000 to Washington County, Pennsylvania for 
     engineering and design of improvements at the Alta Vista 
     Business Park;
       950. $97,000 to Westmoreland County, Pennsylvania for 
     design, engineering and construction of the Rostraver 
     Veterans Memorial Park;
       951. $121,250 to Armstrong County, Pennsylvania for 
     planning and renovation of buildings for reuse associated 
     with the IUP Kittening Campus Reuse Project;
       952. $121,250 to Westmoreland County, Pennsylvania for 
     acquisition and reuse of a facility in the Lenox Building 
     Rehabilitation project;
       953. $145,500 to the Cambria County, Pennsylvania War 
     Memorial Authority for construction of a stage and sports 
     floor;
       954. $194,000 to the Greene County Community Center for 
     construction of a new community center in Greene County, 
     Pennsylvania;
       955. $242,500 to Armstrong County, Pennsylvania for 
     construction of replacement facilities at the Belmont 
     Complex;
       956. $242,500 to the Waynesburg College Center for Economic 
     Development in Greene County, Pennsylvania for facilities 
     construction and renovations;
       957. $291,000 to Fayette County, Pennsylvania for 
     development of a business park;
       958. $388,000 to Cambria County, Pennsylvania for facility 
     construction and improvements to the Johnstown Regional 
     Technology Complex;
       959. $485,000 to the Winnie Palmer Nature Reserve in 
     Westmoreland County, Pennsylvania for facilities construction 
     and development;
       960. $485,000 to Fayette County, Pennsylvania for 
     renovation, revitalization, and improvement associated with 
     the Downtown Uniontown Revitalization Project;
       961. $72,750 to the Please Touch Museum in Philadelphia, 
     Pennsylvania for facilities construction;
       962. $48,500 to the World War II Memorial Commission of 
     Rhode Island for the construction of the Rhode Island World 
     War II Memorial;
       963. $121,250 to the Cornerstone Adult Services/Bristol 
     Center for renovation of a mill building in Bristol, Rhode 
     Island;

[[Page H10841]]

       964. $145,500 to the City of East Providence, Rhode Island 
     for facilities construction and renovation of the East 
     Providence Senior Center;
       965. $72,750 to the City of West Warwick, Rhode Island for 
     construction of the West Warwick Senior Center;
       966. $242,500 to Salve Regina University in Newport, Rhode 
     Island for facilities renovations;
       967. $145,500 to the Five Rivers Community Development 
     Corporation for the acquisition of land for a community 
     training site in Georgetown County, South Carolina;
       968. $145,500 to the South Sumter Resource Center for 
     facilities construction and renovation in Sumter, South 
     Carolina;
       969. $97,000 to the Lee County Public Library in Lee 
     County, South Carolina for facilities expansion and 
     relocation;
       970. $291,000 to Clinton Junior College in Rock Hill, South 
     Carolina for construction of a new library/classroom 
     facility;
       971. $121,250 to the Cheyenne River Youth Project for 
     construction of a teen center in Eagle Butte, South Dakota;
       972. $72,750 to Fisk University in Nashville, Tennessee for 
     development of a physical facilities master plan;
       973. $121,250 to the Arts Center of Cannon County in 
     Woodbury, Tennessee for construction and renovation of the 
     Cannon County Cultural Tourism Complex;
       974. $72,750 to the Southwest Tennessee Community College 
     for expansion of a biotechnology building in Memphis, 
     Tennessee;
       975. $169,750 to the Arts Center of Cannon County for 
     expansion and construction of the Cannon County Cultural 
     Tourism Complex in Woodbury, Tennessee;
       976. $145,500 to the Lauderdale County Economic Development 
     Board in Ripley, Tennessee for industrial park development at 
     the North Industrial Park;
       977. $97,000 to the NABA International Park for the 
     construction and renovations of its visitor center;
       978. $97,000 to Southwest Key in Austin, Texas for 
     facilities construction;
       979. $97,000 to the City of Killeen, Texas for construction 
     of a senior citizens center;
       980. $436,500 to Quinn Campus, Inc. for construction, 
     renovation and upgrades at Paul Quinn College in Waco, Texas;
       981. $145,500 to Harris County, Texas Precinct 2 for the 
     Harris County Unincorporated Area Revitalization Program in 
     Harris County, Texas to enhance economic development in the 
     area;
       982. $145,500 to the City of Houston, Texas for 
     construction and buildout of the Mason Park Family Center;
       983. $72,750 to Texas A&M University in Kingsville, Texas 
     for facility expansion of the Center for Young Children;
       984. $72,750 to the City of Houston, Texas for the 
     renovation of a school building to house an African-American 
     archive and cultural center;
       985. $121,250 to the City of Houston, Texas for capital 
     improvements to the Guadalupe Plaza Park;
       986. $72,750 to the City of Dallas, Texas for facilities 
     construction and buildout of the Joppa Rodeo;
       987. $121,250 to the City of Dallas, Texas for 
     rehabilitation of the Black Dance Theater;
       988. $169,750 to the Corpus Christi Regional Transportation 
     Authority for the sidewalk improvements in Corpus Christi, 
     Texas;
       989. $121,250 to the Canutillo, Texas Independent School 
     District for construction of a Science and research center;
       990. $97,000 to Salt Lake County, Utah for construction of 
     the East Side Senior Center;
       991. $121,250 to the Utah Shakespearean Festival for 
     architectural and engineering design and construction of a 
     performance facility;
       992. $194,000 to the Dabney S. Lancaster Community College 
     for construction of the Virginia Packaging Applications 
     Center;
       993. $97,000 to the Boys and Girls Club of Alexandria, 
     Virginia for renovation and expansion of its facility;
       994. $97,000 to the Shirlington Incubation Center in 
     Arlington, Virginia for construction of an incubator;
       995. $97,000 to the Arlington Housing Corporation in 
     Arlington County, Virginia for property acquisition, building 
     demolition, and facilities renovation;
       996. $169,750 to the Northern Virginia Urban League for 
     rehabilitation of the Freedom House in Alexandria, Virginia;
       997. $145,500 to the National Park Foundation for site 
     preparation and construction of a New Market Heights memorial 
     and visitor's center in Henrico County, Virginia;
       998. $291,000 to Edgehill Recovery Retreat Center in 
     Winchester, Virginia for facilities construction;
       999. $72,750 to the Central Vermont Council on Aging in 
     Barre, Vermont for construction and rehabilitation of senior 
     centers;
       1000. $72,750 to the Vermont Network Against Domestic 
     Violence and Sexual Assault in Montpelier, Vermont for 
     construction and rehabilitation of domestic violence 
     shelters;
       1001. $97,000 to the Vermont Employee Ownership Center in 
     Burlington, Vermont for capitalization of a loan fund;
       1002. $72,750 to the Fire Mountain Arts Council for 
     renovation of the Morton Theater in Morton, Washington;
       1003. $72,750 to the City of Hoquiam, Washington for 
     renovation of the Senior Nutrition Center;
       1004. $194,000 to the Port of Bremerton, Washington for 
     expansion of a marina;
       1005. $388,000 to the Town of Port Townsend, Washington for 
     construction on the Northwest Maritime Center;
       1006. $72,750 to the Edmonds Public Facilities District for 
     renovations at the Edmonds Center for the Arts in Edmonds, 
     Washington;
       1007. $121,250 to the City of Bellingham, Washington for 
     renovations to the Mount Baker Theater;
       1008. $72,750 to the Boys and Girls Club of King County, 
     Washington for renovation of the Greenbridge Community Center 
     in white Center;
       1009. $72,750 to the Asian counseling and Referral Service 
     for construction of a new building in Seattle, Washington;
       1010. $72,750 to the City of Federal Way, Washington for 
     the West Hylebos Wetlands Boardwalk Replacement;
       1011. $169,750 to the City of Beloit, Wisconsin for 
     sidewalks, street furniture, and facade improvements;
       1012. $97,000 to Dakota County Technical College and 
     Chippewa Valley Technical College for construction of the 
     Center of Technology Innovation and Learn Lab in Eau Claire, 
     Wisconsin and Rosemount, Minnesota;
       1013. $242,500 to the Wisconsin Rapids Heart of Wisconsin 
     Chamber of Commerce for a loan fund;
       1014. $940,000 to the Ashwabay Outdoor Education Foundation 
     in Washburn, Wisconsin for acquisition of land;
       1015. $1,000,000 to the Marshfield Clinic for construction 
     of the Melvin R. Laird Center for Applied Sciences;
       1016. $97,000 to Forward Southern West Virginia in Beckley, 
     West Virginia for land acquisition, planning, design and 
     construction;
       1017. $657,000 to the Greenbrier Valley Economic 
     Development Corporation in Lewisburg, West Virginia for 
     facilities construction and buildout;
       1018. $970,000 to the 4-County Economic Development 
     Corporation in Oak Hill, West Virginia for facilities 
     construction;
       1019. $72,750 to the Mountaineer Area Council in Fairmont, 
     West Virginia for facilities construction;
       1020. $72,750 to the Wetzel County 4-H Camp in New 
     Martinsville, West Virginia for facilities renovation and 
     buildout;
       1021. $72,750 to the Grant County Library Commission in 
     Grant county, West Virginia for facilities construction and 
     renovation;
       1022. $97,000 to Alderson-Broaddus College in Philippi, 
     West Virginia for facilities construction, upgrades and 
     buildout;
       1023. $97,000 to the Tyler County Commission in Tyler 
     County, West Virginia for facilities construction and 
     renovations;
       1024. $97,000 to the Monongalia County Schools Foundation, 
     Inc. in West Virginia for construction of recreational 
     facilities;
       1025. $97,000 to the Marion County Commission in Marion 
     County, West Virginia for planning, renovation and 
     construction;
       1026. $97,000 to West Liberty State College in West 
     Liberty, West Virginia for planning and construction;
       1027. $97,000 to Glenville State College in Glenville, West 
     Virginia for planning and design of a science center;
       1028. $97,000 to the Strand Theatre Preservation Society in 
     Moundsville, West Virginia for theatre renovations;
       1029. $242,500 to Wheeling Hospital in Wheeling, West 
     Virginia for facilities upgrades and buildout;
       1030. $1,386,600 to Vandalia Heritage Foundation, Inc. for 
     land acquisition;
       1031. $1,090,900 to the West Virginia High Technology 
     Consortium Foundation, Inc. for facilities construction; and
       1032. $1,940,000 to Glenville State College in Glenville, 
     West Virginia for the construction of a new campus community 
     education center.
       --$42,000,000 for the Neighborhood Initiatives program 
     instead of $21,735,000 as proposed by the House and 
     $22,000,000 as proposed by the Senate. Modified language is 
     included, similar to language proposed by the House and 
     Senate, to target funds made available under this program. 
     Targeted grants shall be provided as follows:
       1. $250,000 for the reconstruction of Newell Hall at the 
     University of Florida;
       2. $300,000 for Lokahi Pacific in Wailuku, Hawaii for costs 
     associated with the construction of the Blue Hawaii Building 
     Projects and the Wailuku Small Business Center;
       3. $200,000 for the Patriot's Gateway Center in Rockford, 
     Illinois for continuation of programs and neighborhood 
     revitalization in Rockford;
       4. $500,000 for the City of Terre Haute, Indiana for the 
     Terre Haute Business Incubator;
       5. $500,000 for the Iowa Department of Economic Development 
     for the enhancement of regional economic development 
     capabilities;
       6. $300,000 for the City of Council Bluffs, Iowa for 
     downtown revitalization;
       7. $500,000 for Catholic Housing of Wyandotte County, 
     Kansas, Inc. for construction of low-cost housing and 
     economic development activities as part of the Bethany 
     Redevelopment Project in Wyandotte County, Kansas;
       8. $1,000,000 for the Casey County Fiscal Court, Kentucky 
     for the Central Kentucky Agriculture and Exposition Center in 
     Casey County, Kentucky;
       9. $1,000,000 for East Baltimore Development Inc., in 
     Baltimore, Maryland for redevelopment activities in East 
     Baltimore;
       10. $1,300,000 for the Denali Commission for economic 
     development in remote Native and rural villages in Alaska;

[[Page H10842]]

       11. $300,000 for the Cambridge Redevelopment Authority, 
     Massachusetts for the Kendall Square Renewal Area Project;
       12. $300,000 for the Detroit Riverfront Conservancy, 
     Michigan for costs associated with the restoration of Detroit 
     riverfront west;
       13. $1,000,000 to the B.B. King Museum Foundation for the 
     B.B King Museum in Indianola, Mississippi;
       14. $300,000 to Mississippi State University for the 
     Capacity Development Initiative in Starkville, Mississippi;
       15. $250,000 to Jackson State University for the Lynch 
     Street Development Corridor Redevelopment in Jackson, 
     Mississippi;
       16. $250,000 to the City of Grenada for the Taylor Hall 
     renovation in Grenada, Mississippi;
       17. $350,000 for the LeFleur Lakes Development Foundation 
     for an Economic Development Plan in Rankin and Hinds County, 
     Mississippi;
       18. $350,000 to Lincoln County for the restoration of the 
     Boys & Girls Club in Lincoln County, Mississippi;
       19. $5,000,000 for the Grace Hill Neighborhood Health 
     Centers, Inc. shall be spent on primary prevention activities 
     with no less than $4,000,000 spent on remediation and 
     abatement activities of housing in St. Louis, Missouri;
       20. $500,000 to the Urban League of Kansas City, Missouri 
     for programs to support at-risk youth in the urban core of 
     Kansas City;
       21. $260,000 to the Central Missouri Food Bank in Columbia, 
     Missouri for capital campaign project;
       22. $90,000 to the Special Learning Center in Jefferson 
     City, Missouri for staffing, training, equipment, supplies 
     and renovations;
       23. $50,000 to the Children's Therapy and Early Education 
     School in Mexico, Missouri for an indoor exercise and gym 
     area and to provide location for occupational and physical 
     therapy for children with developmental delays and special 
     needs;
       24. $250,000 for the Urban Institute in Washington, DC for 
     HOPE VI related research activities;
       25. $1,000,000 for the Georgia Museum of Art in Athens, 
     Georgia for completion of phase II;
       26. $250,000 for the City of North Las Vegas, Nevada for a 
     neighborhood beautification project;
       27. $500,000 for the City of Rugby, North Dakota to 
     continue work on information technology and energy projects;
       28. $400,000 for Charleston Housing Trust Incorporated in 
     South Carolina for the development of affordable housing;
       29. $300,000 for Mercy Housing, Inc. for improvements to 
     rural housing in Yakima, Washington; and
       30. $1,000,000 for the Girl Scouts of the USA for youth 
     development initiatives in public housing;
       31. $1,000,000 for Shepherd University in Shepherdstown, 
     West Virginia for construction, related activities, and 
     programs at the Scarborough Library;
       32. $500,000 for the Boys and Girls Clubs of America to 
     establish programs for youth living in Public and Indian 
     housing communities;
       33. $800,000 to Swope Community Builders in Kansas City, 
     Missouri for the redevelopment of the Brush Creek 
     Neighborhood;
       34. $100,000 to Tri-State University in Angola, Indiana for 
     facilities construction and renovation of the Center for 
     Technology and Online Resources;
       35. $250,000 to Bradley University in Peoria, Illinois for 
     facilities construction and renovation of Bradley Hall;
       36. $250,000 to Pathway Services in Jacksonville, Illinois 
     for facilities construction and renovation of a respite care 
     facility;
       37. $100,000 to Teen Challenge in Decatur, Illinois for 
     facilities construction and renovation;
       38. $100,000 to Quincy University in Quincy, Illinois for 
     design and construction of a science building;
       39. $100,000 to Tazewell/Woodford Head Start in East 
     Peoria, Illinois for facilities construction and renovation 
     of a new facility;
       40. $100,000 to the City of Peoria, Illinois for Southern 
     Gateway revitalization project;
       41. $275,000 to the First Gethsemane Center for Family 
     Development in Louisville, Kentucky for the purchase of a 
     multi-purpose facility;
       42. $600,000 to Maryhurst, Inc. in Louisville, Kentucky for 
     facilities construction and renovation of a multi-purpose 
     youth activities center;
       43. $675,000 to the YMCA of Greater Louisville, Kentucky 
     for renovations to the Chestnut Street facility;
       44. $200,000 to the Visually Impaired Preschool Services in 
     Louisville, Kentucky for facilities renovation;
       45. $735,000 to the Monroe County Heritage Christian Home 
     for costs associated with construction of the Springdale Farm 
     Demonstration Project located in Ogden, Monroe County, New 
     York;
       46. $500,000 to NYSERNET for optical networking 
     infrastructure;
       47. $550,000 to the Central New York Regional Planning and 
     Development Board for Finger Lakes Open Lands Conservation 
     Project;
       48. $475,000 to the Genesse/Finger Lakes Regional Planning 
     Council for the Finger Lakes Open Lands Conservation Project;
       49. $5,540,000 to the City of Syracuse, New York for the 
     Neighborhood Initiative Program;
       50. $1,000,000 for The Ohio State University in Columbus, 
     Ohio for facilities construction and renovation in the 
     Community Properties of Ohio Initiative.
       51. $2,910,000 to the Institute for Scientific Research for 
     construction related to a high-technology diversification 
     initiative
       52. $2,660,000 to the West Virginia High Technology 
     Consortium Foundation, Inc. for mission purposes and economic 
     development initiatives;
       53. $2,910,000 to the Vandalia Heritage Foundation, Inc. 
     for community and neighborhood revitalization and economic 
     diversification initiatives; and
       54. $970,000 to the City and County of San Francisco for 
     capital; and improvements, upgrades and buildout for a senior 
     homeless facility.
       Includes modified language making technical corrections to 
     certain targeted economic development initiative grants 
     funded under this heading in prior appropriations Acts, 
     similar to language proposed by the House and the Senate.
       Includes language proposed by the House transferring up to 
     $3,465,000 to the Working Capital Fund for development of and 
     modifications to information technology systems. Modified 
     language is included to broaden the uses of these funds to 
     include other Departmental information technology needs. The 
     Senate had proposed $500,000 for this transfer.
       Includes language limiting the use of funds provided under 
     this heading for planning, management and administration to 
     not more than 20 percent of the funds provided except for 
     amounts provided for certain activities as proposed by the 
     House and the Senate.


         COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $7,000,000 for costs associated with section 
     108 loan guarantees, including administrative costs, to 
     subsidize a total loan principal of up to $275,000,000 as 
     proposed by the House. The Senate had proposed $7,325,000 for 
     this account.


                       BROWNFIELDS REDEVELOPMENT

       Appropriates $24,000,000 for brownfields redevelopment as 
     proposed by the House. The Senate had proposed $25,000,000 
     for this account.


                  HOME INVESTMENT PARTNERSHIPS PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates a total of $1,915,000,000 for this account, 
     instead of $1,920,000,000 as proposed by the House and 
     $2,050,000,000 as proposed by the Senate.
       The conference agreement includes $1,865,000,000 for the 
     HOME Investment Partnerships program, instead of 
     $1,835,000,000 as proposed by the House and $2,000,000,000 as 
     proposed by the Senate. Within this account, funds are 
     allocated as follows:
        $42,000,000 is for housing counseling. The House had 
     proposed $38,000,000 for housing counseling and the Senate 
     had proposed $45,000,000;
        $18,000,000 is for technical assistance as proposed by the 
     Senate. The House had proposed $17,400,000 for technical 
     assistance. Of amounts made available for technical 
     assistance, $7,500,000 is for qualified non-profit 
     intermediaries to provide technical assistance to Community 
     Housing and Development Organizations (CHDOs) instead of 
     $7,000,000 as proposed by the House and $8,000,000 as 
     proposed by the Senate; and
        $2,000,000 as a transfer to the Working Capital Fund as 
     proposed by the House instead of $500,000 as proposed by the 
     Senate. Modified language is included to broaden the uses of 
     these funds to include other Departmental information 
     technology needs.
       In addition, the conference agreement includes $50,000,000 
     to provide down-payment assistance to low-income families to 
     help them achieve homeownership as proposed by the Senate, 
     instead of $85,000,000 as proposed by the House.


                       HOMELESS ASSISTANCE GRANTS

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $1,250,515,000 for homeless assistance grants, 
     instead of $1,206,000,000 as proposed by the House and 
     $1,260,000,000 as proposed by the Senate. Language is 
     included designating up to $11,500,000 for the national 
     homeless data analysis project and for technical assistance 
     as proposed by the House. The Senate had proposed $12,000,000 
     for these activities. Includes modified language proposed by 
     the House transferring $2,500,000 to the Working Capital 
     Fund. Modified language is included to broaden the uses of 
     these funds to include other Departmental information 
     technology needs. The Senate had proposed $500,000 for this 
     transfer.
       The conferees reiterate language proposed by the Senate 
     directing HUD to provide flexibility in the types of 
     activities that qualify in meeting the match requirement 
     under the Supportive Housing Program. The conferees also 
     reiterate the direction in the Senate report that HUD is to 
     include 5-year projections for the cost of renewing the 
     permanent housing component of the Supportive Housing Program 
     and Shelter Plus Care grants in its fiscal year 2006 budget 
     justification.

                            Housing Programs


                        HOUSING FOR THE ELDERLY

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $747,000,000 for this account instead of 
     $741,000,000 as proposed by the

[[Page H10843]]

     House and $773,800,000 as proposed by the Senate.
       The conference allocates funds as follows:
       --$650,550,000 for new capital and PRAC contracts;
       --$3,000,000 for one-year renewals of expiring PRAC 
     payments;
       --$50,000,000 for service coordinators and the continuation 
     of congregate services grants. The House had proposed 
     $48,000,000 for service coordinators and congregate services 
     and the Senate had proposed $53,000,000;
       --up to $25,000,000 for assisted living conversion grants 
     and emergency capital repairs. The House proposed $20,000,000 
     for assisted living conversion grants and emergency repairs, 
     and the Senate proposed $30,000,000 for assisted living 
     conversion grants, emergency capital repairs, and substantial 
     rehabilitation;
       --$18,000,000 for competitive grants for planning, design 
     and development activities for section 202 projects. The 
     House had proposed $15,000,000 for these activities and the 
     Senate had proposed $20,000,000. These funds are to be 
     allocated for project planning, preliminary design, site 
     control activities and other development costs, including gap 
     financing if appropriate, directly related to section 202 
     projects in order to facilitate timely completion of such 
     projects. The conferees do not intend for these funds to be 
     used for technical assistance but instead expect such funds 
     to be used for start-up costs associated with such projects; 
     and
       --$450,000 for transfer to the Working Capital Fund for 
     information technology activities as proposed by the House 
     instead of $75,000 as proposed by the Senate. Modified 
     language is included to broaden the uses of these funds to 
     include other Departmental information technology needs.
       Bill language is included to clarify language included in 
     the fiscal year 2004 bill which provided for the transfer and 
     merger of all unexpended balances previously appropriated for 
     the section 202 program into the new Housing for the Elderly 
     account.
       The conferees reiterate language proposed by the Senate 
     directing the Department to work with the Department of 
     Health and Human Services' Office of Aging to coordinate 
     expertise and resources to strengthen naturally occurring 
     retirement communities, known as ``NORCs.''
       The conferees direct the Department to submit the report 
     required in the statement of managers accompanying H.R. 2673 
     on the long-term conditions and needs of the section 202 and 
     236 stock by December 15, 2004. This report was due on August 
     15, 2004, but to date has not been submitted. The conferees 
     are very concerned about the state of this housing stock and 
     are disappointed that the Department has not only failed to 
     prioritize those repair needs, but has also failed to meet 
     the reporting requirement.

                 HOUSING FOR PERSONS WITH DISABILITIES


                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement recommends a total program level 
     of $240,000,000 for the section 811 program instead of 
     $238,000,000 proposed by the House and $250,000,000 proposed 
     by the Senate.
       Includes bill language proposed by the Senate to ensure 
     that housing assistance made available under this account 
     remains available to persons with disabilities upon turnover.
       The conference agreement allocates funds as follows:
       --$148,311,000 for new capital grants and PRAC;
       --$50,000,000 for one-year renewal costs of section 811 
     rental assistance;
       --$2,349,000 for PRAC renewals;
       --$10,000,000 for incremental tenant-based assistance as 
     proposed by the House. The Senate had provided up to 25% of 
     amounts provided, other than amounts for renewal of expiring 
     project-based assistance, for tenant-based rental assistance;
       --$28,890,000 for amendments to tenant-based contracts 
     entered into prior to fiscal year 2004, as proposed by the 
     House; and
       --$450,000 for transfer to the Working Capital Fund as 
     proposed by the House. The Senate had proposed $75,000 for 
     transfer to the Working Capital Fund. Modified language is 
     included to broaden the uses of these funds to include other 
     Departmental information technology needs.
       Bill language proposed by the House is included to clarify 
     authority provided in fiscal year 2004 transferring and 
     merging all unexpended balances previously appropriated for 
     the section 811 program to this account.
       The conferees reiterate language included in the House 
     report directing HUD to issue program guidance for the 
     Section 811 mainstream program by March 15, 2005, including 
     guidance on (1) targeting rental assistance eligibility 
     criteria; (2) maintaining vouchers exclusively for eligible 
     persons; and (3) retaining a meaningful role for non-profit 
     disability organizations. The Senate report had also included 
     language to ensure that all tenant-based assistance made 
     available under this account is to remain available to 
     persons with disabilities upon turnover.


                         FLEXIBLE SUBSIDY FUND

                          (TRANSFER OF FUNDS)

       Includes language permanently transferring excess rental 
     charges to this fund as proposed by the Senate. The House 
     included similar language.


                  MANUFACTURED HOUSING FEES TRUST FUND

       Appropriates up to $13,000,000 for authorized activities 
     from fees collected in the Fund as proposed by the House and 
     Senate.

                     Federal Housing Administration


               MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

       Establishes an $185,000,000,000 limitation on commitments 
     to guarantee single-family loans during fiscal year 2005 as 
     proposed by the House and the Senate. Retains language 
     applying this limitation to commitments to guarantee loans as 
     proposed by the House. The Senate applied this limitation to 
     loan guarantees.
       Establishes a $50,000,000 limitation on direct loans to 
     nonprofits and governmental entities in connection with the 
     sale of HUD-owned single-family properties as proposed by the 
     House and the Senate.
       Appropriates $356,906,000 for administrative expenses, of 
     which $352,906,000 is for transfer to the salaries and 
     expenses account and not to exceed $4,000,000 is for transfer 
     to the Office of Inspector General. The House proposed 
     $352,906,000 including transfers of $356,882,000 and 
     $3,976,000, and the Senate proposed $366,000,000 including 
     transfers of $362,000,000 and $4,000,000.
       Appropriates $78,000,000 for administrative contract 
     expenses, of which $15,000,000 is for information technology 
     systems. The House proposed $78,000,000 including no less 
     than $15,000,000 for information technology systems and the 
     Senate proposed $70,002,000 including no less than $7,002,000 
     for such systems. Modified language is included to broaden 
     the uses of these funds to include other departmental 
     information technology needs.
       Language is also included allowing up to an additional 
     $30,000,000 to be made available for such expenses in certain 
     circumstances as proposed by both the House and Senate.


                GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

       Establishes a $35,000,000,000 limitation on multifamily and 
     specialized loan guarantees during fiscal year 2005 as 
     proposed by the House and the Senate.
       Appropriates $10,000,000 for subsidy costs to support 
     certain multifamily and special purpose loan guarantee 
     programs as proposed by both the House and Senate.
       Appropriates $227,767,000 for administrative expenses, of 
     which $207,767,000 is for transfer to the salaries and 
     expenses account and not to exceed $20,000,000 is for 
     transfer to the Office of Inspector General. The House 
     proposed $227,649,000 including transfers of $207,767,000 and 
     $19,882,000, and the Senate proposed $234,000,000 including 
     transfers of $214,000,000 and $20,000,000.
       Appropriates $86,000,000 for administrative contract 
     expenses, of which $9,600,000 is for information technology 
     systems. The House proposed $86,000,000 including no less 
     than $9,600,000 for information technology systems and the 
     Senate proposed $81,600,000 including no less than $5,200,000 
     for such systems. Modified language is included to broaden 
     the uses of these funds to include other departmental 
     information technology needs.
       Language is also included allowing up to an additional 
     $14,400,000 to be made available for such expenses in certain 
     circumstances as proposed by both the House and Senate.
       Language is also included elsewhere in this title 
     rescinding $30,000,000 from prior year unobligated balances 
     of credit subsidy appropriations. Both the House and Senate 
     proposed this rescission.

                Government National Mortgage Association


GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $10,695,000 for administrative expenses to be 
     transferred to the salaries and expenses account as proposed 
     by the House instead of $10,986,000 as proposed by the 
     Senate.

                    Policy Development and Research


                        RESEARCH AND TECHNOLOGY

       Appropriates $45,500,000 for research and technology 
     instead of $45,000,000 as proposed by the House and 
     $46,700,000 as proposed by the Senate.
       The agreement includes $7,000,000 for the Partnership for 
     Advancing Technology in Housing (PATH) initiative as proposed 
     by the House, instead of $7,500,000 as proposed by the 
     Senate. The conferees have included language which exempts 
     $3,500,000 of the funds available in the PATH program from 
     the competitive requirements included in the Administrative 
     Provisions under this title. The Senate had proposed to 
     exempt the entire PATH program from this requirement. The 
     conferees expect HUD to undertake an evaluation of the PATH 
     program, including an assessment of the benefits or drawbacks 
     of competitive requirements in this program.
       The conferees reiterate the direction included in the 
     Senate report denying demonstration authority without prior 
     congressional approval.

                   Fair Housing and Equal Opportunity


                        Fair Housing Activities

       Appropriates $46,500,000 for this account instead of 
     $46,000,000 as proposed by the House and $47,700,000 as 
     proposed by the Senate.
       Of this amount, $26,500,000 is for the Fair Housing 
     Assistance Program (FHAP) and $20,000,000 is for the Fair 
     Housing Initiatives Program (FHIP). The House proposed 
     $26,500,000 for FHAP and $19,500,000 for FHIP. The Senate 
     proposed $27,000,000 for FHAP and $20,700,000 for FHIP.

[[Page H10844]]

                     Office of Lead Hazard Control


                         Lead Hazard Reduction

       Appropriates $168,000,000 for the lead hazard reduction 
     program instead of $167,000,000 as proposed by the House and 
     $175,000,000 as proposed by the Senate.
       The conferees agree to allocate funds as follows:
       --$92,600,000 for the lead-based paint hazard control grant 
     program to provide assistance to State and local governments 
     and Native American tribes for lead-based paint abatement in 
     private low-income housing;
       --$8,000,000 for Operation LEAP;
       --$9,500,000 for technical assistance and support to State 
     and local agencies and private property owners;
       --$9,900,000 for the Healthy Homes Initiative for 
     competitive grants for research, standards development, and 
     education and outreach activities to address lead-based paint 
     poisoning and other housing-related diseases and hazards; and
       --$47,000,000 for an initiative to target lead abatement 
     funds to areas with the highest lead paint abatement needs.
       The agreement includes bill language proposed by the House 
     delegating authority and responsibility for performing 
     environmental reviews for lead programs to governmental 
     entities familiar with local environmental conditions.
       The agreement includes modified language proposed by the 
     Senate making available $47,000,000 on a competitive basis to 
     those areas with the highest lead paint abatement needs. The 
     conferees reiterate concerns noted by the Senate regarding 
     the problem of lead risks in housing and direct the 
     Department to carry out the lead demonstration program 
     according to terms specified in the Senate report and in the 
     same manner as fiscal year 2004.
       The conferees agree with Senate direction to the Department 
     to continue mold and moisture initiatives within the Healthy 
     Homes program and direct the Department to report to the 
     Committees on Appropriations by March 1, 2005 on lessons 
     learned and strategies for disseminating best practices on 
     controlling and preventing household mold and moisture. The 
     report should include a discussion of the unique needs in 
     Native American housing.

                     Management and Administration


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes language requiring funds 
     provided under this heading to be allocated in the manner 
     specified in the joint explanatory statement of the managers 
     accompanying this Act unless the Committees on Appropriations 
     are notified and approve of any changes in the operating plan 
     or through a reprogramming. The object classification 
     distribution, which shall also serve as the basis for 
     operating plan and reprogramming changes, is as follows:

Personal Services..........................................$912,409,000
Travel and Transportation of Persons.........................17,031,000
Transportation of Things........................................548,000
Rent, Communications and Utilities..........................131,791,000
Printing and Reproduction.....................................2,740,000
Other Services...............................................48,058,000
Supplies and Materials........................................4,687,000
Furniture and Equipment.......................................2,511,000
Indemnities.....................................................225,000

       The conference agreement does not include a specific 
     allocation of funding and staffing among offices as was 
     proposed in the House report. The conferees understand that 
     adjustments to these allocations will be necessary to remain 
     within the funds appropriated in the account and to reflect 
     the latest Resource Allocation and Estimation Process (REAP) 
     studies. The conferees direct the Department to include in 
     its operating plan a proposal to distribute the funds and FTE 
     among offices based on these adjustments. Until the operating 
     plan is approved by the Committees, the Department is to 
     manage its staffing ceilings in accordance with the 
     Corrective Action Plan completed in September, 2004.
       Public and Indian Housing Division of Quality Assurance.--
     The conferees direct that the Department provide no less than 
     75 FTE to the Section 8 Quality Assurance Division within the 
     Office of Public and Indian Housing.
       Operating Plans/Reprogramming Requirements.--The conferees 
     appreciate the need for management flexibility to allocate 
     management and administrative resources or reorganize offices 
     and programs to address changing requirements at the 
     departments and agencies funded in the bill, including HUD. 
     To provide such flexibility, while ensuring appropriate 
     consultation and oversight, all Departments within the 
     Subcommittee's jurisdiction are required to submit operating 
     plans and reprogramming letters and reorganization proposals 
     for Committee approval. The conferees reiterate that HUD is 
     directed to follow the Committees' requirements regarding 
     operating plans, reprogrammings and reorganizations as 
     outlined in the House report. Unless otherwise specified in 
     this Act or the accompanying report, the approved level for 
     any program, project, or activity is that amount detailed for 
     that program, project, or activity in the Department's annual 
     detailed budget justification document. These requirements 
     apply to all funds provided to the Department.
       Includes language as proposed by the Senate placing a 
     limitation on the number of GS-14 and GS-15 positions at the 
     Department. The House did not propose similar language.
       In lieu of the direction included in the Senate report 
     requiring the Department to submit quarterly travel reports, 
     the conferees direct HUD to report on all travel by Senate-
     confirmed Presidential Appointees (PAS) and non-career senior 
     executive service personnel located at HUD headquarters 
     beginning from October 1, 2004 through September 1, 2005, 
     including all names, locations and costs. This report shall 
     be submitted to the Senate and House Committees on 
     Appropriations no later than September 15, 2005.
       The conferees appreciate the Department's cooperation to 
     make its fiscal year 2005 budget justification submission 
     more useful and informative. The conferees reiterate the 
     direction included in the House report regarding the fiscal 
     year 2006 submission. Language is included again this year 
     under Administrative Provisions requiring the fiscal year 
     2006 justification materials to be submitted in the 
     traditional structure with sufficient detailed information to 
     satisfy the Committees' needs.


                          WORKING CAPITAL FUND

       Appropriates $270,000,000 for the Working Capital Fund 
     instead of $234,000,000 as proposed by the Senate and 
     $100,000,000 as proposed by the House.
       In addition, the conference agreement includes $51,725,000 
     in transfers from the following accounts to the Working 
     Capital Fund as proposed by the House instead of $23,762,000 
     as proposed by the Senate:

FHA, Mutual mortgage insurance fund.........................$15,000,000
FHA, General and special risk insurance fund................. 9,600,000
Community development fund................................... 3,465,000
HOME investment partnerships program......................... 2,000,000
Homeless assistance.......................................... 2,500,000
Public housing capital fund................................. 10,150,000
Native American Indian block grants..........................$2,600,000
Tenant-based rental assistance................................2,904,000
Project-based rental assistance...............................2,000,000
Housing for the elderly.........................................450,000
Housing for the disabled........................................450,000
Interagency Services............................................306,000
Office of Inspector General.....................................300,000

       Modified language is included elsewhere in the Act to 
     broaden the uses of these transferred funds to include 
     departmental information technology needs as well as program 
     specific needs. Language is also included, similar to 
     language proposed by the Senate, to broaden the uses of 
     previously appropriated program transfers to meet 
     departmental information technology requirements. The House 
     did not include similar language. Language is also included 
     under the salaries and expenses account to allow the transfer 
     of up to $20,000,000 to the Working Capital Fund.
       The conferees are concerned that delays in the successful 
     award of a new contract for HUD's department-wide information 
     technology infrastructure has resulted in the Department 
     significantly overspending for outdated technology in fiscal 
     year 2004, has created a potentially significant funding 
     shortfall for fiscal year 2005, and has prohibited the 
     Department from needed modernization to its infrastructure. 
     The conference agreement includes additional funds above the 
     levels proposed in the House and Senate and the budget 
     request to cover a portion of the potential shortfall. The 
     conferees expect the Department to use the funds provided to 
     address its need for a modernized information technology 
     infrastructure in a manner that is fiscally responsible and 
     in the best interest of the Department, the Federal 
     government and the taxpayer. The conferees expect the 
     Department and the Office of Management and Budget to request 
     sufficient funds in their fiscal year 2006 budget request to 
     meet their information technology requirements.
       The conferees reiterate the direction included in the House 
     report on continued development and definition of a five-year 
     information technology plan consistent with the format 
     previously provided to the Department and direct such updated 
     plan be submitted no later than February 1, 2005.


                      office of inspector general

                     (including transfer of funds)

       Appropriates $104,000,000 for the Office of Inspector 
     General instead of $100,858,000 as proposed by the House and 
     $107,500,000 as proposed by the Senate. Of this amount, 
     $24,000,000 is provided by transfer from the various funds of 
     the Federal Housing Administration as proposed by the House 
     and the Senate.

             Office of Federal Housing Enterprise Oversight


                         salaries and expenses

                     (including transfer of funds)

       Appropriates $59,209,000 for the Office of Federal Housing 
     Enterprise Oversight (OFHEO) to be derived from collections 
     available in the Federal Housing Enterprise Oversight Fund as 
     proposed by the House and the Senate.
       Language proposed by the Senate is included requiring not 
     less than 80 percent of the total amount made available under 
     this

[[Page H10845]]

     heading shall be used only for examination, supervision and 
     capital oversight to ensure that the enterprises are 
     operating in a financially sound manner and comply with 
     statutory capital requirements.
       The conferees have not included a Senate provision that 
     holds back $10 million until the Director is replaced through 
     Senate confirmation. This deletion is not a vote of support; 
     instead, the conferees believe that hiring decisions at this 
     level belong to the President. Nevertheless, the conferees 
     urge the President to take swift action in replacing the 
     Director and his Deputy, both in consideration of the very 
     poor decision making of these individuals over the last few 
     years as well the serious issues raised by the HUD IG's 
     Report of Investigation (Case# SID-04-0034-I).

                       Public and Indian Housing


                        housing certificate fund

                              (rescission)

       Includes a rescission of $1,557,000,000 from unobligated 
     balances and recaptures from prior-year appropriations 
     provided under this account or any other account in this 
     title to be effected no later than September 30, 2005 as 
     proposed by the House and in the budget request. The Senate 
     proposed a rescission of $2,588,172,000 to be effected no 
     later than June 30, 2005.
       Includes language proposed by the House making any balances 
     governed by statutory reallocation provisions available for 
     this rescission. The Senate did not include similar language.
       Modified language is included, similar to language proposed 
     by the House, to prohibit any recaptures from tenant-based 
     and project-based rental assistance and any project-based 
     rental assistance carryover from being used to augment 
     calendar year 2005 funding for Section 8 vouchers. The Senate 
     proposed language to allow recaptures and carryover to be 
     used to augment 2005 tenant-based rental assistance funding.
       Modified language is included, similar to language proposed 
     in the House, allowing recaptures from amounts previously 
     provided for project-based rental assistance to be used for 
     amendments to project-based rental assistance contracts and 
     for contract administrators. The Senate did not include 
     similar language.
       The conferees direct that a portion of this rescission be 
     met by reducing public housing agencies' program reserves to 
     no more than one week as assumed in the budget request.
       The conference agreement does not include language proposed 
     by the Senate to require that, to the extent funds are not 
     available from unobligated balances and recaptures in the 
     Housing Certificate Fund, all other accounts, programs, 
     projects and activities in this Act are to be reduced on a 
     proportionate basis except the Department of Veterans Affairs 
     Medical Services account. The conference agreement does not 
     include language proposed by the Senate to require that the 
     Government Accountability Office (GAO) to audit of the 
     availability of funds for recapture. The House did not 
     include similar language.


             drug elimination grants for low-income housing

                              (rescission)

       Includes a rescission of $5,000,000 from prior year 
     unobligated balances remaining in this account as proposed by 
     both the House and Senate.


                  native american housing block grants

                              (rescission)

       Includes a rescission of $21,000,000 from prior year 
     balances of credit subsidy appropriations for the title VI 
     loan guarantee program as proposed by both the House and 
     Senate.


             indian housing loan guarantee program account

                              (rescission)

       Includes a rescission of $33,000,000 from prior year 
     balances of credit subsidy appropriations for the section 184 
     loan guarantee program as proposed by both the House and 
     Senate.

                            Housing Programs


                       rental housing assistance

                              (rescission)

       Includes a rescission of up to $675,000,000 from 
     unobligated balances previously provided to fund amendment 
     requirements for current State-aided, non-insured rental 
     housing contracts as proposed by the House and Senate and 
     included in the budget request.

                     Federal Housing Administration


                general and special risk program account

                              (rescission)

       Includes a rescission of $30,000,000 from unobligated 
     balances of prior year credit subsidy appropriations for the 
     FHA multifamily and specialized programs as proposed by the 
     House and Senate.

                       Administrative Provisions

       Includes modified language regarding the distribution of 
     certain HOPWA funds, similar to language proposed by the 
     House and the Senate.
       Includes language requiring all funds to be awarded 
     competitively except as explicitly provided for otherwise in 
     statute as proposed by the House. The Senate proposed similar 
     language.
       Includes language proposed by the House to require the 
     Secretary to continue to provide project-based rental 
     assistance for units in properties that are managed, owned, 
     or disposed of by the Department if such properties are 
     primarily occupied by elderly or disabled families, or 
     contract for new project-based rental assistance with other 
     owners if such properties are not preserved. The Senate 
     proposed language to expand this to require that project-
     based rental assistance be continued for units in all 
     properties or contract for new project-based rental 
     assistance with other owners if such properties are not 
     preserved.
       Includes language as proposed by the Senate to permanently 
     allow the Secretary to maintain and dispose of certain 
     elderly and disabled projects upon foreclosure. The House 
     included similar language.
       Includes language proposed by the House setting forth 
     requirements regarding the fiscal year 2006 budget 
     justification submission to the Committees on Appropriations. 
     The Senate did not include similar language.
       Includes language proposed by the House requiring that, to 
     the extent practicable, incremental section 8 vouchers 
     previously provided for non-elderly disabled families should 
     continue to be provided to other non-elderly disabled 
     families upon turnover. The Senate included similar language 
     elsewhere in this title.
       Includes language as proposed by the House clarifying an 
     equitable title issue in the section 202 program. The Senate 
     did not include similar language.
       Includes language proposed by the Senate requiring the 
     Secretary to submit an annual report to the Committees on 
     Appropriations regarding the number of Federally-assisted 
     units under lease and the per unit costs to the Federal 
     government of such units. The House did not include similar 
     language.
       Does not include language proposed by the Senate to expand 
     the FHA hospital insurance program to include the purchase of 
     existing facilities. The House did not include similar 
     language. The Government Accountability Office (GAO) is 
     directed to conduct a review of the HUD FHA Hospital and 
     Nursing Home Mortgage Insurance programs by August 15, 2005. 
     The review is to be designed to assess the financial risk of 
     the program to the insurance fund as well as to review the 
     management and design of the program, including the nature of 
     the relationship between HUD and HHS in approving insurance 
     for hospital mortgages.
       Does not include language proposed by the Senate to amend 
     section 683(2) of the Housing and Community Development Act 
     of 1972 to authorize service coordinators in section 811 
     projects. The House did not include similar language.
       Includes language proposed by the Senate to amend the 
     National Housing Act to make certain changes related to 
     submission of mortgagors financial statements and the 
     criteria and penalties for violations of certain 
     requirements. The House did not include similar language.
       Includes language proposed by the Senate to amend the 
     Housing and Community Development Act of 1987 to expand the 
     applicability of certain damages and remedies to include FHA-
     insured health care facilities. The House did not include 
     similar language.
       Includes language as proposed by the Senate to amend the 
     National Housing Act to make certain changes to the Asset 
     Control Area program. The House did not include similar 
     language.
       Includes language proposed by the Senate to amend the 
     National Housing Act to make a technical correction to 
     premium requirements for rehabilitation loans. The House did 
     not include similar language.
       Includes language proposed by the Senate to limit repayment 
     of certain upfront premiums. The House did not include 
     similar language.
       Does not include language under Administrative Provisions 
     as proposed by the Senate related to allocation of funds 
     under the Partnership for Advancing Technology in Housing 
     (PATH) but instead has addressed this matter under the Policy 
     Development and Research account elsewhere in this title. The 
     House did not include similar language.
       Does not include language under Administrative Provisions 
     as proposed by the Senate making technical corrections 
     regarding the transfer of funds from the old Housing for 
     Special Populations account, but instead has addressed this 
     matter within the Housing for the Elderly and Housing for 
     Persons with Disabilities accounts as proposed by the House.
       Does not include bill language proposed by the Senate to 
     limit the expenditure of housing funds on partisan election 
     activities. The House did not include similar language. The 
     conferees agree that no funds provided to the Department can 
     be used by public housing authorities for partisan political 
     activities.
       Includes modified language, similar to language proposed by 
     the Senate, regarding the treatment of athletic scholarships 
     for purposes of determining eligibility for college students 
     to receive subsidized rental assistance. The House did not 
     include similar language.
       Includes language as proposed by the Senate regarding the 
     allocation of Native American Housing Block Grant funding 
     among Native Alaskan recipients. The House did not include 
     similar language.
       Does not include language proposed by the Senate to allow 
     public housing authorities to convert up to 50 percent of 
     their section 8 voucher funding to project-based assistance. 
     The House did not include similar language.

[[Page H10846]]

       Does not include language proposed by the Senate to 
     authorize the Secretary to transfer project-based assistance, 
     debt, and income restrictions, notwithstanding current 
     statutory prohibitions on such transfers. The House did not 
     include similar language.

                    TITLE III--INDEPENDENT AGENCIES

                  American Battle Monuments Commission


                         SALARIES AND EXPENSES

       Appropriates $41,100,000 for salaries and expenses as 
     proposed by the House instead of $46,100,000 as proposed by 
     the Senate.
       In addition, the conference agreement includes a separate 
     appropriation of $12,000,000 for the Commission's foreign 
     currency fluctuations account to address declines in exchange 
     rates instead of $9,000,000 as proposed by the House. The 
     Senate proposed to address these changes within the salaries 
     and expenses account.
       The conferees concur with the concerns expressed in the 
     Senate report regarding the failure of the Office of 
     Management and Budget (OMB) to address adequately foreign 
     currency rate fluctuations for the Commission in its original 
     budget submission or through a budget amendment. The 
     conferees are concerned that the current OMB methodology for 
     addressing fluctuations does not adequately address the 
     impact of the volatility of such changes to smaller agencies 
     such as the Commission. Therefore the conferees request that 
     the Government Accountability Office review the past and 
     current methodology used by OMB and the Commission and 
     recommend changes if warranted to improve such estimates.
       While the conference agreement has not included bill 
     language proposed by the Senate, the conference agreement 
     includes $9,100,000 for the Normandy Interpretive Center. The 
     conferees understand that exchange rate fluctuations may 
     impact construction costs for the Center and expect the 
     Commission's fiscal year 2006 budget request to include the 
     necessary funds to accommodate such changes.
       Language is included as proposed by the House allowing not 
     to exceed $7,500 for official reception and representation 
     expenses. The Senate did not include similar language.
       The conferees reiterate the direction in the House report 
     regarding an annual report on the financial position of the 
     World War II Memorial Fund.


                 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

       Appropriates $12,000,000 to re-capitalize the Commission's 
     foreign currency fluctuations account, instead of $9,000,000 
     as proposed by the House. The Senate addressed this matter 
     under the salaries and expenses account. The conference 
     agreement reflects the latest estimate necessary to maintain 
     Commission operations and activities based on current 
     exchange rates.

             Chemical Safety and Hazard Investigation Board


                         SALARIES AND EXPENSES

       Appropriates $9,100,000 instead of $9,451,000 as proposed 
     by the House and $9,000,000 as proposed by the Senate. The 
     amount proposed by the Senate had included $400,000 for 
     emergency funds. The conference agreement provides emergency 
     funds as a separate account as proposed by the House, which 
     is consistent with the fiscal year 2004 bill.


                             EMERGENCY FUND

       Provides $400,000 for an Emergency Fund as proposed by the 
     House. The Senate had proposed a set-aside of $400,000 as 
     emergency funds in the salaries and expenses account.

                       Department of the Treasury

              Community Development Financial Institutions


   COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT

       Appropriates $55,522,000 for the community development 
     financial institutions fund program account, instead of 
     $55,000,000 as proposed by the Senate and $60,640,000 as 
     proposed by the House.
       Includes $4,000,000 for technical assistance designed to 
     benefit Native American communities as proposed by both the 
     House and Senate.
       Provides that up to $14,900,000 to be used for 
     administrative expenses as proposed by the Senate instead of 
     $15,321,000 as proposed by the House.
       Provides for a cost limitation on direct loans of 
     $6,000,000 with $250,000 for administrative expenses as 
     proposed by both the House and Senate.
       Provides for a limitation on the amount of direct loans of 
     $11,000,000 as proposed by both the House and Senate.
       The conferees are in agreement that the Bank Enterprise 
     Award program should be continued at not less than 
     $10,000,000 in fiscal year 2005.

                   Consumer Product Safety Commission


                         SALARIES AND EXPENSES

       Appropriates $62,650,000 as proposed by the House and the 
     Senate. The conferees urge the CPSC to expand its 
     relationship with the Home Safety Council and its Great 
     Safety Adventure Program.

             Corporation for National and Community Service

       The conference agreement appropriates $577,884,000 for the 
     Corporation for National and Community Service. The House had 
     proposed $572,000,000 and the Senate had proposed 
     $590,061,000.


       NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The agreement provides $545,884,000 for the Corporation for 
     National and Community Service operating expenses, including 
     the Trust. The House proposed $541,000,000 for operating 
     expenses and the Senate proposed $558,311,000. The agreement 
     provides $290,000,000 for AmeriCorps State and National 
     grants (authorized under subtitle C) and education awards 
     only grants (authorized under subtitle H), plus an additional 
     $144,000,000 for the Trust, as proposed by the House. The 
     Senate had proposed $291,933,000 for AmeriCorps grants and 
     $150,500,000 for the Trust. Within amounts provided for the 
     Trust, $3,900,000 is for President's Freedom Scholarships and 
     $13,000,000 is to be held in reserve. Within the amount 
     provided for AmeriCorps State and National grants, the 
     conferees have provided up to $55,000,000 for national direct 
     grants, as proposed by the Senate. The total funding level 
     for AmeriCorps grants and the Trust will support 70,000 new 
     volunteers.
       The agreement includes language proposed by the Senate 
     which prohibits funds provided for quality and innovation 
     activities to be used for salaries and related expenses 
     attributable to Corporation employees. The conferees include 
     bill language proposed by the House allowing up to one 
     percent of grant funds to be used to defray the cost of 
     conducting grant reviews. The conferees direct the 
     Corporation to provide an estimate of the funds that would be 
     used for this purpose in its fiscal year 2005 operating plan. 
     The agreement also includes language proposed by the Senate 
     regarding matching funds and in-kind contributions.
       The conference agreement includes the following program 
     levels:

----------------------------------------------------------------------------------------------------------------
                                                                       House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
Learn and Serve.................................................     $40,000,000     $43,000,000     $43,000,000
National Civilian Community Corps...............................      25,500,000      26,000,000      25,500,000
Innovation and Demonstration....................................      12,000,000      16,328,000      13,334,000
Evaluation......................................................       3,000,000       3,550,000       3,550,000
State Commissions...............................................      12,000,000      12,000,000      12,000,000
Points of Light Foundation......................................       9,700,000      10,000,000      10,000,000
America's Promise...............................................       4,800,000       5,000,000       4,500,000
----------------------------------------------------------------------------------------------------------------

       The conferees direct that the increase provided for 
     National Civilian Community Corps (NCCC) be used to address 
     its most critical capital improvement needs at NCCC 
     facilities.
       The agreement reiterates the direction by the Senate that 
     the Corporation report to the Committees on the impact of the 
     two-term limitation on service. This report is to be 
     submitted to the Committees no later than February 4, 2005.
       The conferees provide $13,334,000 for subtitle H grants, 
     innovation, demonstration and assistance activities, with the 
     funding distribution as follows: $4,000,000 for challenge 
     grants; $1,500,000 for next generation grants; $600,000 for 
     MLK day grants; $725,000 for the Service Learning 
     Clearinghouse and Exchange; $2,000,000 for TA; and $4,509,000 
     for disability programs. The House proposed $12,000,000 for 
     subtitle H activities and the Senate proposed $16,328,000.
       The agreement modifies language proposed by the Senate 
     directing the Corporation to comply with challenge grant 
     requirements in the FY 2003 conference report by directing 
     the Corporation also to allow past grant recipients to 
     compete for challenge grants in FY 2005.
       The conference agreement provides $3,550,000 for audits and 
     evaluations, as proposed by the Senate. The House had 
     proposed $3,000,000 for these activities. Audit and 
     evaluation funds are to be distributed as follows (identical 
     to the distribution proposed by the Senate): $1,200,000 for 
     performance measures; $1,000,000 for a longitudinal study of 
     volunteers; $100,000 for national partners; $150,000 for data 
     archives; $150,000 for indicator archives; $450,000 for a 
     capacity study; and $500,000 to continue a National Academy 
     of Public Administration study on the Corporation's 
     leadership, operations and management.
       The conferees have included bill language, identical to 
     language that has been included in previous conference 
     reports and proposed by the Senate, regarding Federal costs 
     per participant and certain requirements for funds provided 
     under subtitle C.
       The agreement includes Senate language directing the 
     Corporation to list in its budget justification recipients 
     that have received more than $500,000 and the amount and 
     source of other Federal and non-federal funds received by 
     each recipient.


                         salaries and expenses

       Appropriates $26,000,000 for salaries and expenses 
     associated with the administrative activities of the 
     Corporation. The House had proposed $25,000,000 for this 
     account, and the Senate had proposed $25,500,000. The funding 
     increase provided in this account is to be directed to 
     ongoing personnel compensation and benefits needs and should 
     not augment the current level of marketing and outreach 
     activities.


                      office of inspector general

       Appropriates $6,000,000 for Office of Inspector General, as 
     proposed by the House instead of $6,250,000 as proposed by 
     the Senate. The conferees direct the Inspector General to 
     continue to review the Corporation's management of the 
     National Service Trust.


                       administrative provisions

       The conference agreement continues a number of 
     administrative provisions carried

[[Page H10847]]

     in the fiscal year 2004 appropriations Act and proposed by 
     both the House and the Senate, including: (1) language 
     regarding qualified student loans eligible for education 
     awards; (2) language regarding the availability of funds for 
     the placement of volunteers with disabilities; and (3) 
     language directing the Inspector General to levy sanctions in 
     accordance with standard Inspector General audit resolution 
     procedures, which include, but are not limited to, debarment 
     of any grantee found to be in violation of AmeriCorps' 
     program requirements, including using grant or program funds 
     to lobby the Congress. In addition, the conference agreement 
     continues an administrative provision proposed by the Senate 
     and carried in the fiscal year 2004 appropriations Act, which 
     requires the Corporation to ensure that significant changes 
     to program requirements or policy are made only through 
     public notice and comment rulemaking. The agreement also 
     includes a provision carried in the fiscal year 2004 
     appropriations Act and proposed by the Senate prohibiting an 
     officer or employee of the Corporation from disclosing any 
     grant selection information to any person not authorized to 
     receive such information.

               U.S. Court of Appeals for Veterans Claims


                         salaries and expenses

       Appropriates $17,250,000 for salaries and expenses instead 
     of $17,623,000 as proposed by the Senate and $16,725,000 as 
     proposed by the House. Both the House and the Senate provided 
     $1,100,000 for the pro bono program.
       The conferees are in agreement that the Court shall work 
     with the General Services Administration (GSA) on a 
     feasibility study to evaluate the Court's space needs and the 
     options to meet those needs. The results of this feasibility 
     study shall be provided to the Committees on Appropriations 
     of the House and Senate. The Court is authorized only to 
     enter into agreement with GSA for a feasibility study and is 
     specifically prohibited from undertaking a Program 
     Development Study or any other action beyond the feasibility 
     study at this time. The Committees on Appropriations will 
     address the need for follow-on studies and possible 
     construction milestones in future legislation and reports.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                         salaries and expenses

       Appropriates $29,600,000 for salaries and expenses as 
     proposed by the House and Senate. The conferees reiterate the 
     direction included in the House report regarding the 
     Cemetery's automation project with the report due no later 
     than December 15, 2004, and request that such plan be updated 
     in the fiscal year 2006 budget submission.

                Department of Health and Human Services

                     National Institutes of Health


          national institute of environmental health sciences

       Appropriates $80,486,000 as proposed by the House and the 
     Senate.

            Agency for Toxic Substances and Disease Registry


            toxic substances and environmental public health

       Appropriates $76,654,000 for toxic substances and 
     environmental public health as proposed by both the House and 
     Senate.

                    Environmental Protection Agency

       The conference agreement includes $8,088,189,000 for 
     programs administered by the Environmental Protection Agency. 
     This is an increase of $335,120,000 above the amount provided 
     in the House bill and $412,219,000 below the level in the 
     Senate bill.
       The conferees direct EPA to round all programs to the 
     nearest thousand dollar in the budget submission for fiscal 
     year 2006.


                         science and technology

                     (including transfer of funds)

       Appropriates $750,061,000 for science and technology 
     instead of $729,029,000 as proposed by the House and 
     $758,179,000 as proposed by the Senate. Additional resources 
     of $36,097,000 are transferred to this account from the 
     Hazardous Substance Superfund for a total resource level of 
     $786,158,000 for Science and Technology.
       The conferees have agreed to specific Agency program levels 
     as follows:

----------------------------------------------------------------------------------------------------------------
                                                                       House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
Arsenic Removal Research........................................      $4,274,000     $10,000,000      $8,274,000
Building Decon. Research........................................       4,000,000               0               0
Clean Air Allowance Trading Prog................................       4,750,000       9,000,000       9,000,000
Fed. Vehicle and Fuels Standards................................      58,000,000      63,000,000      58,000,000
Indoor Air: Radon Program.......................................         399,000               0         399,000
Indoor Air: Schools and Workplace...............................         906,000               0         850,000
Pesticides: Registration of New Pest............................       2,403,000       2,265,000       2,403,000
Pesticides: Review/Reregistration...............................       2,417,000       2,370,000       2,417,000
Research: Air Toxics............................................      17,639,000      17,000,000      17,000,000
Research: Computational Toxicology..............................      13,029,000      11,805,000      11,805,000
Research: Drinking Water........................................      44,500,000      46,118,000      44,500,000
Research: Endocrine Disruptor...................................      10,887,000      10,000,000      10,000,000
Research: Global Change.........................................      20,690,000      20,000,000      20,000,000
Research: Human Health and Eco..................................     177,408,000     170,000,000     177,408,000
Research: Land Protection and Restoration.......................       8,842,000       9,000,000       9,000,000
Research: Particulate Matter....................................      59,000,000      62,000,000      61,000,000
Research: Troposphere Ozone.....................................       4,901,000       4,000,000       4,000,000
Research: Water Quality.........................................      45,000,000      46,810,000      45,000,000
----------------------------------------------------------------------------------------------------------------

       The conferees have agreed to the following increases above 
     the budget request:
       1. $2,450,000 for EPSCoR;
       2. $3,900,000 for the Water Environmental Research 
     Foundation;
       3. $4,900,000 for the American Water Works Association 
     Research Foundation;
       4. $1,950,000 for the National Decentralized Water Resource 
     Capacity Development Project, in coordination with EPA, for 
     continued training and research and development program;
       5. $1,000,000 to the Florida Department of Citrus to 
     provide for the manufacture of an adequate amount of 
     abscission chemical compound for testing and to provide for 
     any comprehensive environmental and toxicological studies and 
     other relevant research required by the Federal Government in 
     order to register this product for use as an abscission 
     chemical agent for citrus;
       6. $1,500,000 for the Mickey Leland National Urban Air 
     Toxics Research Center in Houston, Texas;
       7. $1,500,000 for the clean automotive technology program 
     for advanced diesel, hybrid, and high efficiency, low 
     emission vehicle development;
       8. $500,000 for the Consortium for Plant Biotechnology 
     Research;
       9. $500,000 for the New England Green Chemistry Consortium;
       10. $200,000 to the Arkansas State University in Jonesboro, 
     Arkansas for the Delta Center for water quality;
       11. $150,000 to the University of Arkansas for 
     environmental resource management to develop watershed 
     technologies and management tools;
       12. $350,000 to the University of California Riverside for 
     the Center for Environmental Research and Technology in 
     Riverside, California.
       13. $200,000 to Florida International University for 
     Research activities in the greater Everglades in Miami, 
     Florida;
       14. $250,000 for the Florida Gulf Coast University for the 
     Novel Early Detection and Detoxification Technologies for 
     Toxic Red Tide in Fort Myers, Florida;
       15. $200,000 for New College, Florida for ecotoxicology 
     training;
       16. $750,000 for the University of South Florida Study, 
     Protection and Amelioration of Coastal Environments;
       17. $200,000 for the management of waste from navigating 
     vessels in U.S. tidal waters;
       18. $250,000 for the Iowa Foundation for Education 
     Administration for the Bus Emissions Education Program;
       19. $100,000 to the Metropolitan Mayors Caucus for the 
     Clean Air Counts Campaign in Chicago land Metropolitan Area, 
     Illinois;
       20. $1,000,000 for the Karmanos Cancer Institute to create 
     a National Center for Vermiculite-Related Cancers in the 
     Detroit metropolitan area;
       21. $400,000 to the Lawerence Technology University for 
     sustainable alternative energy technologies Green Building in 
     Southfield, Michigan;
       22. $750,000 to the National Center for Manufacturing 
     Sciences for Life Cycle Analysis in Ann Arbor, Michigan;
       23. $1,250,000 to the National Center for Manufacturing 
     Sciences for the sustainable produce initiative in Ann Arbor, 
     Michigan;
       24. $200,000 to Green Hills Regional Planning in Princeton, 
     Missouri for the Biomass Processing System;
       25. $150,000 for the University of Nebraska for the 
     Nebraska Water Resources Model in Lincoln, Nebraska;
       26. $250,000 to Ramapo College in Mahwah, New Jersey for a 
     new Sustainability Education Center;
       27. $150,000 to the State University of New York at 
     Brockport for the Center of Excellence for Great Lakes 
     Research;
       28. $450,000 to the State University of New York 
     Environmental School of Forestry for research and 
     demonstration of contaminant mitigation strategies for rural/
     suburban run-off affecting water quality along the rural-
     urban interface in Central New York watersheds;
       29. $500,000 to the Center for Environmental Information in 
     Rochester, New York for continued research, planning and 
     environmental remediation for the Lake Ontario Coastal 
     Initiative;
       30. $7,000,000 for the Environmental Systems Center of 
     Excellence at Syracuse University for research and technology 
     transfer in the fields of indoor environmental quality and 
     urban ecosystems sustainability;
       31. $750,000 to the Syracuse Research Corporation in 
     Syracuse, New York for a Microbial Risk Assessment Center;
       32. $1,500,000 to Onondaga County's Metropolitan Water 
     Board for a demonstration project to determine the 
     feasibility of bringing naturally chilled water from Lake 
     Ontario to Onondaga and Oswego County;
       33. $300,000 to the State University of New York 
     Environmental School of Forestry for training, education and 
     research related to the Summer Eco-Science Camp Initiative;
       34. $500,000 to Alfred University, New York for the Center 
     for Environmental and Energy Research;
       35. $575,000 to Orbital Research Inc., Fuel Efficient 
     Diesel Sensor for Advanced Vehicle Emission Reduction (FED-
     SAVER), for research that may reduce fuel consumption and 
     will help diesel engines meet EPA standards, Ohio;
       36. $600,000 to the Ohio Air Quality Development Authority/
     Ohio Coal Development Office for research and development of 
     the Jupiter Oxy-Fuel Technology, Ohio;

[[Page H10848]]

       37. $650,000 to the University of Toledo for the Lake Erie 
     Center in Toledo, Ohio;
       38. $250,000 to the University of Tulsa, University of 
     Oklahoma, University of Arkansas, and Oklahoma State 
     University for the Integrated Petroleum Environmental 
     Consortium;
       39. $100,000 for the Oregon Department of Human Services 
     for the View Master Water Contamination Study in Washington 
     County, Oregon;
       40. $225,000 for California University of Pennsylvania for 
     the Monongahela Valley River Research Project in California, 
     Pennsylvania;
       41. $200,000 to the Middle Tennessee State University for 
     research in Development and Transmission of Emerging 
     Diseases;
       42. $500,000 for the University of Houston, Texas for the 
     GulfStar Grid Program in Houston, Texas;
       43. $1,700,000 for the Canaan Valley Institute to continue 
     to develop a regional sustainability support center and 
     coordinated information system in the Mid-Atlantic Highlands;
       44. $1,000,000 for the Canaan Valley Institute in close 
     coordination with the ORD Restoration Plus program to 
     demonstrate, validate and report on critical ecological hubs 
     and corridors within the Mid-Atlantic Highlands and 
     approaches to Highlands ecological prioritization, 
     restoration and conservation Research and educational tools 
     are to be developed using integrative technologies to predict 
     future environmental risks and support informed, proactive 
     decision-making to be undertaken in conjunction with the 
     Highlands Action Program;
       45. $650,000 to the Polymer Alliance Zone's MARCEE 
     Initiative with oversight provided by the Office of Solid 
     Waste;
       46. $250,000 for Carnegie Mellon University's Sustainable 
     Oxidation Chemistry Clean Water Project;
       47. $500,000 for Utah State University to continue 
     monitoring and assessment activities related to freshwater 
     ecosystems;
       48. $2,100,000 for the Mine Waste Technology program at the 
     National Environmental Waste Technology, Testing, and 
     Evaluation Center;
       49. $400,000 to enhance and improve EPA's Tribal Portal 
     program, and to implement this program on a nationwide basis;
       50. $750,000 for the Environmental Lung Disease Center at 
     the National Jewish Medical Center;
       51. $500,000 for the University of Maine-Orono to develop 
     Source Water Warning and Analysis Technology;
       52. $1,500,000 for Boise State University to continue 
     research on multi-purpose sensors to detect and analyze 
     contaminants and time-lapse imaging of shallow subsurface 
     fluid flow;
       53. $500,000 for the North Carolina State University 
     Turfgrass Research Center;
       54. $2,000,000 for the National Environmental Respiratory 
     Center at the Lovelace Respiratory Research Institute in New 
     Mexico;
       55. $1,000,000 for the Desert Research Institute for 
     western Nevada regionally-based clean water activities;
       56. $1,000,000 for the University of Tennessee at Knoxville 
     Natural Resources Policy Center;
       57. $1,000,000 for the University of Louisville/Illinois 
     Waste Management and Research Center;
       58. $750,000 for the Integrated Petroleum Environmental 
     Consortium [IPEC];
       59. $1,000,000 for the water and wastewater training 
     program at the Alabama Department of Environmental 
     Management;
       60. $1,000,000 for the Center for Estuarine Research at the 
     University of South Alabama;
       61. $425,000 for the Connecticut River Airshed-Watershed 
     Consortium;
       62. $425,000 for the Center for the Study of Metals in the 
     Environment;
       63. $900,000 for the Center for Air Toxic Metals at the 
     Energy and Environmental Research Center;
       64. $700,000 for Clean Air Counts of Northeastern Illinois 
     to develop an innovative and cost effective method to reduce 
     smog-causing emissions in the Chicago metropolitan region--
     the funding will provide support for an ongoing partnership 
     involving EPA, the Metropolitan Mayors Caucus, Illinois EPA, 
     and the Delta Institute;
       65. $200,000 for acid rain research at the University of 
     Vermont;
       66. $200,000 for the University of Vermont's Proctor Maple 
     Research Center to continue mercury deposition monitoring 
     effects;
       67. $500,000 for the University of Vermont's Aiken Center 
     Greening Initiative;
       68. $700,000 for Families in Search of the Truth to 
     investigate the incidence of cancer in Fallon, Nevada;
       69. $500,000 for the demonstration of an integrated 
     approach to perchlorate remediation and treatment in the City 
     of Rialto, California;
       70. $200,000 for the Central California Ozone Study;
       71. $700,000 for Southeastern Louisiana University for the 
     Turtle Cove research station;
       72. $200,000 for the State of New Jersey's Smart Growth 
     Initiative;
       73. $200,000 for ecology research at Fordham University;
       74. $200,000 for expansion of the Roots and Shoots program 
     headquartered at Western Connecticut State University;
       75. $200,000 for water resource modeling at the University 
     of Nebraska-Lincoln;
       76. $1,500,000 for the Healy Zero Air Emission Tecnology;
       77. $1,000,000 for the Donald Danforth Plant Science Center 
     in St. Louis, Missouri for a Parasitic Nematodes Controls 
     research project designed to reduce pesticide use; and
       78. $1,000,000 to the Missouri Pork Producers Federation 
     for development of technology and creation of Innoventor 
     process to decrease environmental impacts of animal waste by 
     conversion into energy sources.
       The conferees have included bill language to authorize 
     $1,000,000 to be transferred from EPA to the Council on 
     Environmental Quality for an environmental study.
       The conferees direct EPA to fund the fellowship programs 
     including the STAR fellowships at as close as possible to the 
     fiscal year 2004 level.
       The conferees direct EPA to continue its technology 
     transfer activities initially funded in fiscal year 2000 at 
     not less than the current level of support and that those 
     activities be carried out through the West Virginia High 
     Technology Consortium Foundation.
       The conferees agree that funding provided under this 
     heading in H. Report 108-401 for project #57 should be 
     redirected to the Montana Physical Sciences Foundation to 
     research pilot scale enzyme catalyzed processes.
       There is no general reduction to this account.


                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

       Appropriates $2,313,409,000 for environmental programs and 
     management instead of $2,241,476,000 as proposed by the House 
     and $2,310,263,000 as proposed by the Senate.
       The conference agreement does not include the language 
     proposed by the House to make funds available for Public Law 
     108-199 to carry out paragraph (c)(12) of section 118 of the 
     Federal Water Pollution Control Act, to remain available 
     until September 30, 2007.
       The conferees have agreed to specific Agency program levels 
     as follows:

----------------------------------------------------------------------------------------------------------------
                                                                       House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
Alternative Dispute Resolution..................................      $1,015,000        $937,000        $937,000
Brownfields.....................................................      23,000,000      25,000,000      25,000,000
Climate Protection Program......................................      91,961,000      90,849,000      90,849,000
Commission for Environmental Coop...............................       3,949,000       3,881,000       3,881,000
Compliance Assistance and Centers...............................      27,759,000      37,000,000      27,759,000
Compliance Incentives...........................................       9,195,000       9,035,000       9,035,000
Congressional, Intergovernmental................................      48,366,000      46,415,000      46,415,000
Criminal Enforcement............................................      31,370,000      54,450,000      39,370,000
Drinking Water Programs.........................................      94,000,000      95,000,000      94,000,000
Enforcement Training............................................       3,302,000       6,000,000       3,302,000
Environment and Trade...........................................       1,723,000       1,616,000       1,616,000
Environmental Education.........................................       9,200,000       5,000,000       9,000,000
Environmental Justice...........................................       5,900,000       4,231,000       5,900,000
Exchange Network................................................      22,000,000      23,000,000      22,000,000
Facilities Infrastructure and Ops...............................     308,000,000     309,000,000     317,955,000
Fed. Support for Air Quality Manage.............................      87,000,000      90,000,000      87,000,000
Federal Stationary Source Regs..................................      24,302,000      21,944,000      21,944,000
Financial Assistance Grants/IAG.................................      20,000,000      20,329,000      20,000,000
Geographic Program: Chesapeake B................................      20,817,000      22,817,000      22,817,000
Geographic Program: Great Lakes.................................      19,000,000      19,500,000      21,195,000
Geographic Program: Long Island S...............................       2,300,000       2,300,000       2,300,000
Geographic Program: Other.......................................       6,790,000       6,069,000       6,790,000
Great Lakes Legacy Act..........................................      10,000,000      25,000,000      22,500,000
Human Resources Management......................................      40,000,000      39,109,000      39,109,000
Indoor Air: Asthma Program......................................      11,197,000       9,999,000      11,197,000
Indoor Air: Environment Tobacco.................................       3,695,000       3,030,000       3,030,000
Indoor Air: Radon Program.......................................       5,667,000       5,073,000       5,073,000
Indoor Air: Schools and Workplace...............................      10,352,000       9,425,000       9,425,000
International Capacity Building.................................       6,854,000       5,500,000       5,500,000
IT/Data Mangement...............................................     103,000,000     105,000,000     105,000,000
Legal Advice: Environmental Program.............................      34,679,000      34,404,000      34,404,000
Legal Advice: Support Program...................................      12,522,000      12,370,000      12,370,000
Marine Pollution................................................      12,296,000      11,779,000      11,779,000
National Estuary Program/Coastal................................      25,000,000      20,000,000      25,000,000
NEPA Implementation.............................................      12,654,000      12,136,000      12,136,000
Pesticides: Field Programs......................................      27,186,000      25,217,000      25,217,000
Pesticides: Registration for New Pesticides.....................      42,907,000      40,773,000      40,773,000
Pesticides: Review/Reregistration...............................      52,000,000      51,714,000      51,714,000
Pollution Prevention Program....................................      17,000,000      16,822,000      16,822,000
POPS Implementation.............................................       2,235,000       2,147,000       2,235,000
Radiation: Protection...........................................      11,812,000      11,285,000      11,812,000
Radiation: Response Preparedness................................       2,611,000       2,188,000       2,611,000
RCRA: Corrective Action.........................................      40,976,000      40,000,000      39,100,000
RCRA: Waste Management..........................................      67,422,000      67,000,000      67,000,000
RCRA: Waste Minimization and Rec................................      11,000,000      12,000,000      11,000,000
Regional Geographic Initiatives.................................       8,800,000       7,500,000       7,500,000
Regional Science and Technology.................................       3,626,000       3,368,000       3,368,000
Regulatory Innovation...........................................      18,000,000      17,338,000      17,338,000
Regulatory/Economic-Management..................................      18,552,000      17,934,000      17,934,000
Science Advisory Board..........................................       4,757,000       4,396,000       4,396,000
Science Policy and Biotechnology................................       1,707,000       1,651,000       1,651,000
Small Business Ombudsman........................................       3,839,000       3,742,000       3,742,000
Stratospheric Ozone: Domestic Prog..............................       5,840,000       5,000,000       5,000,000
Stratospheric Ozone: Multilateral...............................      11,000,000      10,000,000      10,000,000
Surface Water Protection........................................     188,000,000     185,000,000     188,000,000
Toxic Substances: Chemical Risk Management......................       9,514,000       9,252,000       9,252,000
Toxic Substances: Chemical Risk Reduction.......................      45,879,000      44,454,000      44,454,000
Toxic Substances: Lead Risk Reduc...............................      14,800,000      11,083,000      11,083,000
TRI/Right to Know...............................................      15,941,000      14,670,000      14,670,000
----------------------------------------------------------------------------------------------------------------

       There is no general reduction to this account.
       The conferees have agreed to the following increases to the 
     budget request:

[[Page H10849]]

       1. 8,000,000 for the criminal enforcement;
       2. 2,000,000 for EPA Region 10 for environmental 
     compliance;
       3. $18,375,000 for rural water technical assistance 
     activities and groundwater protection with distribution as 
     follows: $9,800,000 for the National Rural Water Association; 
     $3,900,000 for Rural Community Assistance program, to be 
     divided equally between assistance for water programs and 
     assistance for wastewater programs; $735,000 for Ground Water 
     Protection Council; $1,960,000 for Small Flows Clearinghouse; 
     $980,000 for the National Environmental Training Center; and 
     $1,000,000 for the Water Systems Council Wellcare Program.
       4. $980,000 for the National Biosolids Partnership Program;
       5. $2,000,000 for source water protection programs;
       6. $2,940,000 for EPA's National Computing Center to 
     provide for the remote mirroring of all critical information 
     and related systems to achieve a Continuity of Operations 
     (COOP)/Disaster Recovery capability.
       7. $5,000,000 for America's Clean Water Foundation for 
     implementation of on-farm environmental assessments for 
     livestock operations;
       8. $5,000,000 to support a demonstration project for 
     deployment of idle reduction technology including advanced 
     truck stop electrification, as part of the Agency's Smartway 
     Transport Program.
       9. $1,000,000 for the Lake Pontchartrain Basin Restoration 
     Program for a total of $2,000,000;
       10. $200,000 for the Northeast States for Coordinated Air 
     Use Management [NESCAUM];
       11. $200,000 for the Northeast Waste Management Officials 
     Association [NEWMOA];
       12. $1,540,000 for the Lake Champlain Basin program, for a 
     total of $2,500,000;
       13. $1,823,000 for the Long Island Sound program, for a 
     total of $2,300,000;
       14. $2,000,000 for Chesapeake Bay small watershed grants. 
     The Committee expects that the funds provided for this 
     program, managed by the Fish and Wildlife Foundation, shall 
     be used for community-based projects including those that 
     design and implement on the ground and in the water 
     environmental restoration or protection activities to help 
     meet Chesapeake Bay program goals and objectives. This will 
     result in a total of $22,817,000 available in fiscal year 
     2005 for the Chesapeake Bay program.
       15. $1,000,000 to the Environmental Monitoring and 
     Assessment Program within the State of Alaska;
       16. $100,000 to the Salton Sea Authority in Salton Sea, 
     California for air quality mitigation projects;
       17. $250,000 to Calleguas Municipal Water for the Calleguas 
     Creek Watershed Management Plan Implementation in Ventura 
     County, California;
       18. $100,000 to the University of Redlands in California 
     for the Salton Sea Database;
       19. $300,000 for the City of Highland, California for 
     developing and implementing displays and exhibits for the 
     City of Highland Environmental Learning Center;
       20. $200,000 for the Operation Clean Air Advocates, Inc. in 
     San Joaquin Valley, California for Operation Clean Air;
       21. $100,000 for the California State University-Fullerton, 
     California for the National Center for Water Hazard 
     Mitigation;
       22. $175,000 to the Central California Ozone Study;
       23. $100,000 to the University of Connecticut Health Center 
     to implement a model asthma intervention program for the 
     State of Connecticut;
       24. $250,000 to the University of North Florida for the 
     Real-Time Regional Environmental Modeling in Jacksonville, 
     Florida;
       25. $900,000 to Osceola County, Florida for abatement and 
     prevention of hydrilla and hygophila;
       26. $150,000 to the Spokane Region Chamber of Commerce for 
     the Rathdrum Prairie/Spokane Valley Aquifer Study in Spokane 
     County, Idaho;
       27. $1,700,000 to Boise State University for research 
     projects aimed at developing and demonstrating multi-purpose 
     sensors to detect and analyze contaminants and time-lapse 
     imaging of shallow subsurface fluid flow;
       28. $300,000 for the Selenium Information System Project at 
     the Idaho National Engineering and Environmental Laboratory;
       29. $100,000 to the City of Rexburg, Idaho for the Teton 
     River Mill Site Redevelopment and Learning Project;
       30. $150,000 to the City of Chicago, Illinois for the Beach 
     Contamination Identification/Elimination Study;
       31. $100,000 for PRIDE in the 2nd District of Kentucky for 
     PRIDE in the Heartland of Kentucky;
       32. $500,000 to the Olmsted Parks Conservancy in 
     Louisville, Kentucky to remove invasive species and correct 
     erosion in Cherokee and Seneca Parks;
       33. $1,000,000 to the Olmsted Parks Conservancy in 
     Louisville, Kentucky to correct riverbank erosion in 
     Chickasaw Park;
       34. $550,000 to the Olmsted Parks Conservancy in 
     Louisville, Kentucky to correct erosion in Iroquois Park;
       35. $850,000 to the Louisville Waterfront Development 
     Corporation, Kentucky for anti-erosion strategies;
       36. $200,000 to the Louisiana State University in 
     Shreveport, Louisiana for the Red River Watershed Management 
     Institute;
       37. $100,000 to Prince George's County, Maryland for the 
     Low Impact Development demonstration project in the Anacostia 
     River Watershed;
       38. $100,000 to Wayne County, Michigan for the Lead 
     Prevention Initiative;
       39. $100,000 to Wayne County, Michigan for the lead 
     prevention initiative;
       40. $200,000 for the Michigan Biotechnology Institute in 
     East Lansing, Michigan for the Michigan Biotechnology 
     Institute International's Nanocomposite Surfaces;
       41. $100,000 to the New Hampshire Department of 
     Environmental Services to develop a statewide water resources 
     management plan;
       42. $250,000 to the Ten Towns Great Swamp Watershed 
     Management Committee in New Jersey for a water quality 
     monitoring program in the Great Swamp National Refuge;
       43. $100,000 to Monmouth University for the Coastal 
     Watershed Program in West Long Branch, New Jersey;
       44. $150,000 for Monmouth University for the Center for 
     Coastal Watershed Management in West Long Beach, New Jersey;
       45. $200,000 to Madison County, New York for the Landfill 
     Gas to Electricity Project;
       46. $250,000 for the New York University in Bronx, New York 
     for health disparity studies;
       47. $1,500,000 for continued work on water management plans 
     for the Central New York Watersheds in Onondaga and Cayuga 
     counties;
       48. $750,000 to Cortland County, New York for continued 
     work on the aquifer protection plan, of which $350,000 is for 
     continued implementation of the comprehensive water quality 
     management program in the Upper Susquehanna Watershed;
       49. $250,000 to Wayne County, New York for continued work 
     on a county-wide lakeshore embankments resource preservation 
     and watershed enhancement plan;
       50. $300,000 for the NADO (National Association of 
     Development Organizations) Research Foundation for 
     environmental training and information dissemination related 
     to rural brownfields, air quality standards and water 
     infrastructure;
       51. $200,000 to the Ohio River Valley Water Sanitation 
     Commission for the Ohio River Watershed Pollutant Reduction 
     Program;
       52. $250,000 to Lake Erie Coastal Ohio for planning, 
     research, and analysis of coastal Lake Erie community, 
     environmental, and educational efforts;
       53. $200,000 to the Oklahoma State University, the 
     University of Oklahoma, the University of Tulsa, and the 
     University of Arkansas for the Integrated Petroleum 
     Environmental Consortium in Tulsa, Oklahoma;
       54. $1,500,000 to the American Cities Foundation (ACF) for 
     the Neighborhood Environmental Action Team program and other 
     community environmental efforts;
       55. $700,000 to Caribbean American Mission for Education 
     Research and Action, Inc. (CAMERA), to support a youth 
     environmental stewardship program in Bala Cynwyd, 
     Pennsylvania;
       56. $700,000 to the Environment and Sports Inc., of 
     Philadelphia to continue support of an environmental 
     awareness program in Philadelphia, Pennsylvania;
       57. $350,000 for the Concurrent Technologies Corp for the 
     Small Partner Environmental Information Exchange Network;
       58. $100,000 to Cabrini College in Radnor, Pennsylvania for 
     the Center for Science Education and Technology;
       59. $100,000 to the University of Memphis for Environmental 
     Programs Hazard Management in Memphis, Tennessee;
       60. $250,000 to the Tarrant County Watershed District in 
     Tarrant County, Texas to develop and implement an integrated 
     watershed protection plan;
       61. $750,000 to the University of Texas at Austin for 
     environmental resource management and technical assistance 
     activities for the Rio Bravo-Rio Grande Physical Assessment 
     Program;
       62. $250,000 to the University of North Texas for the Texas 
     Institute for Environmental Assessment and Management;
       63. $200,000 to the City of Lubbock, Texas for a 
     comprehensive study to address regional water and wastewater 
     concerns;
       64. $75,000 to the Brazos River Authority for the Brazos/
     Navasota Watershed Management Project in Texas;
       65. $200,000 to the Puget Sound Action Team of Hood Canal, 
     Washington for the Hood Canal Depleted Oxygen Study;
       66. $100,000 for the Spokane Regional Chamber of Commerce 
     for the Spokane Valley/Rathdrum Prairie Aquifer Study;
       67. $200,000 to the Upper Kanawha Valley Enterprise 
     Community for the Shrewsbury Riverbank Erosion Project in 
     Shewsbury, West Virginia;
       68. $2,000,000 for on-going activities at the Canaan Valley 
     Institute, including activities relating to community 
     sustainability;
       69. $1,500,000 to support and implement the Highlands 
     Action Program (HAP) of the Agency, including, but not 
     limited to, federal personnel and related costs;
       70. $150,000 for Marshall University, Center for 
     Environmental, Geotechnical and Applied Sciences for 
     Environmental Management Incubator in Huntington, West 
     Virginia;
       71. $200,000 to the City of Cedarburg, Wisconsin for 
     ongoing surface water treatment and general environmental 
     remediation of Cedar Creek;
       72. $4,000,000 for the Small Public Water System Technology 
     Centers at Western Kentucky University, the University of New 
     Hampshire, the University of Alaska-Sitka, Pennsylvania State 
     University, the University of Missouri-Columbia, Montana 
     State

[[Page H10850]]

     University, the University of Illinois, and Mississippi State 
     University;
       73. $500,000 for the City of Boulder's Sustainability 
     Center;
       74. $300,000 for the State Review of Oil and Natural Gas 
     Environmental Regulations [STRONGER] program;
       75. $200,000 for the Utah Watershed Coordinator's Council;
       76. $250,000 for the City of Covington Riverfront Planning 
     Project in Covington, Kentucky;
       77. $600,000 for the University of Southern Mississippi's 
     Gulf of Mexico program to evaluate bacterial source tracking 
     in three Gulf Coast watersheds;
       78. $350,000 for the Greater Houston Partnership/Houston 
     Advanced Research Center for an air quality study;
       79. $400,000 to the Baylor University for a Lake Whitney 
     comprehensive assessment;
       80. $1,500,000 for the Rathdrum Prairie/Spokane Valley 
     Aquifer study with matching funds to be provided by the State 
     of Idaho and Washington;
       81. $300,000 for the Selenium Information System project at 
     the Idaho National Engineering and Environmental Laboratory;
       82. $2,500,000 for the Southwest Center for Environmental 
     Research and Policy;
       83. $500,000 for the Lake Tahoe Environmental Improvement 
     program;
       84. $1,000,000 for the City of Maryville, Tennessee to 
     implement an environmental protection and education project;
       85. $250,000 for the Center for Environmental Citizenship 
     at Luther College in Decorah, Iowa;
       86. $250,000 for a comprehensive storm and irrigation-water 
     management initiative for Orem, Utah;
       87. $5,000,000 for the Oklahoma Department of Environmental 
     Quality for ongoing surface water treatment and general 
     environmental remediation in collaboration with other 
     involved state and Federal entities of the effects of mine-
     waste tailings in the Tar Creek and Spring Creek watersheds 
     and area in Ottawa County, Oklahoma;
       88. $500,000 for the U.S.-Mexico Border Environmental 
     Protection program at the University of Arizona;
       89. $600,000 for the Western Kentucky University Center for 
     Wastewater Research;
       90. $400,000 for the Green River Biological Diversity 
     Monitoring project at Western Kentucky University;
       91. $300,000 for Auburn University to develop a Mobile 
     Delta Initiative;
       92. $750,000 for the City of Wilsonville, Oregon to develop 
     an innovative rainwater management system;
       93. $500,000 for the Ozarks Environmental and Water 
     Resources Institute at Southwest Missouri State University;
       94. $750,000 for the Lake Pontchartrain Basin Foundation 
     for Lake Pontchartrain water quality improvement;
       95. $250,000 for the Maryland Bureau of Mines for an acid 
     mine drainage remediation project;
       96. $1,000,000 for projects demonstrating the benefits of 
     Low Impact Development along the Anacostia Watershed in 
     Prince Georges County, Maryland, including
       97. $500,000 for storm drains and trash traps;
       98. $750,000 for the City of Waukesha, Wisconsin, for a 
     radium removal research and study project;
       99. $250,000 for the Northwest Straits Commission for 
     Washington State University's beach watchers program;
       100. $500,000 for the Columbia Basin Groundwater Management 
     Area;
       101. $300,000 for the Walker Lake Working Group in Nevada 
     for scientific, analytical, and other technical assistance to 
     evaluate solutions for the restoration of Walker Lake;
       102. $250,000 for the Friends of Old Maui School and 
     Community Work Day in Hawaii for environmental assessments;
       103. $350,000 for the County of Hawaii for the Honomolino 
     Irrigation Cooperative surface and ground water project;
       104. $250,000 for the Hawaii Nature Center East Kauai 
     watershed improvement initiative;
       105. $500,000 for the Metropolitan Water District of 
     Southern California for a study of the effectiveness of 
     biological treatment for the removal of perchlorate from 
     groundwater;
       106. $250,000 for the Fresno County Council of Governments 
     in California for a non-point source water quality management 
     program;
       107. $500,000 for the Storm Lake, Iowa, water quality 
     project;
       108. $250,000 for the Iowa Stormwater Runoff Council for 
     the development and implementation of improved urban 
     stormwater control practices;
       109. $300,000 for the Vermont Department of Agriculture 
     Steven's Brook watershed project;
       110. $250,000 for the City of Warwick, Rhode Island, for 
     design and engineering of the Potowomut wastewater collection 
     system;
       111. $400,000 for the City of Las Vegas, New Mexico, for a 
     mechanical biological treatment initiative;
       112. $750,000 for the University of West Florida's PERCH 
     program;
       113. $400,000 for the County of Ventura, California, 
     Calleguas Creek Watershed Management Plan;
       114. $400,000 for a storm water research initiative at the 
     University of Vermont;
       115. $700,000 for Plimoth Plantation in Plymouth, 
     Massachusetts, for environmental education initiatives;
       116. $400,000 for the City of Norwalk, Connecticut, for the 
     FILTER project to prevent runoff into the Long Island Sound;
       117. $500,000 for the State of Nevada to replace or 
     retrofit school buses to lower emissions;
       118. $250,000 for Chautauqua County, New York, for a 
     sewerage mapping project;
       119. $400,000 for the Right Place in Grand Rapids, 
     Michigan, for the West Michigan Regional Sustainable 
     Manufacturing Initiative;
       120. $400,000 for Deschutes County, Oregon, for the Upper 
     Deschutes River water quality and monitoring program;
       121. $200,000 for pollution prevention of Wreck Pond and 
     nearby beaches in Spring Lake, New Jersey;
       122. $200,000 for the City of Vineland, New Jersey, for the 
     demonstration of an environmentally sound disabled vehicle 
     removal pilot project;
       123. $400,000 for the King County, Washington, molten fuel 
     cell demonstration project;
       124. $200,000 for the North Carolina Rural Economic 
     Development Center for a statewide water and wastewater 
     assessment;
       125. $750,000 for continued research and watershed 
     activities at the Kenai River Center in Kenai, Alaska;
       126. $375,000 for regional haze monitoring in the State of 
     Alaska;
       127. $1,500,000 to the Environmental Resources Coalition 
     for the Southwest Missouri Water Resources Assessment 
     Project; and
       128. $1,000,000 for the Missouri Department of Natural 
     Resources for the Low Sulfur Coal Emissions Reduction Pilot 
     Project.
       The Conference has included $8,000,000 more than the budget 
     request for EPA Criminal Enforcement for a total of 
     $39,370,000 for FY05, an increase of a little more than 
     $8,000,000 above the 2004 level. The Conference believes that 
     a strong criminal enforcement program is essential to 
     reducing pollution and protecting public health. The 
     Conference believes that the EPA does not devote adequate 
     resources to the program, which has led to staffing declines 
     and case backlogs. The Conference directs EPA to submit to 
     the House and Senate Committees on Appropriations a plan to 
     reduce case backlogs and ensure adequate resources and 
     staffing levels by March 15, 2005. In addition to this 
     increase, the conference agreement includes sufficient funds 
     to maintain the level of staffing at other enforcement 
     activities throughout the agency at not less than the fiscal 
     year 2004 level.
       The Conferees consider that a strong relationship between 
     EPA and the Department of Homeland Security (DHS) is critical 
     if the Nation is going to have a comprehensive and effective 
     plan for protecting our homeland. The conferees understand 
     that the EPA has negotiated two memorandums of understandings 
     (MOUs) with DHS. The first, between DHS and EPA's Office of 
     Research and Development, provides for joint research 
     projects. The second, between DHS and EPA's Office of Air and 
     Radiation, is designed to provide coordination and funding 
     for field operations of the biowatch monitoring network. 
     Nevertheless, the Conferees remain concerned that the 
     Agency's responsibilities as to homeland security are not 
     well articulated. Therefore, the Conferees direct EPA to 
     enter into a comprehensive MOU with DHS no later than August 
     1, 2005 that will define the relationship and 
     responsibilities of these entities with regard to the 
     protection and security of our Nation. The Conferees expect 
     the MOU to specifically identify areas of responsibilities 
     and the potential costs (including which entity pays, in 
     whole or part) for fully meeting such responsibilities. EPA 
     shall submit to the House and Senate Committees on 
     Appropriations a plan no later than September 15, 2005 that 
     details how the agency will meet its responsibilities under 
     the MOU, including a staffing plan and budget.
       The conference agreement provides the budget request of 
     $2,000,000 for the Water Information Sharing and Analysis 
     Center (Water ISAC) to gather, analyze, and disseminate 
     sensitive security information to water and wastewater 
     systems. The conferees direct that the Water ISAC shall be 
     implemented through a grant to the Association of 
     Metropolitan Water Agencies.
       The conferees have, within available funds, provided 
     $2,000,000 for nine Environmental Finance Centers, the same 
     as for fiscal year 2004.
       The conferees have provided the full budget request for the 
     Endocrine Disruptor Screening Program. The High Production 
     Volume (HPV) Chemical Challenge Program and the Voluntary 
     Children's Chemical Evaluation Program have been funded at 
     the fiscal year 2004 level and the conferees urge that no 
     reductions be proposed in the operating plan submission for 
     these important programs.
       The conferees support EPA's promotion of environmental 
     management systems (EMSs), codes established by a variety of 
     industry sectors to ensure superior environmental 
     performance, and urge the agency to examine additional 
     regulatory incentives to be provided to organizations that 
     have implemented an EMS.
       The conferees have also provided the fiscal year 2004 
     appropriation level for activities and programs of the Office 
     of Pesticide Programs (OPP).
       The conferees direct EPA to provide for the Pesticide 
     Applicator Training program the same amount as available in 
     fiscal year 2004.
       The conferees support the Agency's electronics recycling 
     initiative, and encourage

[[Page H10851]]

     the Agency to support pilot projects through the Polymer 
     Alliance Zone's MARCEE Initiative to develop a market-based 
     sustainable electronics recycling infrastructure.


                      OFFICE OF INSPECTOR GENERAL

       Appropriates $38,000,000 for the Office of Inspector 
     General, an increase of $1,000,000 over the amount proposed 
     by the House, and the same amount proposed by the Senate. In 
     addition to amounts appropriated directly to the OIG, 
     $13,000,000 is also available by transfer from funds 
     appropriated for Hazardous Substance Superfund. Of the total 
     funding, $750,000 shall be used to carry out the duties of 
     Inspector General for the Chemical Safety and Hazard 
     Investigation Board.


                        BUILDINGS AND FACILITIES

       Appropriates $39,000,000 for buildings and facilities, 
     instead of $40,000,000 as proposed by the Senate and the same 
     as proposed by the House.


                     HAZARDOUS SUBSTANCE SUPERFUND

                     (INCLUDING TRANSFERS OF FUNDS)

       Appropriates $1,257,537,000 for Hazardous Substance 
     Superfund as proposed by the House instead of $1,381,416,000 
     as proposed by the Senate. Bill language provides that such 
     sums as are available from the Superfund trust fund upon the 
     date of enactment are available for this activity, with the 
     remainder to be derived from general revenues of the 
     Treasury. Additional language provides for the transfer of 
     $13,000,000 to the Office of Inspector General, and for the 
     transfer of $36,097,000 to the Science and Technology 
     account.
       The conferees direct EPA to develop a standard test method 
     for naturally occurring asbestos that will provide 
     reproducible results and provide a risk analysis using the 
     existing EPA Airborne Asbestos Health Assessment Update.
       The conferees remain concerned about the effective 
     implementation of the Superfund program. The EPA IG is 
     conducting an ongoing evaluation of Superfund expenditures at 
     the request of the House and Senate Committees on 
     Appropriations. It is clear, however, that there is little 
     coordination of best practices at Superfund sites and the 
     conferees urge EPA to develop a best practices approach which 
     will ensure that there will be better coordination in 
     managing sites and that those Superfund procedures that work 
     best for the least cost will be implemented.
       The conferees have agreed to the following fiscal year 2005 
     funding levels:
         1. $879,100,000 for Superfund response and cleanup 
     activities;
         2. $146,514,000 for enforcement activities;
         3. $145,000,000 for management and support;
         4. $13,000,000 for transfer to the Office of Inspector 
     General;
         5. $36,097,000 for research and development activities, 
     to be transferred to the Science and Technology account; and
         6. $37,826,000 for reimbursable interagency activities, 
     including $27,150,000 for the Department of Justice and 
     $10,676,000 for OSHA, FEMA, NOAA, the United States Coast 
     Guard, and for the Department of the Interior.


                LEAKING UNDERGROUND STORAGE TANK PROGRAM

       Appropriates $70,000,000 for the leaking underground 
     storage tank program as proposed by the Senate, instead of 
     $74,000,000 as proposed by the House.


                           OIL SPILL RESPONSE

       Appropriates $16,000,000 for oil spill response as proposed 
     by the House and the Senate.


                   STATE AND TRIBAL ASSISTANCE GRANTS

       Appropriates $3,604,182,000 for state and tribal assistance 
     grants instead of $3,359,027,000 as proposed by the House and 
     $3,886,550,000 as proposed by the Senate. Bill language 
     specifically provides $1,100,000,000 for Clean Water State 
     Revolving Fund (SRF) capitalization grants, of which up to 
     $50,000,000 is to be made available for use by States that 
     choose to make loans, including interest-free loans, that 
     increase non-point and non-structural, decentralized 
     alternatives, expanding the choices available to communities 
     in their fight for clean water. The conferees again strongly 
     encourage States that can do so to pursue innovative 
     technologies in this regard, but emphasize that this program 
     is voluntary and that States not participating in the program 
     will nevertheless continue to receive their normal level of 
     funding through the established SRF formulas.
       Additional bill language provides $850,000,000 for Safe 
     Drinking Water SRF capitalization grants; $50,000,000 for the 
     United States-Mexico Border program; $45,000,000 for grants 
     to address drinking water and wastewater infrastructure needs 
     in rural and native Alaska communities; $4,000,000 for 
     remediation of above ground leaking fuel tanks in Alaska 
     pursuant to Public Law 106-554; $90,000,000 for Brownfields 
     infrastructure grants; $1,145,757,000 for categorical grants 
     to the states and tribes, including $50,000,000 for 
     Brownfields categorical grants and $19,500,000 for the 
     Environmental Information Exchange program; $7,500,000 for 
     Clean School Bus grants; and $309,925,000 for cost-shared 
     grants for construction of water and wastewater treatment 
     facilities and infrastructure and for groundwater protection 
     infrastructure.
       The conferees have included bill language which: (1) for 
     fiscal year 2005, authorizes the Administrator of the EPA to 
     use funds appropriated pursuant to the Federal Water 
     Pollution Control Act (FWPCA) to make grants to Indian tribes 
     pursuant to section 319(h) and 518(e) of FWPCA; (2) will 
     permit the states to include as principal amounts considered 
     to be the cost of administering SRF loans to eligible 
     borrowers, with certain limitations; (3) for fiscal year 
     2005, authorizes the states to transfer funds between the 
     Clean Water and Safe Drinking Water SRF programs; and (4) 
     stipulates that no funds provided in the Act to address water 
     infrastructure needs of colonias within the United States 
     along the United States-Mexico border shall be made available 
     to a county or municipal government unless that governmental 
     entity has established an enforceable ordinance or rule which 
     prevents the development or construction of any additional 
     colonia areas, or the development within an existing colonia 
     of any new home, business, or other structure which lacks 
     water, wastewater, or other necessary infrastructure.
       As in previous years, the conferees have included bill 
     language that stipulates that none of the funds provided in 
     this or any previous years' Act for the Safe Drinking Water 
     SRF may be reserved by the Administrator for health effects 
     studies on drinking water contaminants. The conferees have 
     instead provided significant resources for such studies 
     within EPA's Science and Technology account.
       The conferees have included, as proposed by the Senate, 
     bill language which sets certain requirements for Alaska 
     Native Village grants, including: (1) a 25% cost share from 
     the State of Alaska; (2) a limitation on administrative 
     expenses; and (3) the establishment of a statewide priority 
     list and a set-aside for regional hub communities.
       The conferees have not included language proposed in the 
     Senate bill that created a new $3,000,000 construction 
     program that was designed to begin building the needed 
     infrastructure to reduce the risk of arsenic in drinking 
     water as required by the arsenic in drinking water rule (66 
     FR 6979). In 2006, both community water systems and non-
     transient, non-community water systems are expected to be in 
     compliance with these new arsenic in drinking water 
     requirements. The conferees are concerned that many 
     communities, especially rural communities in the West, will 
     be unable to meet these new requirements which could become a 
     huge financial hardship on these communities. This may mean 
     that clean water systems could be abandoned in favor of 
     untreated well water or that communities may be forced to 
     spend very tight resources on new water infrastructure while 
     abandoning other critical priorities such as maintaining 
     local school systems. The conferees direct EPA to submit a 
     study no later than August 15, 2005 on the extent to which 
     the communities will be impacted by the arsenic in drinking 
     water rule, the likely cost to these communities for meeting 
     the requirements of the rule, alternatives to meeting the 
     requirements of the rule and recommendations for, but not 
     limited to, ways to minimize the cost.
       The conferees have included bill language that makes 
     technical corrections and changes to grants approved in 
     previous fiscal years.
       Of the funds provided for the United States-Mexico Border 
     program, $5,000,000 is for continuation of the El Paso, Texas 
     desalination and water supply project, and $2,000,000 is for 
     the Brownsville, Texas water supply project.
       The conferees provide $18,000,000 for making competitive 
     Targeted Watershed grants; within these funds, $8,000,000 is 
     for a regional pilot program for the Chesapeake Bay that 
     shall demonstrate effective non-point source nutrient 
     reduction approaches that target small watersheds and 
     accelerate nutrient reduction in innovative, sustainable, and 
     cost-effective ways. Partners in the effort to protect the 
     Bay include Maryland; Pennsylvania; Virginia; the District of 
     Columbia; the Chesapeake Bay Commission, a tri-state 
     legislative body; EPA, which represents the Federal 
     Government; and, participating citizen advisory groups.
       The conferees direct EPA under the ``school bus'' program 
     to treat all school districts equally, regardless of whether 
     the buses are owned by the district or owned by a contractor. 
     In either case, the grantee is a school district. In cases 
     where the school district contracts with an outside entity 
     for the provision of school buses, the school district is 
     expected to contract with its contractor to ensure the buses 
     are as environmentally sound as possible at the least 
     possible cost. Any use of funds must be consistent with the 
     program requirements. School districts can apply jointly for 
     a grant where the contractor provides student busing services 
     to more than one district.
       Within the State and Tribal Categorical Grant program, the 
     conference agreement includes:

----------------------------------------------------------------------------------------------------------------
                                                                       House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
State and Local Air Quality Assistance..........................     225,000,000     228,550,000     225,000,000
Tribal Air Quality Assistance...................................      10,830,000      11,000,000      10,830,000
Radon...........................................................       8,000,000       7,000,000       7,000,000
Pollution Control (Section 106).................................     200,000,000     210,000,000     210,000,000
Beaches Protection..............................................      10,000,000      10,000,000      10,000,000
Nonpoint Source (Section 319)...................................     235,250,000     215,000,000     209,000,000
Wetlands Program Development....................................      14,500,000      15,000,000      15,000,000
Wastewater Operator Training....................................       1,500,000       1,500,000       1,500,000
Water Quality Cooperative Agreements (Sec. 104(3)(b))...........      18,620,000      17,000,000      17,000,000
Targeted Watersheds.............................................      14,500,000      20,000,000      18,000,000
Public Water System Supervision (PWSS)..........................     100,550,000     102,500,000     100,550,000

[[Page H10852]]

 
Underground Injection Control (UIC).............................      10,780,000       9,000,000      10,780,000
Drinking Water Homeland Security................................       5,000,000       5,000,000       5,000,000
RCRA Financial Assistance.......................................     104,300,000     106,400,000     104,300,000
Brownfields.....................................................      50,000,000      50,000,000      50,000,000
Underground Storage Tanks.......................................      12,000,000      13,000,000      12,000,000
Pesticides Program Implementation...............................      13,000,000      13,100,000      13,000,000
Lead Risk Reduction.............................................      13,500,000      13,700,000      13,500,000
Toxic Substances Compliance.....................................       5,047,000       5,150,000       5,047,000
Pesticides Enforcement..........................................      19,500,000      19,900,000      19,500,000
Environmental Information.......................................      19,500,000      20,000,000      19,500,000
Pollution Prevention............................................       6,000,000       5,000,000       5,000,000
Sector Program (Enforcement & Comp Assurance)...................       2,250,000       2,250,000       2,250,000
Tribal General Assistance Program...............................      62,000,000      62,500,000      62,000,000
----------------------------------------------------------------------------------------------------------------

       The conferees have not included language that directed EPA 
     to deduct from grants to state associations for a state that 
     does not wish to participate in the association, as proposed 
     by the Senate. The conferees believe that current recipients 
     of such grants have administratively addressed this issue.
       The conferees have provided $309,925,000 for a targeted 
     program making grants to communities for the construction of 
     drinking water, wastewater and storm water infrastructure and 
     for water quality protection. As in past years, these grants 
     shall be accompanied by a cost-share requirement whereby 45 
     percent of a project's cost is the responsibility of the 
     community or entity receiving the grant. In those few cases 
     where such cost-share requirement poses a particular 
     financial burden on the recipient community or entity, the 
     conferees support the Agency's use of its long-standing 
     guidance for financial capability assessments to determine 
     reductions or waivers from this match requirement.
       With the exception of the limited instances in which an 
     applicant meets the criteria for a waiver, the conferees have 
     provided no more than 55% of an individual project's cost, 
     regardless of the amount appropriated below. The phrase 
     `terms and conditions' referenced in the bill language 
     includes the maximum 55% federal share, as well as the 
     intended recipients and the specific project descriptions, as 
     listed below. The distribution of funds under this program is 
     as follows:
       1. $400,000 to the City Falkville, Alabama for sewer 
     infrastructure improvements;
       2. $750,000 to the City of Albertville, Alabama for sewer 
     infrastructure improvements;
       3. $180,000 to the City of Boldo, Alabama for water 
     infrastructure improvements;
       4. $200,000 to the City of Addison, Alabama for sewer 
     infrastructure improvements;
       5. $220,000 to Lamar County, Alabama for infrastructure 
     improvements to the Lamar County Reservoir;
       6. $350,000 to the City of Arley, Alabama for water 
     infrastructure improvements;
       7. $200,000 to the City of Eva, Alabama for sewer 
     infrastructure improvements;
       8. $200,000 to the City of Guin, Alabama for water 
     infrastructure improvements;
       9. $250,000 to the City of Phil Campbell, Alabama for water 
     infrastructure improvements;
       10. $500,000 to Blount County, Alabama for water 
     infrastructure improvements;
       11. $500,000 to the DeKalb-Jackson Water Supply District in 
     Ider, Alabama for construction of a water treatment plant;
       12. $150,000 to Fort Payne, Alabama for a pump station at 
     Wills Valley Industrial Park;
       13. $250,000 to the Helena Utility Board in Helena, Alabama 
     for sewer infrastructure improvements;
       14. $250,000 to the City of Jackson, Alabama for water and 
     wastewater infrastructure improvements;
       15. $200,000 to the City of Athens, Alabama for wastewater 
     infrastructure improvements;
       16. $500,000 to Lawrence County, Alabama for the Bankhead 
     Forest Water Project;
       17. $250,000 to the City of Huntsville, Alabama for water 
     infrastructure improvements;
       18. $400,000 to Hartselle Utilities for wastewater 
     infrastructure improvements in Hartselle, Alabama;
       19. $100,000 to Harvest-Monrovia Water, Sewer, and Fire 
     Protection in Alabama for a master plan to accomplish the 
     establishment of a sewer system within the service area;
       20. $300,000 to the Limestone County Water and Sewer 
     Authority in Alabama for water infrastructure improvements;
       21. $400,000 to the Waterworks Boards of the Towns of 
     Section and Dutton, Alabama for water infrastructure 
     improvements;
       22. $500,000 to the Scottsboro Waterworks, Sewer, and Gas 
     Board in Scottsboro, Alabama for construction and 
     rehabilitation of a sanitary sewer collection system;
       23. $600,000 to the City of Sheffield, Alabama for water 
     and wastewater infrastructure improvements;
       24. $200,000 to the West Morgan-East Lawrence Water and 
     Sewer Authority for water and wastewater system 
     infrastructure improvements;
       25. $50,000 to Jackson County, Alabama for water and 
     wastewater infrastructure improvements;
       26. $400,000 to the City of Muscle Shoals, Alabama for 
     water and wastewater infrastructure improvements;
       27. $100,000 to the community of Overlook Hills in Dallas 
     County, Alabama for wastewater infrastructure improvements;
       28. $100,000 to the Town of Fulton, Alabama to construct a 
     wastewater treatment facility;
       29. $150,000 to the Town of Red Level, Alabama for Phase II 
     water infrastructure improvements;
       30. $150,000 to the City of Valley, Alabama to purchase 
     Langdale Mill and Fairfax Utilization Plant;
       31. $100,000 for the Millerville Water Authority (Clay 
     County Commission) for water infrastructure improvements in 
     Millerville, Alabama;
       32. $200,000 for the Smiths Station Water Authority in 
     Alabama for water infrastructure improvements;
       33. $30,000 for City of Piedmont Water and Utilities Board 
     to extend water lines to the Terrapin Cove/Borden Springs 
     area in Cleburne County, Alabama;
       34. $250,000 to the City of Fayetteville, Arkansas for 
     water infrastructure improvements;
       35. $250,000 for the Faulkner County Public Facilities 
     Board for Lake Conway Sewer Improvements in Faulkner County, 
     Arkansas;
       36. $200,000 for the City of Goodyear, Arizona for water 
     infrastructure improvements;
       37. $250,000 to the City of Avondale, Arizona for 
     wastewater infrastructure improvements;
       38. $150,000 to the City of Chandler, Arizona for the 
     Chandler Arsenic Mitigation Program;
       39. $1,000,000 to the University of Arizona, College of 
     Pharmacy for the US-Mexico Border Environmental Protection 
     Program;
       40. $250,000 to the City of Stafford, Arizona for 
     construction of a wastewater treatment plant;
       41. $500,000 to the City of St. Johns, Arizona for new 
     water transmission pipeline construction;
       42. $150,000 to the City of Rialto, California for water 
     infrastructure improvements;
       43. $250,000 to the Box Springs Mutual Water Company of the 
     City of Moreno Valley, California for installation of a sewer 
     system;
       44. $200,000 to the City of Oxnard, California for the 
     Headworks Expansion Project and Redwood Trunk Project;
       45. $150,000 to the City of Modesto, California for the 
     neighborhood storm water, sewer, and water infrastructure 
     project (Ninth Street Corridor Storm Drain Project);
       46. $600,000 to the Orange County Sanitation District for 
     wastewater infrastructure improvements in Fountain Valley, 
     California;
       47. $500,000 to the City of Laguna Beach, California for 
     emergency sewer repairs;
       48. $1,000,000 to the City of Solana Beach, California for 
     wastewater treatment improvements in the municipal sewer 
     system;
       49. $250,000 to the City of Roseville, California for water 
     infrastructure improvements;
       50. $400,000 to the City of Monrovia, California for water 
     and wastewater infrastructure improvement;
       51. $1,000,000 to the Cities of Arcadia and Sierra Madre, 
     California for the Joint Water Infrastructure Restoration 
     Program;
       52. $200,000 to the City of East Palo Alto, California for 
     the storm water infrastructure improvements;
       53. $350,000 to the Monterey County Water Resource Agency 
     for the Salinas Valley Water Project in Monterey County, 
     California;
       54. $100,000 to the Sweetwater Authority for the water 
     quality monitoring in Chula Vista, California;
       55. $250,000 to the City of El Segundo, California for 
     wastewater infrastructure improvements for Smoky Hollow;
       56. $350,000 for the City of Redding, California for water 
     infrastructure improvements;
       57. $750,000 to the San Diego County Water Authority for 
     the San Diego County Water Authority Regional Seawater 
     Desalination Initiative in San Diego, California;
       58. $350,000 to the City of Brisbane, California for water 
     and wastewater infrastructure improvements;
       59. $100,000 for the Bighorn Desert Water Agency for water 
     infrastructure improvements in Yucca Valley, California;
       60. $450,000 to the City of San Bernardino, California for 
     Lakes and Stream Project;
       61. $250,000 to the City of Hesperia, California for water 
     infrastructure improvements;
       62. $200,000 to the City of Lake Arrowhead, California for 
     the Community Services District;
       63. $500,000 for Mission Springs Water District for the 
     Groundwater Protection, Supply Enhancement/Reuse Program in 
     Desert Hot Springs, California;
       64. $450,000 to the City of Banning, California for the 
     Brinton Reservoir;
       65. $300,000 for the Hi-Desert Water District in Yucca, 
     Valley, California for the Warren Valley Recharge Facility;
       66. $300,000 for the Santa Ana Watershed Project Authority 
     in California for the Santa Ana Regional Interceptor (SARI) 
     Enhancement;
       67. $200,000 for the City of San Jose, California for water 
     and wastewater infrastructure improvements;
       68. $500,000 to the City of Sacramento, California for 
     combined sewer system improvement rehabilitation project;
       69. $250,000 for the Castaic Lake Water Agency in 
     California for wastewater infrastructure improvements;
       70. $250,000 to the City of Barstow, California for a sewer 
     master plan implementation project;

[[Page H10853]]

       71. $250,000 to the City of Victorville, California for 
     water infrastructure improvements;
       72. $200,000 for the California State University, Dominguez 
     Hills for the Center for Urban Environmental Research in 
     Carson, California;
       73. $200,000 to the City of Brea, California for sewer 
     infrastructure improvements;
       74. $200,000 to the City of Mission Viejo, California for 
     the Oso Creek Barrier Project;
       75. $300,000 to the City of Vallejo, California for the 
     Mare Island Sanitary Sewer and Storm Drain Improvement 
     Project;
       76. $250,000 to the City of Norwalk, California for the 
     Balancing Facility Project;
       77. $150,000 to the Strathmore Public Utility District for 
     a wastewater treatment plant;
       78. $250,000 to the City of Folsom, California for the 
     sewer rehabilitation project;
       79. $1,000,000 to the City of San Francisco, California for 
     water and wastewater infrastructure improvements;
       80. $800,000 for the Santa Clara Valley Water District in 
     Santa Clara County, California for Perchlorate Cleanup;
       81. $200,000 to the City of Westminster, California for the 
     Westminster Water Quality Pilot Project;
       82. $300,000 to the City of Huntington Beach, California 
     for the Wintersberg Channel Urban Run-Off Treatment;
       83. $250,000 to the City of Downey, California for storm 
     water infrastructure improvements;
       84. $150,000 for the Municipal Water District of Orange 
     County, California for an Orange County water reliability 
     study;
       85. $200,000 for the Orange County Sanitation District for 
     a new secondary treatment facility in Fountain Valley, 
     California;
       86. $250,000 to the City of Eurka, California for the 
     Martin Slough Interceptor;
       87. $250,000 to the City of Gardena, California for water 
     and wastewater infrastructure improvements;
       88. $250,000 to the City of Santa Monica, California for 
     water infrastructure improvements;
       89. $200,000 for Sonoma County, California for the Monte 
     Rio sanitation project in Monte Rio, California;
       90. $250,000 to Jefferson County, Colorado to implement a 
     new storm water improvement program;
       91. $250,000 to the City of Ouray, Colorado for water 
     infrastructure improvements;
       92. $150,000 to the City of Meriden, Connecticut for the 
     City Center Initiative Flood Control and Demolition;
       93. $300,000 to the City of New Britain, Connecticut for 
     water infrastructure improvements;
       94. $500,000 to the City of Southington, Connecticut for 
     the Southington Water Supply Improvement Project;
       95. $200,000 to the City of Stamford, Connecticut for storm 
     water infrastructure improvements;
       96. $350,000 to the City of Groton, Connecticut for water 
     and sewer line extension;
       97. $500,000 to the District of Columbia Government for 
     drinking water infrastructure improvements to address lead 
     problems;
       98. $400,000 for the City of Wilmington, Delaware for 
     wastewater infrastructure improvements;
       99. $250,000 to the City of Tarpon Springs, Florida for 
     water and wastewater infrastructure improvements;
       100. $200,000 to the City of Gainesville, Florida for the 
     depot regional storm water park;
       101. $250,000 to Citrus County, Florida for the 
     Chassahowitzka Area Wastewater Collection and Drinking Water 
     Distribution System;
       102. $200,000 to Hillsborough County, Florida for the 
     Hillsborough County Alternative Water Supplies--Phase III;
       103. $750,000 to the City of Miami Beach, Florida for storm 
     water infrastructure improvements;
       104. $250,000 to the City of Key West, Florida for storm 
     water infrastructure improvements
       105. $200,000 to the City of Pemroke Pines, Florida for 
     water treatment expansion;
       106. $250,000 to the City of Homestead, Florida for water 
     and wastewater infrastructure improvements;
       107. $150,000 for the South Seminole & North Orange County 
     Wastewater Transmission Authority for the replacement of 
     wastewater pipes and mechanical equipment;
       108. $200,000 to the Southwest Florida Water Management 
     District for the Peace River & Myakka River Water Initiative 
     in Polk County, Florida;
       109. $300,000 to the Village of Wellington, Florida for the 
     reconfiguration of storm water system project;
       110. $350,000 for the County of Sarasota, Florida for 
     wastewater infrastructure improvements;
       111. $200,000 to the City of Rivera Beach, Florida for the 
     storm water management plan;
       112. $200,000 to the Town of Windermere, Florida for storm 
     water management improvements;
       113. $250,000 to the City of Miami Gardens, Florida for 
     water, wastewater, storm water, and sewer infrastructure 
     improvements;
       114. $200,000 to the City of Bunnell, Florida for the 
     Wastewater Collection, Treatment and Disposal System 
     Rehabilitation Project;
       115. $500,000 for St. Johns County, Florida for the College 
     Park Drainage Improvement Project in West Augustine, Florida;
       116. $250,000 for the Escambia County Utility Authority for 
     Wastewater Treatment/water Reclamation Partnership in 
     Escambia County, Florida;
       117. $350,000 to the City of Davenport, Florida for 
     wastewater infrastructure improvements;
       118. $200,000 to the City of Lakeworth, Florida for water 
     infrastructure improvements;
       119. $200,000 to the City of Davie, Florida for water main 
     replacement;
       120. $300,000 for the South Central Regional Wastewater 
     Treatment and Disposal Board for the 100 percent Wastewater 
     Reuse Project in the Cities of Delray Beach and Boynton 
     Beach, Florida;
       121. $300,000 to the City of Starke, Florida for the Water 
     Quality Improvement Program;
       122. $500,000 to Osceola County, Florida for drainage basin 
     improvements;
       123. $2,500,000 to the St. Johns River Water Management 
     District for water infrastructure improvements in Central and 
     East Florida;
       124. $4,000,000 to the Southwest Florida Water Management 
     District for continuation of the Tampa Bay Reservoir Project;
       125. $1,200,000 to the Southwest Florida Water Management 
     District for Tampa Bay Reclaimed Water and Downstream 
     Augmentation Project;
       126. $300,000 to the Southwest Florida Water Management 
     District for the Peace River and Myakka River Watershed 
     Restoration Initiative;
       127. $500,000 to the City of Clearwater, Florida for the 
     Wastewater and Reclaimed Water Infrastructure Project;
       128. $1,300,000 to the City of Tampa, Florida for sediment 
     removal from estuaries of the headwaters at the canals;
       129. $500,000 to the City of Treasure Island, Florida for 
     wastewater and sewer system upgrades;
       130. $900,000 to the City of Albany, Georgia storm water 
     infrastructure improvements;
       131. $400,000 to the City of Americus, Georgia for sewer 
     service expansion;
       132. $1,000,000 to the City of Atlanta, Georgia for the 
     McDaniel Basin Combined Sewer Overflow Separation project;
       133. $1,000,000 for Columbus Water Works, Columbus, Georgia 
     for its Biosolids Flow-Through Thermophilic Treatment 
     Demonstration Project;
       134. $250,000 to the City of Plains, Georgia for water 
     infrastructure improvements;
       135. $100,000 to the City of Social Circle, Georgia for 
     water and wastewater infrastructure improvements;
       136. $100,000 to the City of Thomasville, Georgia for 
     extension of sewer lines;
       137. $150,000 to the City of Moultrie, Georgia for 
     wastewater infrastructure improvements;
       138. $150,000 to the City of Summerville, Georgia for water 
     and wastewater infrastructure improvements;
       139. $200,000 to Polk County, Georgia for the Polk County 
     Wastewater Collection System;
       140. $250,000 to the City of Roswell, Georgia for the Big 
     Creek Watershed Project;
       141. $750,000 to the City of Atlanta, Georgia for 
     wastewater infrastructure improvements;
       142. $750,000 to the City of Moultrie, Georgia for 
     wastewater infrastructure improvements;
       143. $700,000 for the Metropolitan North Georgia Planning 
     District for water infrastructure improvements in North 
     Atlanta Metropolitan Area, Georgia;
       144. $150,000 to the City of Byron, Georgia for water and 
     wastewater infrastructure improvements;
       145. $250,000 to the City of Social Circle, Georgia for 
     water and wastewater infrastructure improvements;
       146. $250,000 to the Guam Waterworks Authority for water 
     and wastewater infrastructure improvements in the Territory 
     of Guam;
       147. $150,000 to the Maui County Department of Water Supply 
     for the lead reduction in Upcountry Maui in Upcountry Maui, 
     Hawaii;
       148. $200,000 to the City of Castleford, Idaho for water 
     infrastructure improvements;
       149. $450,000 to the City of Castleford, Idaho for water 
     infrastructure improvements;
       150. $600,000 to the City of Twin Falls, Idaho for 
     wastewater infrastructure improvements;
       151. $750,000 to the City of Pocatello, Idaho for water 
     infrastructure improvements;
       152. $150,000 to the City of Lockport, Illinois for water 
     and wastewater infrastructure improvements;
       153. $450,000 to the Village of Johnsburg, Illinois for 
     wastewater infrastructure improvements;
       154. $300,000 to the Lake County Storm water Management 
     Community for the Lake County Watershed Plan in Lake County, 
     Illinois;
       155. $200,000 to the City of Silvis, Illinois for water 
     infrastructure improvements;
       156. $200,000 to the Village of Newark, Illinois for 
     wastewater infrastructure improvements;
       157. $200,000 to the Village of Paw Paw, Illinois for 
     construction of an elevated water storage tower;
       158. $200,000 to the Village of Annawan, Illinois for water 
     and wastewater infrastructure improvements;
       159. $650,000 to the Salt Creek Sanitary District in Villa 
     Park, Illinois for water and wastewater infrastructure 
     improvements;
       160. $300,000 to the Village of East Hazel Crest, Illinois 
     for water infrastructure improvements;

[[Page H10854]]

       161. $200,000 to the City of Lexington, Illinois for 
     wastewater infrastructure improvements;
       162. $400,000 to Lake County, Illinois for wastewater 
     infrastructure improvements on the Des Plaines River;
       163. $500,000 to the City of Peoria, Illinois for 
     stormwater management;
       164. $542,500 to the Village of Bartonville, Illinois for 
     storm sewer improvements in Broadmoor Heights;
       165. $500,000 to the Village of Arenzville, Illinois for 
     water infrastructure improvements;
       166. $500,000 to the Village of Argenta, Illinois for water 
     infrastructure improvements;
       167. $500,000 to the Village of North Pekin, Illinois for 
     water infrastructure improvements;
       168. $357,500 to the City of Spring Valley, Illinois for 
     water infrastructure improvements;
       169. $250,000 to the City of Virginia, Illinois for water 
     infrastructure improvements;
       170. $500,000 to the City of Pekin, Illinois wastewater 
     infrastructure improvements;
       171. $250,000 to the City of Lincoln, Illinois to repair 
     and slip line Pulaski Street sewer line;
       172. $350,000 to the Village of La Grange, Illinois for 
     water infrastructure improvements;
       173. $550,000 to the Village of Fox River Grove, Illinois 
     for Phase II sewer plant infrastructure improvements;
       174. $250,000 to the City of Shelbyville, Illinois for 
     wastewater infrastructure improvements;
       175. $250,000 to the City of Breese, Illinois for 
     construction of the Breese Water Plant;
       176. $100,000 to the Village of Mazon, Illinois for water 
     infrastructure improvements;
       177. $200,000 for Will County, Illinois for the feasibility 
     study for sanitary district expansion;
       178. $300,000 to the City of Marion, Indiana for water 
     infrastructure improvements associated with the Water Loop 
     Project in Grant County, Indiana;
       179. $200,000 to the City of Crawford, Indiana for the 
     design and construction phases of the Crawfordsville Eastside 
     Sanitary Sewer Project;
       180. $500,000 to the City of Frankfort, Indiana for 
     construction of the Eastside Drainage/Detention Facility;
       181. $150,000 to the City of Indianapolis, Indiana for 
     sewer rehabilitation in northeast Indianapolis;
       182. $300,000 to the City of Evansville, Indiana for the 
     Pigeon Creek Enhancement Project;
       183. $200,000 to the City of New Castle, Indiana for the 
     sanitary sewer and sanitary forcemain project;
       184. $330,000 to the City of Lowell, Indiana for 
     construction of additional water lines;
       185. $400,000 to the City of Hebron, Indiana for water 
     infrastructure improvements;
       186. $150,000 to the City of Des Moines, Iowa for storm 
     water infrastructure improvements to the Closes Creek 
     Watershed;
       187. $250,000 to the City of Storm Lake, Iowa for water 
     infrastructure improvements;
       188. $250,000 to the City of Postville, Iowa for the 
     completion of the Postville wastewater facility;
       189. $500,000 to the City of Mason City, Iowa for 
     completion of the Mason City water treatment plant;
       190. $450,000 to the City of Ft. Madison, Iowa for water 
     and wastewater infrastructure improvements;
       191. $450,000 to the City of Ottumwa, Iowa for the South 
     Ottumwa Sewer Separation project;
       192. $500,000 to the City of Davenport, Iowa for the 
     Westside Diversion Tunnel;
       193. $250,000 to the City of Mission, Kansas for 
     construction and expansion of a storm water flow management 
     system;
       194. $350,000 to the City of Harper, Kansas for water 
     infrastructure improvements;
       195. $150,000 to the Town of North Middletown, Kentucky for 
     North Middletown water and sewer improvements;
       196. $100,000 to the City of Shepherdsville, Kentucky for 
     storm water compliance;
       197. $100,000 to the City of Hillview, Kentucky for the 
     Hillview Storm water Compliance;
       198. $550,000 to the Louisville/Jefferson County 
     Metropolitan Sewer District, Kentucky to construct a gravity 
     interceptor sewer in Shively;
       199. $225,000 Louisville/Jefferson County Metropolitan 
     Sewer District, Kentucky for wastewater infrastructure 
     improvements in Beechwood Village;
       200. $225,000 Louisville/Jefferson County Metropolitan 
     Sewer District, Kentucky for wastewater infrastructure 
     improvements at Canoe Lane;
       201. $700,000 to the City of Whitesburg, Kentucky for 
     construction of a wastewater treatment plant;
       202. $1,200,000 for the Perry County Fiscal Court in 
     Hazard, Kentucky for the construction of a wastewater 
     treatment plant;
       203. $100,000 to the City of Morehead, Kentucky for the 
     renvoation and expansion of a wastewater treatment plant;
       204. $150,000 to the City of Jamestown, Kentucky for the 
     water treatment plant;
       205. $150,000 to the City of Monroe for the Monroe 
     Wastewater Improvement Program in Monroe, Louisiana;
       206. $200,000 to the Village of Slaughter, Louisiana for 
     wastewater infrastructure improvements;
       207. $200,000 to the West Baton Rouge Parish, Louisiana for 
     wastewater infrastructure improvements;
       208. $250,000 to the City of Shreveport, Louisiana for the 
     Municipal Water Distribution System--Backflow Prevention;
       209. $200,000 to the City of Shreveport, Louisiana for 
     watershed protection;
       210. $500,000 for the South Central Planning & Development 
     Commission for water and wastewater infrastructure 
     improvements in New Iberia, St. Charles, Morgan City, St. 
     Bernard and St. James, Louisiana;
       211. $250,000 to the City of Slidell, Louisiana for storm 
     water infrastructure improvements;
       212. $200,000 to the Town of Windham, Maine for wastewater 
     infrastructure improvements;
       213. $500,000 to the City of Brewer, Maine for the sewer 
     improvements project;
       214. $250,000 to the City of Salisbury, Maryland for 
     wastewater infrastructure improvements;
       215. $250,000 to the City of Cambridge, Maryland for 
     wastewater infrastructure improvements;
       216. $250,000 to the City of Elkton, Maryland for 
     wastewater infrastructure improvements;
       217. $100,000 to Prince George's County, Maryland for the 
     Livable Community Initiative in Brentwood, North Brentwood, 
     Edmonston and Cottage City, Maryland;
       218. $250,000 for Prince George's County, Maryland for the 
     Anacostia Trash Reduction Program and Removal of Floatable 
     Trash for the Cities of Brentwood and Edmonston, Maryland;
       219. $500,000 to the YMCA Camp Letts in Edgewater, Maryland 
     for water infrastructure improvements;
       220. $200,000 to the City of Boston, Massachusetts to 
     continue efforts to address deteriorating groundwater levels 
     in the Greater Boston area;
       221. $200,000 for the Towns of Braintree, Holbrook and 
     Randolph in Massachusetts for water and wastewater 
     infrastructure improvements;
       222. $950,000 to the Cities of Fall River and New Bedford, 
     Massachusetts for combined sewer overflow projects;
       223. $200,000 to the City of Lawrence, Massachusetts for 
     combined sewer overflow mitigation;
       224. $400,000 to the City of Leomister, Massachusetts for 
     the Rockwell Village revitalization initiative for water 
     infrastructure improvements;
       225. $250,000 for wastewater projects for communities in 
     Essex County, Massachusetts
       226. $500,000 to the Pioneer Valley Planning Commission in 
     West Springfield, Massachusetts for the Connecticut River 
     combined sewer overflow;
       227. $900,000 to Wayne County, Michigan for the Rouge River 
     National Wet Weather Demonstration Project;
       228. $500,000 to the City of Grand Rapids, Michigan for 
     combined sewer overflows;
       229. $250,000 to the Genesee County Drain Commission for 
     the Northeast Relief Sewer/Kearsley Creek Interceptor project 
     in Genesee County, Michigan;
       230. $350,000 to the City of Detroit, Michigan for the 
     Woodmere Sewage Pump Station Rehabilitation;
       231. $1,000,000 to the Oakland County Drain Commission for 
     Evergreen-Farmington Sanitary Sewer Overflow control project 
     in Farmington Hills, Michigan;
       232. $500,000 to the Oakland County Drain Commission for 
     Footing Drain/Sewer Lead Excess Flow Prevention demonstration 
     project in Waterford, Michigan;
       233. $200,000 for Oakland County, Michigan to identify and 
     eliminate sewage contributions from older urban areas in the 
     Clinton River;
       234. $200,000 to the City of Westland, Michigan for water 
     infrastructure improvements;
       235. $650,000 for Macomb County and St. Clair County, 
     Michigan to implement a comprehensive water quality 
     monitoring program;
       236. $300,000 to Brighton Township, Michigan for a 
     waterline construction;
       237. $300,000 for the Livingston County Drain Commission 
     for drain construction in Livingston County, Michigan;
       238. $250,000 to L'Anse Township, Michigan for water and 
     sewer infrastructure improvements;
       239. $250,000 to the City of Roseau, Minnesota for storm 
     water infrastructure improvements;
       240. $600,000 to the City of Minneapolis, Minnesota for the 
     combined sewer overflow;
       241. $200,000 to the Mississippi Band of Choctaw Indians 
     for an Academic Wetlands and Wetlands Mitigation Project in 
     Neshoba County, Mississippi;
       242. $300,000 for Lamar County, Mississippi for water and 
     sewer infrastructure improvements;
       243. $500,000 to the City of Belmont, Mississippi for 
     wastewater infrastructure improvements;
       244. $500,000 to the City of Pontotoc, Mississippi for 
     wastewater infrastructure improvements;
       245. $350,000 to the City of Joplin, Missouri for the 
     Crossroads Parallel Sewer Phase 4 upgrades;
       246. $200,000 to the City of St. Louis, Department of 
     Public Utilities for the Columbia Bottoms Wellfield 
     Development water project in St. Louis, Missouri;
       247. $250,000 to the Clarence Cannon Wholesale Water 
     Commission for water infrastructure improvements in Monroe 
     County, Missouri;

[[Page H10855]]

       248. $250,000 to the Duckett Creek Sanitary District in 
     Missouri for wastewater infrastructure improvements;
       249. $150,000 for the Rosodyn Corporation in Butte, Montana 
     for a waste recovery from municipal waste treatment plant;
       250. $300,000 to the City of Lincoln, Nebraska for water 
     and wastewater infrastructure improvements;
       251. $550,000 to the City of Omaha, Nebraska for the 
     Combined Sewerage Overflow Project;
       252. $400,000 to the City of Fallon, Nevada for wastewater 
     infrastructure improvements;
       253. $400,000 to the City of Henderson, Nevada for 
     wastewater infrastructure improvements;
       254. $150,000 to the City of Nashua, New Hampshire for 
     wastewater infrastructure improvements;
       255. $200,000 to the New Hampshire Department of 
     Environmental Services for sewer system expansion in 
     Franklin, New Hampshire;
       256. $200,000 to the City of Somerworth, New Hampshire for 
     wastewater infrastructure improvements;
       257. $1,000,000 to the Township of Parsippany, New Jersey 
     for water infrastructure improvements;
       258. $250,000 to the City of Wildwood, New Jersey for storm 
     sewer outflow reconstruction;
       259. $250,000 to the New Jersey Municipal Utilities 
     Authority for the Peninsula at Bayonne Harbor Water 
     Infrastructure Improvement Project in Bayonne, New Jersey;
       260. $400,000 for the Passaic Valley Sewerage Commission in 
     New Jersey for the Combined Sewage Overflow Program;
       261. $100,000 for the Bergen County Utilities Authority for 
     wastewater infrastructure improvements in Englewood, New 
     Jersey;
       262. $300,000 for the New Jersey Meadowlands Commission for 
     the Hackensack Meadowlands Ecosystem Restoration;
       263. $100,000 to the City of Lordsburg, New Mexico for 
     water infrastructure improvements;
       264. $100,000 to the City of Bayard, New Mexico for the Ft. 
     Bayard Effluent Reuse System;
       265. $150,000 to the City of Ruidoso Downs, New Mexico for 
     wastewater infrastructure improvements;
       266. $150,000 to the City of Elephant Butte, New Mexico for 
     wastewater infrastructure improvements;
       267. $150,000 to the City of Los Lunas, New Mexico to build 
     a sewer interceptor line;
       268. $150,000 to the City of Espanola, New Mexico for 
     wastewater infrastructure improvements;
       269. $200,000 to the City of Tijeras, New Mexico for water 
     infrastructure improvements;
       270. $200,000 for Bernalillo County, New Mexico for the 
     South and North water and wastewater infrastructure 
     improvements;
       271. $200,000 to the City of Brookhaven, New York for storm 
     water infrastructure improvements;
       272. $100,000 to the Chenango County Agricultural Society 
     of Chenango County, New York for upgrades to the water and 
     septic systems at the Chenango County Fair Grounds and for a 
     study;
       273. $125,000 to the Town of Schulyer, New York for water 
     system improvements;
       274. $200,000 to the Village of Bridgewater, New York for 
     water infrastructure improvements;
       275. $200,000 to the Towns of Springport and Fleming, New 
     York for water and wastewater infrastructure improvements;
       276. $300,000 to Rockland County, New York for the Western 
     Ramapo sewer extension and water reuse project;
       277. $250,000 to the Village of Deposit, New York for 
     wastewater infrastructure improvements;
       278. $250,000 to the Town of Blooming Grove, New York for 
     wastewater infrastructure improvements;
       279. $300,000 to the Village of Sea Cliff, New York for the 
     Sanitary Sewer System Infrastructure Development and 
     Management project;
       280. $110,000 for the Village of Mamaroneck, New York for 
     sewer system improvements;
       281. $150,000 to the Town of New Castle, New York for the 
     Phase II Storm Water Compliance Program;
       282. $250,000 to the City of Oswego, New York for sewer 
     overflow system improvements;
       283. $275,000 for the Warnerville Water District in 
     Warnerville, New York for a water and sewer project;
       284. $250,000 to the Town of Cheektowaga, New York for the 
     Plant No. 3 overflow retention facility;
       285. $650,000 to the Erie Water Authority for water 
     infrastructure improvements for the Town of Newstead and 
     Village of Williamsville, New York;
       286. $200,000 to the Town/Village of East Rochester, New 
     York for sewer infrastructure improvements;
       287. $1,000,000 for Dutchess County Water and Wastewater 
     Authority in Hyde Park, New York for wastewater 
     infrastructure improvements;
       288. $12,000,000 for continued clean water improvements for 
     Onondaga Lake, New York;
       289. $4,000,000 to Monroe County Water Authority in New 
     York State for the Eastside Water Treatment Project;
       290. $900,000 to Wayne County, New York for construction of 
     a waterline along North Geneva Road;
       291. $600,000 to the Wayne County Water and Sewer Authority 
     for water infrastructure improvements in the Town of Huron, 
     New York;
       292. $4,000,000 for drinking water infrastructure needs in 
     the New York City Watershed;
       293. $4,000,000 for water quality infrastructure 
     improvements for Long Island Sound, New York;
       294. $1,000,000 for water quality infrastructure 
     improvements for the Jamesville, New York sewer project;
       295. $350,000 to the Town of Elbridge, New York for the 
     construction of a waterline;
       296. $500,000 to the County of Onondaga, Department of 
     Community Development in New York for water and wastewater 
     infrastructure improvements;
       297. $500,000 to Cayuga County in Victory, New York for 
     water infrastructure improvements;
       298. $250,000 to the Town of Landis, North Carolina for 
     water and wastewater infrastructure improvements;
       299. $200,000 to Harnett County, North Carolina to install 
     pump stations and a forcemain as part of a central wastewater 
     treatment rehabilitation project;
       300. $200,000 to the Towns of Biscoe, Star, and Troy, North 
     Carolina for the Montgomery County, North Carolina Sewer 
     Project;
       301. $200,000 to the Towns of Hamlet-Rockingham, North 
     Carolina for wastewater infrastructure improvements;
       302. $200,000 to the Town of Farmville, North Carolina for 
     wastewater infrastructure improvements;
       303. $150,000 to the Cities of East Arcadia, Bolton and 
     Sandyfield, North Carolina for a regional water system;
       304. $200,000 to the Town of Wendell, North Carolina for 
     the Buffalo Creek Interceptor project;
       305. $250,000 to the City of Charlotte, North Carolina for 
     the wastewater plant expansion;
       306. $200,000 to the Town of Apex, North Carolina for 
     wastewater infrastructure improvements;
       307. $1,500,000 to Wake County, North Carolina for water 
     infrastructure improvements in cooperation with the Town of 
     Cary, North Carolina and Durham County, North Carolina;
       308. $500,000 to Orange County, North Carolina for water 
     and wastewater infrastructure improvements;
       309. $650,000 to the Orange Water and Sewer Authority 
     (OWASA) in North Carolina for a water reuse project;
       310. $200,000 to the Town of Hillsborough, North Carolina 
     for water and wastewater infrastructure improvements;
       311. $880,000 for the Eastern Band of Cherokee Indians for 
     water infrastructure improvements in Cherokee, North 
     Carolina;
       312. $1,000,000 for McDowell County, North Carolina for 
     water infrastructure improvements;
       313. $100,000 to the Town of East Spencer, North Carolina 
     for water and sewer rehabilitation project;
       314. $150,000 to the City of Devils Lake, North Dakota for 
     the Devils Lake water line;
       315. $150,000 to the City of Lorain, Ohio for wastewater 
     infrastructure improvements;
       316. $150,000 to Butler County, Ohio for the Butler County 
     Waterline;
       317. $300,000 to the Village of North Baltimore, Ohio for 
     the Water Street Combined Sewer Separation Project;
       318. $300,000 to the Village of Hicksville, Ohio for the 
     Hicksville Wastewater Treatment Plant Project;
       319. $300,000 to the City of Defiance, Ohio for the Sewer 
     Separation Project;
       320. $750,000 to the City of Circleville, Ohio for sewer 
     infrastructure improvements;
       321. $1,000,000 to the Burr Oak Regional Water District for 
     water infrastructure improvements in Perry County, Ohio;
       322. $550,000 to Greene County, Ohio for water and 
     wastewater infrastructure improvements;
       323. $50,000 to the Logan Elm School District for water 
     infrastructure improvements in Circleville, Ohio;
       324. $220,000 to the Lancaster Campus of Ohio University 
     for water infrastructure improvements in Lancaster, Ohio;
       325. $155,000 to Fairfield County, Ohio for water and 
     wastewater infrastructure improvements;
       326. $350,000 to the Northeast Ohio Regional Sewer District 
     for the Easterly/Doan Brook Watershed Pollution Abatement 
     Project;
       327. $1,000,000 to the City of Toledo, Ohio for wet weather 
     flow and wastewater infrastructure improvements;
       328. $1,000,000 to Ottawa County, Ohio for water 
     infrastructure improvements;
       329. $1,000,000 to the City of Sandusky, Ohio for 
     wastewater infrastructure improvements;
       330. $350,000 to Ashtabula County, Ohio for the Rock Creek 
     Village Waterline Extension;
       331. $50,000 to Jackson County, Ohio for water 
     infrastructure improvements;
       332. $550,000 to Guernsey County, Ohio for a water line 
     extension;
       333. $500,000 for the St. Mary's Municipal Government for 
     wastewater infrastructure improvements in St. Mary's, Ohio;
       334. $625,000 for Urbana University in Urbana, Ohio for 
     storm drainage and water and sewer line construction;
       335. $500,000 for the Delphos Municipal Government for the 
     Tri-County regional water system in Delphos, Ohio;
       336. $550,000 to the Metropolitan Sewer District of Greater 
     Cincinnati for the sanitary sewer overflow demonstration 
     project in Cincinnati, Ohio;

[[Page H10856]]

       337. $500,000 to the City of Wooster, Ohio for storm water 
     infrastructure improvements along Beall Ave;
       338. $500,000 to the Village of Hayesville, Ohio for water 
     and wastewater infrastructure improvements;
       339. $500,000 to the City of Canton, Ohio for water 
     infrastructure improvements;
       340. $150,000 for the Trumbull County Sanitary Engineer for 
     installation of the Maplewood Park sewer system in Hubbard 
     Township, Ohio;
       341. $250,000 for Columbiana County, Ohio for water 
     infrastructure improvements to the Buckeye Water District;
       342. $100,000 to the City of Marlow, Oklahoma for water and 
     wastewater infrastructure improvements;
       343. $200,000 to the City of Sulpher, Oklahoma for 
     wastewater infrastructure improvements;
       344. $1,000,000 to the City of Seminole, Oklahoma for water 
     infrastructure improvements;
       345. $80,000 to the City of Meeker, Oklahoma to refurbish 
     the water tower;
       346. $100,000 to Skiatook, Oklahoma for water and sewer 
     infrastructure improvements;
       347. $150,000 to the City of Portland, Oregon for water and 
     wastewater infrastructure improvements;
       348. $150,000 to the City of Sweet Home, Oregon for 
     wastewater infrastructure improvements;
       349. $150,000 to the City of Salem, Oregon for the Peak 
     Excess Flow Treatment Facility for Sanitary Sewer Overflows;
       350. $200,000 to the City of Klamath Falls, Oregon for 
     wastewater infrastructure improvements;
       351. $150,000 to the City of Rainier, Oregon for wastewater 
     infrastructure improvements;
       352. $1,000,000 to Allegheny County, Pennsylvania for the 3 
     Rivers Wet Weather Demonstration Project;
       353. $100,000 to the City of Sharon, Pennsylvania for the 
     Budd Street sewer line replacement;
       354. $500,000 to the City of Philadelphia to continue the 
     planning, design, and construction of innovative storm-water 
     management solutions in Philadelphia, Pennsylvania;
       355. $500,000 to Cheltenham Township, Pennsylvania to 
     continue the planning, design, and construction of innovative 
     storm-water management solutions;
       356. $250,000 to Beaver Falls Municipal Authority for 
     wastewater infrastructure improvements to the Big Beaver 
     Treatment Facility in Big Beaver, Pennsylvania;
       357. $250,000 to the City of Harrisburg, Pennsylvania for 
     the Harrisburg Advanced Wastewater Treatment Facility;
       358. $350,000 to the Wyoming Valley Sanitary Authority in 
     Wyoming Valley, Pennsylvania for the Wyoming Valley Combined 
     Sewer Overflow Project;
       359. $200,000 to Ligonier Township, Pennsylvania for the 
     Ligonier Township sewage project;
       360. $250,000 for the South Hills Area Council of 
     Governments for the South Hills Area Storm Sewer Project in 
     Allegheny County, Pennsylvania;
       361. $250,000 for the Clarion Area Authority for the Fifth 
     Avenue sewer line replacement project in Clarion, 
     Pennsylvania;
       362. $500,000 to the Nelson Township Authority for water 
     infrastructure improvements in Nelson, Pennsylvania;
       363. $250,000 to the City of Lancaster, Pennsylvania for 
     the water treatment membrane project;
       364. $200,000 for York City Sewer Authority for the Clean 
     Water Demonstration Project in York, Pennsylvania;
       365. $500,000 for the Kulpmont-Marion Heights Joint 
     Municipal Authority in Kulpmont, Pennsylvania for sewer 
     infrastructure improvements;
       366. $4,000,000 for a grant to Puerto Rico for drinking 
     water infrastructure improvements to the Metropolitano 
     community water system in San Juan;
       367. $200,000 to the Town of North Smithfield, Rhode Island 
     for water and wastewater infrastructure improvements;
       368. $200,000 to the City of Newport, Rhode Island for 
     water and wastewater infrastructure improvements;
       369. $200,000 to the Narragansett Bay Commission in 
     Providence, Rhode Island for combined sewer overflow control 
     and wastewater improvement project;
       370. $250,000 to the City of Lake Greenwood, South Carolina 
     for water and wastewater infrastructure improvements;
       371. $150,000 to Mount Pleasant Waterworks for the Mount 
     Pleasant Waterworks Rural Roads Gravity Wastewater Extension 
     Project in Mount Pleasant, South Carolina;
       372. $500,000 to the Myrtle Beach Downtown Redevelopment 
     Corporation for a new storm water drainage system in Myrtle 
     Beach, South Carolina;
       373. $750,000 to the Towns of Olar and Govan, South 
     Carolina for water infrastructure improvements;
       374. $300,000 to the City of Wellford, South Carolina for 
     sewer/wastewater infrastructure improvements;
       375. $400,000 for the Chester County Sewer District for 
     wastewater infrastructure improvements in Lando, South 
     Carolina;
       376. $200,000 to the Town of Ridgeland, South Carolina for 
     the Wagon Branch Water Project;
       377. $125,000 to the City of Franklin, Tennessee for water 
     system improvements to the Watson Branch Watershed;
       378. $150,000 to the City of Pikeville, Tennessee for the 
     Pikeville/Bledsoe County Water Improvements Project;
       379. $125,000 to the Hampton Utility District in Little 
     Milligan/Fish Springs Community, Carter County, Tennessee for 
     water infrastructure improvements;
       380. $125,000 to the City of Tusculum, Tennessee for first 
     construction phase of a wastewater treatment plant;
       381. $50,000 to the City of Bean Station, Tennessee for 
     wastewater infrastructure improvements;
       382. $100,000 for Roane County, Tennessee for water 
     infrastructure improvements;
       383. $200,000 to the Spring City, Tennessee for water and 
     sewer line replacement;
       384. $250,000 for Anderson County, Tennessee for water 
     infrastructure improvements;
       385. $400,000 to the City of Dayton, Tennessee for 
     flocculation and settling basins;
       386. $150,000 for the City of Houston, Texas for water 
     infrastructure improvements;
       387. $250,000 to the City of Liberty Hill, Texas for the 
     Liberty Hill Central City Sewer System Project;
       388. $75,000 to the Brazos River Authority for the Brazos/
     Navasota Watershed Management Project in Fort Bend County, 
     Texas;
       389. $100,000 for the Brazos River Authority for the West 
     Fort Bend County Regional Water Treatment Facility in Fort 
     Bend County, Texas;
       390. $500,000 for the Fort Bend County, Texas for water 
     infrastructure improvements;
       391. $350,000 to Bosque County, Texas for water 
     infrastructure improvements;
       392. $250,000 to the City of Weatherford, Texas for water 
     infrastructure improvements;
       393. $250,000 to the City of Pharr, Texas for wastewater 
     infrastructure improvements;
       394. $150,000 to the City of Alvin, Texas for water 
     infrastructure improvements;
       395. $250,000 for the El Paso Water Utilities for water 
     infrastructure expansion in El Paso, Texas;
       396. $150,000 to the San Antonio Water System for the 
     Espada Road Sewer Project in San Antonio, Texas;
       397. $500,000 to the City of Austin, Texas for the non-
     structural sanitary sewer overflow prevention project;
       398. $150,000 to Logan City, Utah for water and wastewater 
     infrastructure improvements for Phase I and II of the 
     Northwest Park Project;
       399. $250,000 to Smyth County, Virginia for wastewater 
     infrastructure improvements;
       400. $300,000 to Hanover County, Virginia for wastewater 
     infrastructure improvements;
       401. $150,000 to Fauquier County, Virginia for a sewage 
     treatment plant in the Catlett/Calverton area;
       402. $750,000 to Dale Service Corporation in Dale City, 
     Virginia for wastewater infrastructure improvements;
       403. $100,000 to the Isle of Wight County, Virginia for 
     water infrastructure improvements;
       404. $500,000 to the Town of Halifax, Virginia for water 
     infrastructure improvements;
       405. $1,000,000 to Franklin County, Virginia for water 
     infrastructure improvements;
       406. $500,000 to Fluvanna County, Virginia for water 
     infrastructure improvements;
       407. $1,000,000 to the Town of Brookneal, Virginia for 
     water infrastructure improvements;
       408. $218,000 to Nelson County, Virginia for water and 
     wastewater infrastructure improvements;
       409. $682,000 to Pittsylvania County, Virginia for water 
     infrastructure improvements;
       410. $200,000 to the Eastern Shore of Virginia Public 
     Service Authority in Northhampton County, Virginia for 
     wastewater infrastructure improvements;
       411. $250,000 to the Government of the Virgin Islands for 
     wastewater infrastructure system improvements in St. Croix, 
     Virgin Islands;
       412. $1,000,000 to the City of Alexandria, Virginia and 
     Arlington County for water infrastructure improvements in the 
     Four Mile Run watershed;
       413. $150,000 to the City of Chehalis, Washington for water 
     infrastructure improvements;
       414. $1,000,000 to the City of Tacoma, Washington for an 
     integrated storm water system for Salishan housing 
     development;
       415. $200,000 to the City of Carson, Washington for water 
     infrastructure improvements;
       416. $200,000 to the City of Oak Harbor, Washington for 
     water infrastructure improvements;
       417. $150,000 to the Town of Uniontown, Washington for 
     wastewater infrastructure improvements;
       418. $250,000 to the Town of Ione, Washington for water 
     infrastructure improvements;
       419. $150,000 to the City of Lakewood, Washington for the 
     American Lake Gardens Industrial Sewer Extension;
       420. $150,000 to the City of Sun Prairie, Wisconsin for 
     wastewater infrastructure improvements;
       421. $1,850,000 to the City of Antigo, Wisconsin for water 
     and wastewater infrastructure improvements;
       422. $862,000 to the City of Vesper, Wisconsin for water 
     and wastewater infrastructure improvements;
       423. $1,500,000 to the City of Boyd, Wisconsin for water 
     and wastewater infrastructure improvements;

[[Page H10857]]

       424. $100,000 to the Town of Scott, Wisconsin for 
     wastewater infrastructure improvements;
       425. $200,000 to the City of Racine, Wisconsin for water 
     infrastructure improvements;
       426. $500,000 to the City of Waukesha, Wisconsin for 
     systems planning and water infrastructure improvements;
       427. $200,000 to the Kanawha County Commission in Kanawha 
     County, West Virginia for the Upper Fishers Branch/Guthrie 
     Water Project;
       428. $200,000 to the Braxton County Development Authority 
     for the Curry Ridge Water Line Extension in Curry Ridge, West 
     Virginia;
       429. $1,000,000 to the Marshall County Public Service 
     District #4 in West Virginia for water and wastewater 
     infrastructure improvements;
       430. $100,000 to the Jane Lew Public Service District in 
     Harrison County, West Virginia for water and wastewater 
     infrastructure improvements;
       431. $1,500,000 to the Pleasants County Public Service 
     District in West Virginia for water and wastewater 
     infrastructure improvements;
       432. $480,000 to the Grant County Commission in West 
     Virginia to extend water service to the Deep Spring area;
       433. $900,000 to the City of Shinnston in West Virginia for 
     water and wastewater infrastructure improvements;
       434. $750,000 to the Town of Pine Grove in West Virginia 
     for water and wastewater infrastructure improvements;
       435. $1,000,000 to City of Fairmont Sanitary Sewer Board in 
     West Virginia for water and wastewater infrastructure 
     improvements;
       436. $2,374,000 to the City of Petersburg in West Virginia 
     for water and wastewater infrastructure improvements;
       437. $101,000 to the River Road Public Service District in 
     West Virginia to extend water service on National Church 
     Hollow Road;
       438. $935,000 to the Taylor County Public Service District 
     in West Virginia for water and wastewater infrastructure 
     improvements;
       439. $833,000 to the Taylor County Commission in West 
     Virginia for water and wastewater infrastructure 
     improvements;
       440. $1,000,000 to the City of Cameron in West Virginia for 
     water and wastewater infrastructure improvements;
       441. $55,000 to the Hammond Public Service District in West 
     Virginia for the Lazear's Lane water project;
       442. $1,840,000 to the Canaan Valley Institute to work in 
     conjunction with the Highlands Action Program for an 
     innovative wastewater demonstration program in Canaan Valley 
     in Tucker County, West Virginia;
       443. $350,000 to the City of Cheyenne, Wyoming for 
     wastewater infrastructure improvements;
       444. $800,000 to the Coosa Valley Water Supply District for 
     development of a surface water supply in St. Clair County, 
     Alabama;
       445. $750,000 to the Utilities Board of the City of Helena 
     for water and sewer upgrades and construction in Helena, 
     Alabama;
       446. $600,000 to the Cleburne County Commission in Heflin, 
     Alabama for county water expansion in Cleburne, County, 
     Alabama;
       447. $600,000 to the Randolph County Commission in Wedowee, 
     Alabama for county water expansion in Randolph County, 
     Alabama;
       448. $450,000 to the Blount County Water Authority in 
     Oneonta, Alabama for development of a county water supply 
     line;
       449. $750,000 to the City of Fort Payne for water and sewer 
     improvements in Fort Payne, Alabama;
       450. $250,000 to the West Morgan/East Lawrence Water and 
     Sewer Authority in Decatur, Alabama for water and sewer 
     improvements;
       451. $300,000 to the Lamar County Commission in Vernon, 
     Alabama for the Lamar County Water Supply Project;
       452. $1,000,000 to Girdwood, Inc. for water and sewer 
     expansion in Girdwood, Alaska;
       453. $1,300,000 to the Municipality of Anchorage, Alaska 
     for Sand Lake Water Extension;
       454. $300,000 for Matanuska-Susitna Borough, Alaska for 
     water wells for Gorsuch Lake;
       455. $1,100,000 for the City of Wasilla, Alaska for sewer 
     expansion;
       456. $750,000 for the City of Valdez, Alaska to replace 
     septic systems with sewers and wells with city water;
       457. $400,000 for the City of Ketchikan, Alaska for 
     Mountain Point Sewer System;
       458. $250,000 for the City of Skagway, Alaska for water 
     system upgrades;
       459. $425,000 for the City of Wrangell, Alaska for water 
     and sewer upgrades;
       460. $800,000 for the City of Nome, Alaska for water and 
     sewer upgrades for Old Federal Building;
       461. $600,000 for the City of Seldovia, Alaska for water 
     and sewer upgrades;
       462. $600,000 for the Fort Chafee Redevelopment Authority 
     in Barling/Fort Smith, Arkansas for water infrastructure 
     improvements;
       463. $250,000 for City of Fayetteville, Arkansas for 
     wastewater infrastructure improvements;
       464. $300,000 for the Santa Clara Valley Water District, 
     California for perchlorate groundwater clean-up;
       465. $300,000 for the Inland Empire Perchlorate Task Force 
     in California for the Wellhead Treatment of Perchlorate 
     Contaminated Wells;
       466. $400,000 for the City of Santa Ana, California for 
     East and West Reservoir Upgrades;
       467. $500,000 for the City of San Jose, California for 
     North San Pedro water and sewer infrastructure improvements;
       468. $500,000 for the City of Eureka, California for the 
     Martin Slough Interceptor Project;
       469. $200,000 for the Metropolitan Water District of 
     Southern California for the City of Ontario Final Design for 
     Wellhead Treatment for Perchlorate and Nitrate;
       470. $400,000 for the City of Laguna Beach, California for 
     wastewater infrastructure improvements;
       471. $300,000 for the City of Trinidad, Colorado for the 
     Trinidad Wastewater Improvement Project;
       472. $250,000 for the Town of Bayfield, Colorado for the 
     construction of a water storage tank;
       473. $250,000 for the Mancos Water Conservancy District, 
     Mancos, Colorado for water supply facility renovation;
       474. $250,000 for the Town of Idaho Springs, Colorado for 
     water distribution facility renovation;
       475. $250,000 for the Town of Eldorado Springs, Colorado 
     for improving wastewater treatment;
       476. $950,000 for Ouray, Colorado for water infrastructure 
     improvements;
       477. $250,000 for Jefferson County, Colorado for stormwater 
     collection system improvements;
       478. $300,000 for the City of Bristol, Connecticut for 
     water infrastructure improvements;
       479. $300,000 for the Town of East Hampton, Connecticut for 
     drinking water infrastructure improvements;
       480. $250,000 for Stamford, Connecticut for a waste-to-
     energy project;
       481. $250,000 for the City of Wilmington, Delaware for 
     wastewater infrastructure improvements;
       482. $250,000 for the Town of Ocean View, Delaware for 
     wastewater infrastructure improvements;
       483. $300,000 for Key West, Florida for stormwater 
     infrastructure improvements;
       484. $300,000 for the South Florida Water Management 
     District Lake Region Water Treatment Plant for water 
     infrastructure improvements;
       485. $250,000 for the Southwest Florida Water Management 
     District in Tampa, Florida for the Tampa Bay Regional 
     Reclaimed Water project;
       486. $250,000 to City of Atlanta, Georgia for the west area 
     combined sewer project;
       487. $250,000 to City of Eatonton, Georgia for wastewater 
     infrastructure improvements;
       488. $250,000 to City of Forsyth, Georgia for wastewater 
     infrastructure improvements;
       489. $250,000 for the State of Hawaii for upgrade and 
     expansion of the Sand Island Wastewater Treatment Plant;
       490. $1,000,000 for wastewater infrastructure improvements 
     in Hawaii, to be distributed: $500,000 to the County of 
     Hawaii and $500,000 to the Housing and Community Development 
     Corporation of Hawaii;
       491. $2,000,000 for the City of Burley, Idaho, to continue 
     work on a Wastewater Treatment System Project;
       492. $1,000,000 for the City of Pocatello, Idaho, for Day 
     Street Division Water System Improvements;
       493. $500,000 for the City of Effingham, Illinois for 
     drinking water infrastructure improvements;
       494. $500,000 for the City of Monmouth, Illinois for 
     wastewater infrastructure improvements;
       495. $500,000 for the Village of Olympia Fields, Illinois 
     for wastewater infrastructure improvements;
       496. $500,000 for the Village of Franklin Park, Illinois 
     for water and wastewater infrastructure improvements;
       497. $1,000,000 for the City of Marion, Indiana for the 
     Marion Water Loop and Deer Creek Project;
       498. $100,000 for the City of Southport, Southport/Marion 
     County, Indiana for downtown infrastructure and drainage 
     improvements;
       499. $500,000 for the City of Fort Madison, Iowa for the 
     Water Treatment Plant Improvements;
       500. $500,000 for the City of West Burlington for the Iowa 
     Army Ammunition Plant Improvements;
       501. $1,500,000 for the City of Ottumwa, Iowa for the 
     separation of combined sewers;
       502. $500,000 for the City of Davenport, Iowa for water 
     infrastructure improvements;
       503. $1,000,000 for the City of Abilene, Kansas for 
     construction of a wastewater treatment plant;
       504. $1,500,000 for the City of Hutchinson, Kansas for 
     groundwater remediation and treatment projects;
       505. $2,000,000 for the City of Bowling Green, Kentucky, 
     for the South Central Kentucky Water Infrastructure Project;
       506. $750,000 for the Hardin County Water District No. 2 in 
     Hardin County, Kentucky for a Water Quality Assurance Plan 
     and System Improvements Projects;
       507. $500,000 for the City of Elkton, Kentucky, for the 
     City of Elkton Sewer Plant Expansion and Sewer Line Extension 
     Project;
       508. $250,000 for Breckinridge County, Kentucky for water 
     infrastructure improvements;
       509. $250,000 for Bullitt County, Kentucky for wastewater 
     infrastructure improvements;

[[Page H10858]]

       510. $250,000 for Calloway County, Kentucky for the City of 
     Hazel Wastewater System;
       511. $250,000 for Cadiz-Trigg County, Kentucky for water 
     infrastructure improvements;
       512. $250,000 for Marshall County, Kentucky for drinking 
     water infrastructure improvements;
       513. $600,000 for Rapides Parish, Louisiana for wastewater 
     infrastructure improvements;
       514. $400,000 for St. Charles Parish, Louisiana for 
     wastewater infrastructure improvements;
       515. $400,000 for Jefferson Parish, Louisiana for water and 
     wastewater infrastructure improvements;
       516. $400,000 for the City of Bastrop, Louisiana for 
     wastewater infrastructure improvements;
       517. $400,000 for the City of Hammond, Louisiana for 
     wastewater infrastructure improvements;
       518. $400,000 for the City of Grand Isle, Louisiana for 
     drinking water infrastructure improvements;
       519. $450,000 for the Greater Limestone Wastewater 
     Treatment Facilities in Maine to consolidate and replace 
     antiquated wastewater collection and treatment facilities at 
     the Loring Development Authority [LDA] and Caribou Utilities 
     District [CUD];
       520. $250,000 for the Indian Township Tribal Government in 
     Maine for the first phase for expansion of current lagoon 
     system to provide adequate capacity;
       521. $300,000 for the Town of Machias, Maine for 
     replacement of sewers and completion of deficiencies at 
     existing aging wastewater treatment plant;
       522. $250,000 for Chesapeake Beach, Maryland, for 
     wastewater infrastructure improvements;
       523. $250,000 for Indian Head, Maryland, for wastewater 
     infrastructure improvements;
       524. $500,000 for Elkton, Maryland, for wastewater 
     infrastructure improvements;
       525. $250,000 for Hurlock, Maryland, for wastewater 
     infrastructure improvements;
       526. $750,000 for Kent Island, Maryland, for wastewater 
     infrastructure improvements;
       527. $250,000 for Easton, Maryland, for wastewater 
     infrastructure improvements;
       528. $750,000 for Cumberland, Maryland, for wastewater 
     infrastructure improvements;
       529. $500,000 for Frostburg, Maryland, for wastewater 
     infrastructure improvements;
       530. $250,000 for Brunswick, Maryland, for wastewater 
     infrastructure improvements;
       531. $250,000 for Bristol County, Massachusetts for the 
     Bristol County Combined Sewer Overflow Abatement Project;
       532. $250,000 for the Pioneer Valley Planning Commission in 
     Massachusetts for combined sewer overflow abatement in the 
     Connecticut River;
       533. $1,000,000 for the City of Benton Harbor, Michigan for 
     water infrastructure improvements;
       534. $500,000 for Seney Township, Michigan for sewer 
     infrastructure improvements;
       535. $500,000 for the City of Saginaw, Michigan for sewer 
     infrastructure improvements;
       536. $1,000,000 for the Macomb County Department of Public 
     Works, Michigan for sewer infrastructure improvements;
       537. $150,000 to Minnesota State University in Moorhead for 
     water infrastructure improvements;
       538. $300,000 to the City of Duluth, Minnesota for 
     wastewater infrastructure improvements;
       539. $300,000 to the City of Minneapolis, Minnesota for 
     combined sewer overflow improvements;
       540. $250,000 for the City of Duluth and Western Lake 
     Superior Sanitary District in Duluth, Minnesota for 
     wastewater infrastructure improvements;
       541. $500,000 for Tchula, Mississippi for water and sewer 
     infrastructure improvements;
       542. $500,000 for the City of Brookhaven, Mississippi for 
     wastewater infrastructure improvements;
       543. $500,000 to the City of Sherman, Mississippi for water 
     and sewer infrastructure improvements;
       544. $1,300,000 to the City of Oxford, Mississippi for 
     water and sewer infrastructure improvements;
       545. $750,000 to City of Forest, Mississippi for water and 
     sewer infrastructure improvements;
       546. $250,000 to the Town of French Camp, Mississippi for 
     water and sewer infrastructure improvements;
       547. $1,500,000 to Kansas City, Missouri for water and 
     wastewater infrastructure;
       548. $687,500 to the City of Joplin, Missouri for the final 
     phase of the Crossroads Parallel Sewer project;
       549. $1,312,500 to the City of Milan, Missouri for the 
     Milan Water Quality Treatment Project;
       550. $1,000,000 to the Clarence Cannon Wholesale Water 
     Commission to expand the existing water treatment capacity 
     from 5 million gallons to 7.5 million gallons per day and to 
     include connecting the Macon County PWSD #1 and the City of 
     Wellsville, Missouri to the CCWWC transmission system;
       551. $1,000,000 to the Environmental Resources Coalition in 
     Missouri to mitigate point source pollution issues in 
     distressed communities that border Table Rock Lake;
       552. $1,000,000 to the City of Springfield, Missouri for 
     wastewater treatment plant improvements including the design 
     and construction of infrastructure for removal of nitrogen 
     from the treated wastewater effluent and improved anaerobic 
     digester facilities that treat solids from the wastewater;
       553. $1,000,000 for the City of Bozeman, Montana, for water 
     infrastructure improvements;
       554. $1,000,000 for the Missouri River Water Project, 
     Helena, Montana for a water treatment project;
       555. $500,000 for the City of Glasgow, Montana for water 
     infrastructure improvements;
       556. $750,000 for the Seeley Lake Sewer District, Montana 
     for wastewater infrastructure improvements;
       557. $900,000 for the City of Omaha, Nebraska for the 
     construction of combined sewer separation systems;
       558. $350,000 for the City of Lincoln, Nebraska to upgrade 
     the Theresa Street and Northeast Wastewater Treatment plants;
       559. $400,000 for Las Vegas Valley Water District/
     Searchlight, Nevada for water infrastructure improvements;
       560. $400,000 for Clark County Reclamation District/
     Searchlight, Nevada for wastewater infrastructure 
     improvements;
       561. $250,000 for the City of Reno, Nevada for sewer 
     infrastructure improvements;
       562. $300,000 for the Spanish Springs Nitrate Removal 
     Project in Nevada;
       563. $200,000 for the North Valley Lemmon Artificial 
     Recharge Project in North Lemmon Valley, Nevada for water 
     infrastructure improvements;
       564. $250,000 for the Virgin Valley Water District, Nevada 
     for water infrastructure improvements;
       565. $200,000 for Carson City, Nevada for reservoir lining;
       566. $600,000 for the Berlin Waterworks in Berlin, New 
     Hampshire for drinking water distribution system 
     improvements;
       567. $400,000 for the Nashua Combined Sewer Overflow 
     project in Nashua, New Hampshire for CSO treatment and 
     abatement;
       568. $400,000 for the New Hampshire Department of 
     Environmental Services to develop a septage treatment 
     facility based at the wastewater treatment facility in 
     Franklin, New Hampshire;
       569. $200,000 for Troy, New Hampshire for a wastewater and 
     water improvement program;
       570. $400,000 for the Manchester Combined Sewer Overflow 
     project in Manchester, New Hampshire;
       571. $200,000 for the Rochester, New Hampshire Route 108 
     sewer line extension;
       572. $150,000 for Somersworth, New Hampshire for the 
     sewerage improvement program to provide upgrades to the 
     wastewater treatment plant;
       573. $200,000 for Bristol, New Hampshire for wastewater 
     system improvements;
       574. $150,000 for Milton, New Hampshire for a water storage 
     tank replacement project;
       575. $600,000 for Town of Exeter, New Hampshire for water 
     treatment plant replacement;
       576. $500,000 for the Township of Parsippany-Troy Hills in 
     New Jersey for water infrastructure improvements;
       577. $1,250,000 for the City of Bayonne, New Jersey for 
     water and wastewater infrastructure improvements;
       578. $1,600,000 for the City of Albuquerque and County of 
     Bernalillo, New Mexico, for the Valley Utilities Project;
       579. $1,000,000 for the City of Espanola, New Mexico, for 
     water and wastewater treatment infrastructure;
       580. $900,000 for the City of Kirtland, New Mexico, for 
     Phase 1 of a sewer system project;
       581. $500,000 for the Village of Los Lunas, New Mexico, for 
     the interceptor sewer line project;
       582. $250,000 for the City of Clovis, New Mexico for 
     wastewater infrastructure improvements;
       583. $400,000 for the Town of Babylon, New York for the Oak 
     Beach Park Stormwater Management Project;
       584. $300,000 for Orange County Water Authority, Goshen, 
     New York for wastewater infrastructure improvements;
       585. $300,000 for the Town of Plattsburg, New York for 
     wastewater infrastructure improvements;
       586. $500,000 for Washington County, North Carolina sewer 
     improvements;
       587. $600,000 for the City of Mooresville, North Carolina 
     for water infrastructure improvements;
       588. $1,000,000 for the City of Grafton, North Dakota for 
     the Grafton Water Treatment Plant;
       589. $500,000 for the City of Devils Lake, North Dakota for 
     water infrastructure improvements;
       590. $250,000 for the City of Riverdale, North Dakota for 
     the Riverdale Regional Water Treatment Facility;
       591. $250,000 for Dickey Rural Water Users Association in 
     Southeast, North Dakota for the Southeast Regional Expansion 
     Project;
       592. $250,000 for the City of Mandan, North Dakota for 
     drinking water infrastructure improvements;
       593. $300,000 for the Muskingum Watershed Conservancy 
     District, Carroll County, Ohio for the Atwood Conference 
     Center Water Treatment Plant Improvements;
       594. $500,000 for the Village of Racine, Meigs County, Ohio 
     for water treatment plant improvements;
       595. $750,000 for the City of Celina, Ohio for the Water 
     Treatment Plant Project;
       596. $400,000 for City of Akron, Ohio for Combined Sewer 
     Overflow Improvements Project;

[[Page H10859]]

       597. $300,000 for City of Parma, Ohio for City Sewer 
     Replacement Project;
       598. $200,000 for Defiance County Commissioners, Defiance 
     and Paulding Counties, Ohio for Auglaize River Sewer Project;
       599. $175,000 for Jefferson County Water and Sewer 
     District, Jefferson County, Ohio for Crestview/Belvedere 
     Sewer Project;
       600. $175,000 for Tri-County Rural Water and Sewer 
     District, Washington, Morgan and Noble Counties, Ohio for 
     Tri-County/Noble County Water Interconnect Project;
       601. $100,000 for City of Delphos, Allen, Putnam and Van 
     Wert Counties, Ohio for Tri-County Regional Water System 
     Project;
       602. $100,000 for Village of Corning, Ohio for Wastewater 
     System Improvements Project;
       603. $250,000 for City of Warrenton, Oregon for continued 
     work on the municipal water outfall;
       604. $250,000 for City of Rainier, Oregon for a wastewater 
     treatment plant;
       605. $250,000 for City of Coquille, Oregon for a wastewater 
     treatment plant;
       606. $250,000 for Klamath Falls, Oregon for preliminary 
     work on wastewater treatment improvements;
       607. $300,000 for the City of Coburg, Oregon for wastewater 
     infrastructure improvements;
       608. $300,000 for the City of Rainier, Oregon for 
     wastewater infrastructure improvements;
       609. $200,000 for the Municipality of Penn Hills, 
     Pennsylvania, for the Madison Avenue Storm Sewer Project;
       610. $200,000 for the Nesquehoning Borough Authority, 
     Carbon County, Pennsylvania, for a water main replacement;
       611. $200,000 for the Mercer County Regional Council of 
     Governments, Pennsylvania, for the Shenango Valley Sewer/
     Water Improvement Project;
       612. $200,000 for the Berwick Industrial Development 
     Association, Berwick, Pennsylvania, for the sanitary storm 
     water system;
       613. $200,000 for the City of Johnstown, Pennsylvania for 
     water and sewer improvements at the Point Stadium multi-use 
     facility;
       614. $1,500,000 for the Three Rivers Wet Weather 
     Demonstration program in Allegheny County, Pennsylvania to 
     develop innovative, cost-effective solutions to assist 
     municipalities to eliminate sewer overflows;
       615. $250,000 for the Derry Township Municipal Authority in 
     Hershey, Pennsylvania for wastewater treatment plant 
     upgrades;
       616. $250,000 for the Mercer County Sanitary Sewer and 
     Water Treatment project in the City of Hermitage, City of 
     Sharon, and Borough of Sharpsville, Pennsylvania;
       617. $250,000 for the City of Lancaster, Pennsylvania for 
     water infrastructure improvements;
       618. $250,000 for the Newport Borough Sewer Authority in 
     Newport, Pennsylvania for storm and sewer water separation;
       619. $250,000 for the York City Sewer Authority in York, 
     Pennsylvania for wastewater collection system improvements;
       620. $250,000 for Pocono Township in Tannersville, 
     Pennsylvania for the Route 611 Corridor sewer line 
     construction;
       621. $250,000 to the Shannock Water District, Rhode Island 
     for water infrastructure improvements;
       622. $250,000 to the Lincoln Water Commission, Rhode Island 
     for water infrastructure improvements;
       623. $250,000 to the Pawtucket Water Supply Board, Rhode 
     Island for water infrastructure improvements;
       624. $250,000 to the Town of North Kingstown, Rhode Island 
     for water infrastructure improvements;
       625. $1,000,000 for the Narragansett Bay Commission, Rhode 
     Island for combined sewer overflow infrastructure 
     improvements;
       626. $500,000 for the City of Newport, Rhode Island for 
     water infrastructure improvements;
       627. $500,000 for the Town of Warren, Rhode Island for 
     sewer infrastructure improvements;
       628. $250,000 for Charleston CPW, Charleston, South 
     Carolina for a Wastewater Tunnel Replacement Project;
       629. $250,000 for Kershaw County, Kershaw, South Carolina 
     for the I-20 Corridor Infrastructure Project-Waste Water 
     Treatment Plant Expansion;
       630. $800,000 for the Chester Sewer District, South 
     Carolina for water and wastewater infrastructure 
     improvements;
       631. $1,000,000 for Kershaw County, South Carolina for 
     wastewater infrastructure improvements;
       632. $1,500,000 for the City of Huron, South Dakota for 
     water infrastructure improvements;
       633. $600,000 for the Green Valley Sanitary District, South 
     Dakota for water infrastructure improvements;
       634. $400,000 for the City of Tyndal, South Dakota for 
     water infrastructure improvements;
       635. $300,000 for Milbank, South Dakota, for wastewater 
     infrastructure improvements;
       636. $300,000 for Sisseton, South Dakota, for stormwater 
     improvements;
       637. $750,000 for the City of Pikeville and Bledsoe County, 
     Pikeville, Tennessee for water infrastructure improvements;
       638. $500,000 for the Watauga River Regional Water 
     Authority, Carter County, Tennessee for planning and 
     construction of regional water infrastructure facilities;
       639. $750,000 for the Walden's Ridge Water System, Hamilton 
     County, Tennessee for water infrastructure improvements;
       640. $500,000 for the San Antonio Water System, Texas for 
     water infrastructure improvements at KellyUSA;
       641. $650,000 for the Lower Rio Grande Morillo Drain 
     Rehabilitation project in the Lower Rio Grande Valley of 
     Texas;
       642. $800,000 for the Canyon Lakes Water Reuse Project in 
     Lubbock, Texas for construction related costs to the water 
     system infrastructure;
       643. $350,000 for the Abilene Brekenridge Reservoir project 
     in Abilene, Texas for drinking water infrastructure;
       644. $400,000 for the Pharr Wastewater Collection System in 
     Pharr, Texas to update the wastewater system infrastructure;
       645. $300,000 for the City of Brekenridge, Texas wastewater 
     and sewer infrastructure project;
       646. $500,000 for the City of Hillsboro, Texas wastewater 
     and sewer infrastructure project;
       647. $1,250,000 for the Town of Colchester, Vermont for 
     wastewater infrastructure improvements;
       648. $1,000,000 for the Town of Waitsfield, Vermont for 
     wastewater infrastructure improvements;
       649. $400,000 for the Fairfax County Water Authority, 
     Virginia for the drinking water infrastructure improvements 
     associated with the Electric Reliability project;
       650. $300,000 for Caroline County, Virginia for the Dawn 
     Wastewater Treatment project;
       651. $400,000 for the City of Norfolk, Virginia for the 
     Norfolk Sewer and Water Infrastructure Replacement;
       652. $300,000 for the City of Holladay, Utah, for water 
     infrastructure improvements associated with the Wayman Storm 
     Drain Project;
       653. $500,000 for the Magna Water Company an Improvement 
     District, Magna, Utah, for water infrastructure improvements 
     associated with the perchlorate & arsenic treatment plant;
       654. $400,000 for the City of Logan, Utah for water 
     infrastructure improvements;
       655. $400,000 for Park City, Utah for water infrastructure 
     improvements associated with the Judge and Spiro Tunnel 
     treatment plant;
       656. $400,000 for the City of Riverton, Utah for water 
     infrastructure improvements;
       657. $400,000 for the City of Orem, Utah for water 
     infrastructure improvements;
       658. $100,000 for the Jordan Valley Water Conservancy 
     District, Utah for the Groundwater Extraction and Treatment 
     Remedial Project;
       659. $1,000,000 for Sandy City, Utah for drinking water and 
     storm water infrastructure improvements;
       660. $400,000 for the City of Battle Ground, Washington for 
     sewer infrastructure improvements;
       661. $750,000 for the Port of Walla Walla, Washington for 
     the Burbank Water System improvements;
       662. $500,000 for the City of Kennewick, Washington for 
     drinking water infrastructure improvements;
       663. $500,000 for Skamania County Public Utilities District 
     in Carson, Washington for water infrastructure improvements;
       664. $250,000 for Squaxin Island Tribe in Shelton, 
     Washington for water and wastewater infrastructure 
     improvements;
       665. $1,000,000 for the Milwaukee Metropolitan Sewerage 
     District in Wisconsin for sewer infrastructure improvements;
       666. $1,000,000 for the City of Racine, Wisconsin for water 
     infrastructure improvements; and
       667. $600,000 for the City of Sun Prairie, Wisconsin for 
     water and wastewater infrastructure improvements.


                       ADMINISTRATIVE PROVISIONS

       The conferees have again this year included an 
     administrative provision giving the Administrator specific 
     authority to, in the absence of an acceptable tribal program, 
     award cooperative agreements to federally recognized Indian 
     Tribes or Intertribal consortia so as to properly carry out 
     EPA's environmental programs.
       The conference agreement includes a provision that allows 
     EPA to collect certain pesticides fees authorized last year. 
     The conferees have rejected the President's proposal to 
     reinstate fees prohibited by the same Act and are concerned 
     that EPA is needlessly spending time proposing fees and 
     promulgating rules when other more productive pesticide work 
     could be completed.
       The conferees have again this year, included a provision 
     that for fiscal year 2005 extends the eligibility of 
     brownfield grant recipients to those who purchased properties 
     prior to the enactment of the Small Business Liability Relief 
     and Brownfield Revitalization Act of 2001. The conferees have 
     not included a provision that would permit the use of certain 
     brownfield grant funds for administrative costs, as the 
     Senate had proposed.
       In addition the conferees included a provision, as proposed 
     by the House, which authorizes the agency to collect and use 
     the non-federal share of the cost of the Great Lakes Legacy 
     Act projects.
       The conferees did not include a provision proposed by the 
     Senate to provide special personnel authority for the Office 
     of Research and Development.
       Finally, the conference agreement does not include the 
     provision proposed by the Senate to require EPA to reformat 
     its budget justification; however, the conferees urge EPA to 
     continue its current budget justification reformatting 
     process.

[[Page H10860]]

                   Executive Office of the President


                OFFICE OF SCIENCE AND TECHNOLOGY POLICY

       Appropriates $6,379,000, which is $702,000 below the House 
     and the Senate. The reduction reflects a cost decrease, at 
     OSTP's request, for security related expenses that are no 
     longer necessary.
       The conferees direct OSTP to assess the cost and manner in 
     which all federally funded agencies and entities award and 
     pay science grants and stipends. The conferees understand 
     that OSTP is currently conducting a similar review. To the 
     extent there are differences between OSTP's review and the 
     requirements in this report language, the conferees direct 
     OSTP to incorporate the additional requirements as part of 
     OSTP's review. OSTP is directed to consult with the House and 
     Senate Committees on Appropriations on this assessment.


  COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

       Appropriates $3,284,000 as proposed by the House and the 
     Senate. The conference agreement also includes a transfer of 
     $1,000,000 to the Office of Environmental Quality Management 
     Fund, with which the conferees direct CEQ, in coordination 
     with the U.S. Fish and Wildlife Service and other agencies as 
     appropriate, to contract with the National Academy of 
     Sciences within 60 days of enactment to conduct a study of 
     the environmental, including landscape/viewshed, impacts of 
     wind energy projects in the Mid-Atlantic Highlands. This 
     study is to conclude with appropriate recommendations, such 
     as viewshed and other criteria, regarding the siting of wind 
     turbines in the Mid-Atlantic Highlands and should be 
     submitted to the Committees no later than December 2005.

                 Federal Deposit Insurance Corporation


                      OFFICE OF INSPECTOR GENERAL

       Appropriates $30,125,000 for the Office of Inspector 
     General, as proposed by the House instead of $30,625,000 as 
     proposed by the Senate. Funds for this account are derived 
     from the Bank Insurance Fund, the Savings and Loan Insurance 
     Fund, and the FSLIC Resolution Fund and are therefore not 
     reflected in either the budget authority or budget outlay 
     totals.

                    General Services Administration


                FEDERAL CITIZEN INFORMATION CENTER FUND

       Appropriates $14,907,000 as proposed by the House and the 
     Senate.

           United States Interagency Council on Homelessness


                           OPERATING EXPENSES

       Appropriates $1,500,000 for the United States Interagency 
     Council on Homelessness as proposed by the House and the 
     Senate.

             National Aeronautics and Space Administration

       The joint explanatory statement of the managers herein 
     reflects the agreement of the conferees on NASA programs and 
     activities. The operative funding levels for programs and 
     activities are those funding levels specified in this joint 
     explanatory statement of the managers. Where no funding level 
     is specified, NASA is directed to make a final determination 
     of funding level for fiscal year 2005 and is required to 
     notify the Congress under the established operating plan 
     procedures of the Committees on Appropriations of the House 
     and Senate. The conferees direct NASA not to charge any 
     administrative expenses to congressionally directed spending 
     on specific projects. These costs should be absorbed within 
     the funding provided.
       The conferees note that the House had requested a report 
     from NASA documenting the reconciliation and correction of 
     discrepancies between NASA's fund balance and the U.S. 
     Treasury's reported balances as of September 30, 2003. NASA 
     has not yet satisfied the reporting requirement specified in 
     the House report, even though the report was due on September 
     30, 2004, over 45 days ago. NASA is directed to expeditiously 
     complete the requested report and formally submit it to the 
     Committees on Appropriations of the House and Senate. 
     Included in the report should be an explanation of any 
     outstanding discrepancies and potential remedies.
       As part of the proposed exploration vision, NASA will begin 
     to phase-out existing programs in order to accommodate the 
     vision. These plans must be clearly identified in order for 
     NASA to smoothly transition older programs to make way for 
     missions associated with the vision. As part of this process, 
     the conferees direct NASA to include in all future budget 
     justifications the phase-out schedules and any out-year 
     termination dates of its programs.
       The conferees direct the National Academy's Space Studies 
     Board to conduct a thorough review of the science that NASA 
     is proposing to undertake under the space exploration 
     initiative and to develop a strategy by which all of 
     NASA's science disciplines, including Earth science, space 
     science, and life and microgravity science, as well as the 
     science conducted aboard the International Space Station, 
     can make adequate progress towards their established 
     goals, as well as providing balanced scientific research 
     in addition to support of the new initiative. This study 
     should be completed no later than March 15th, 2005.
       The conferees have included substantial funding for the 
     space exploration initiative, but to date there has been no 
     substantive Congressional action endorsing the initiative. 
     The conferees note that the initiative is a very long-term 
     endeavor and will require tens of billions of dollars over 
     the next two decades. As such, the initiative deserves and 
     requires the deliberative benefit of the Congress. To this 
     end, the conferees call upon the appropriate Committees of 
     jurisdiction of the House and Senate for action to 
     specifically endorse the initiative and provide authorization 
     and guidance. NASA is directed to forward a comprehensive 
     package of authorization legislation for consideration by the 
     109th Congress.
       The conferees are concerned that the current implementation 
     plans for the new vision do not properly address the 
     requirements for the heavy lift capability that may be 
     necessary to carry out the space exploration initiative. A 
     complete review of such plans must be conducted prior to 
     embarking fully upon the implementation of the initiative. In 
     order to assess heavy lift capability needs, NASA shall 
     report to the Committees on Appropriations of the House and 
     Senate, no later than 180 days from the date of enactment of 
     this Act, regarding NASA's heavy lift capability needs and 
     plans to meet those needs immediately and in the future. NASA 
     is encouraged to look at concepts currently being developed 
     in the Falcon program with DARPA that could have an impact on 
     future heavy lift program development.
       The conferees are concerned about the implications of full 
     cost accounting procedures on the operation of NASA's wind 
     tunnels. Rates charged to U.S. airframe, engine and component 
     manufacturers are significantly higher than facilities in 
     Europe. The conferees are concerned that the impact of such 
     high fees will drive U.S. companies and jobs overseas and 
     result in the closing of NASA's wind tunnels. Therefore, the 
     conferees direct NASA to restructure the fees charged for use 
     of the agency's wind tunnels to make them competitive with 
     rates charged overseas and report back to the Committees on 
     Appropriations of the House and Senate by March 1, 2005 on 
     their plan to restructure the fee system. Furthermore, the 
     conferees prohibit NASA from closing any wind tunnels during 
     fiscal year 2005.
       The conferees agree with the direction in the Senate report 
     that NASA is to include the out-year budget impacts on all 
     operating plan proposals. The operating plan and all 
     resubmissions also shall include a separate accounting of all 
     program/mission reserves.
       The conferees agree with the Senate direction that NASA 
     shall provide appropriate funds for the completion of the 
     current NAPA review of NASA's organizational, programmatic, 
     and personnel structures, including funds to review the 
     recently announced NASA organization transformation and the 
     recommendation contained in the Aldridge report for NASA to 
     consider conversion of some NASA centers to Federally Funded 
     Research and Development Centers.
       The conferees are concerned that that sole source 
     contracting can stifle competition and discourage new 
     investment in space-related activities and should be avoided 
     as much as practicable. The conferees direct NASA to submit 
     to the Committees on Appropriations of the House and Senate, 
     each intention by NASA to enter into a sole source contract 
     no later than 10 days before a contract is awarded; this 
     requirement shall apply to all new contracts and contract 
     modifications of more than $500,000 where a new contractor is 
     involved or a new activity is added to an existing contract.
       The conferees agree that from within the funding provided, 
     $291,000,000 is to be used for a servicing mission to the 
     Hubble Space Telescope. The conferees believe a successful 
     servicing mission to Hubble should be one of NASA's highest 
     priorities and have provided a substantial increase in 
     funding to accomplish this goal. The conferees direct NASA to 
     report to the Committees on Appropriations of the House and 
     Senate on the status of their plan to service Hubble and the 
     recommendations of the National Academy of Sciences within 90 
     days of enactment of this Act.
       Finally, the conferees note that NASA has requested and the 
     conferees have provided unrestrained transfer authority 
     between the Exploration Capabilities account and the Science, 
     Aeronautics, and Exploration account. The conferees have 
     taken this action because NASA needs flexibility as it 
     completes its transition to full cost accounting. While this 
     transfer authority can be used for purposes other than 
     addressing full cost accounting issues, NASA is cautioned to 
     do so with restraint.


                  SCIENCE, AERONAUTICS AND EXPLORATION

                     (INCLUDING TRANSFER OF FUNDS)

       Appropriates $7,742,550,000 for science, aeronautics and 
     exploration, instead of $7,621,169,000 as proposed by the 
     House and $7,936,500,000 as proposed by the Senate. The 
     Senate proposal included $200,000,000 in emergency funding.
       The Federal investments in aeronautics research and 
     development have delivered countless economic and societal 
     benefits to the nation over the years. Challenges in dealing 
     with the projected growth in air traffic as well as the need 
     to reduce significantly the adverse environmental impacts of 
     future aircraft will require that NASA remain deeply engaged 
     in aeronautics research and development. The conferees direct 
     NASA to develop a prioritized set of aeronautics goals 
     through 2020, along with the annual funding requirements 
     associated with achieving each goal. The plan should be 
     provided to the Committees within 120 days. As part of NASA's 
     investments in this area, the conferees direct NASA to 
     provide $25,000,000 for Intelligent Propulsion System 
     Foundation

[[Page H10861]]

     Technologies (Propulsion 21) to continue research by the 
     existing coalition of NASA, state government, industry, and 
     academia.
       The conferees have included $28,200,000 for the National 
     Space Grant College and Fellowship program. This amount is an 
     increase of $9,100,000 to the fiscal year 2005 budget 
     request. The amount provided will fund 40 states at $575,000 
     each and 12 states at $350,000 each as well as $1,000,000 for 
     administrative expenses.
       The conferees have included $12,000,000 for the 
     Experimental Program to Stimulate Competitive Research 
     (EPSCoR). The amount provided is $7,400,000 above the budget 
     request of $4,600,000 and will fund the fourth year of 
     current five-year research grants.
       The conferees note the overall success of the Science, 
     Engineering, Mathematics and Aerospace Academies program and 
     direct NASA to fund the core program at no less than 
     $4,800,000 in fiscal year 2005.
       The conferees have provided $10,000,000 for the Lunar 
     Reconnaissance Orbiter [LRO], a reduction of $60,000,000 from 
     the budget request. NASA should continue with its 
     announcement of opportunity for scientific instruments with 
     these funds. However, in establishing the criteria for 
     instrument selection, not less than 25 percent of the LRO's 
     scientific instrumentation funding should be explicitly 
     dedicated to building instruments focused solely on answering 
     basic science questions. The conferees are concerned that the 
     lunar measurement investigations to be carried out by the LRO 
     mission, intended to characterize future robotic and human 
     lunar landing sites, will forgo the opportunity for research 
     and focus only on applied engineering assessments. The 
     current proposed announcement of opportunity focuses solely 
     on the human exploration objectives of the potential mission. 
     Since the LRO is allocated against NASA's space science 
     budget, the conferees believe that fundamental lunar science 
     questions should be addressed in a significant fashion 
     through instruments on this spacecraft. The conferees 
     encourage NASA, as part of the LRO development, to consider 
     the research instrumentation opportunities as well as 
     technology qualification, navigation and communications 
     capabilities, and resource identification technologies to 
     maximize the opportunities of this first lunar mission.
       The conferees share the concern of the Senate with regard 
     to the proposed reductions to the Living With a Star [LWS] 
     program and provide $681,100,000 for the program. To meet the 
     original goals of the LWS program, which the Congress has 
     endorsed, the conferees are providing an additional 
     $35,000,000 for the LWS theme in 2005 to be allocated as 
     follows: $5,000,000 for the solar probe mission; $15,000,000 
     to begin implementation of Geospace and $5,000,000 for 
     preliminary studies of solar sentinels; and $10,000,000 for 
     Solar Terrestrial Probes for continued development of the 
     Magnetospheric Multiscale (MMS) mission. Furthermore, the 
     conferees agree with the Senate direction that NASA is to 
     develop a plan to guarantee launch of Geospace and Solar 
     Dynamic Observatory within one year of each other with solar 
     sentinels to follow in a reasonable time thereafter.
       The conferees agree to provide $2,000,000 for establishment 
     of a NASA program office at the Applied Physics Laboratory 
     [APL] for the purpose of administering all existing contracts 
     between NASA and APL, including those under the LWS Program. 
     The APL program office will report directly to the Associate 
     Administrator for Science.
       The conferees agree with the Senate direction that NASA is 
     directed to undertake a detailed study of the feasibility for 
     a New Horizons II mission, to be launched within the near-
     term, if the study results can justify the scientific return 
     for such a follow-on mission, at a price considerably less 
     than the original New Horizons mission. Such a study should 
     have its results submitted to the Committee on Appropriations 
     by April 15, 2005.
       The conferees do not agree with the direction in the Senate 
     report calling for the transfer of 10 FTE from the Office of 
     the Associate Administrator for Science to the NASA field 
     centers responsible for management of the Discovery and New 
     Frontiers programs. NASA is directed to expeditiously address 
     the concerns raised in the Senate report.
       The conferees direct NASA to select competitively some of 
     the scientific instruments for the Terrestrial Planet Finder 
     mission as directed by the Senate. The conferees provide 
     $15,000,000 for this effort.
       The conferees agree to an increase of $15,000,000 above the 
     President's request for fiscal year 2005 for the NASA Earth 
     Science Applications Program. This funding increase will be 
     used to support competitively-selected applications projects. 
     These projects will integrate the results of NASA's earth 
     observing systems and earth system models (using observations 
     and predictions) into decision support tools to serve 
     applications of national priority including, but not limited 
     to, Homeland Security, Coastal Management, Agriculture 
     Efficiency, Water Management and Disaster Management.
       The conferees are supportive of continuation of the ECS/EMD 
     Synergy Program, reflecting the success of NASA's EOS Data 
     Information System [EOSDIS] and its core system [ECS]. The 
     conferees are providing $15,000,000 for Synergy in fiscal 
     year 2005 with $1,500,000 for the Battelle Pacific Northwest 
     Laboratory's Infomart; not more than $1,500,000 to support 
     the transition of Synergy Infomart activities to the ESE 
     Application Division to be administered through a Cooperative 
     Agreement [CAN] that will focus these funds toward meeting 
     the needs of State, local and tribal governments; and 
     $12,000,000 through the EOSDIS Maintenance and Development 
     Contract to support an extension of the Synergy Data Pools to 
     improve data distribution to climate change models, expansion 
     of data distribution to the user community and development of 
     a pilot project using grid computing technology.
       The conferees remain supportive of NASA's Columbia Project 
     to upgrade its supercomputing capacity, but insists that 
     NASA's total supercomputing capability should not reside at 
     one location to protect the Agency from a potential single 
     point of failure for mission critical and safety of flight 
     analyses. Therefore, the conferees have provided $5,000,000 
     from within funds projected for the Columbia project to 
     upgrade the Goddard Space Flight Center's Center for 
     Computational Science [NCCS] to guarantee that it serves as 
     NASA's backup supercomputing center with tier 1 system backup 
     and disaster recovery functions, including full transfer 
     capability in the event of a failure of the principal 
     supercomputer facility.
       Based on the success of the X-43 program, the conferees are 
     providing $25,000,000 to continue design work being conducted 
     for the X-43c as a follow-on to the X-43a program. The 
     conferees encourage joint NASA and Air Force cooperation and 
     collaboration in advancement of aeronautics technologies in 
     the National interest.
       The conferees agree to the following specific funding 
     increases in addition to any increases mentioned above:
     Space Science
       An increase of $250,000 for the Detroit Science Center;
       An increase of $150,000 for the Coca-Cola Space Science 
     Center in Columbus, Georgia to support the Space Science 
     Center;
       An increase of $2,100,000 for continued development of a 
     lightweight carrier pallet to increase NASA's payload 
     capacity for space shuttle servicing missions;
       An increase of $500,000 for the Sacramento Space Science 
     Center at California State University;
       An increase of $1,000,000 for telescope construction at the 
     Pisgah Astronomical Research Center;
       An increase of $1,000,000 for University of Idaho for RTULP 
     Electronics for Space Applications;
       An increase of $1,000,000 for Utah State University in 
     Logan, Utah for the Calibration Center;
       An increase of $300,000 to the University of Missouri at 
     Rolla for the Advanced Millimeter Wave Inspection System 
     program;
       An increase of $3,000,000 to New Mexico State University 
     for the ultra-long balloon program to augment planned flights 
     and technology development;
       An increase of $1,500,000 to Montana State University to 
     purchase clean room systems and basic process equipment 
     related to the microdevice fabrication facility;
       An increase of $1,000,000 for Texas Tech University 
     Experimental Sciences Initiative, Lubbock, Texas to promote 
     advanced and interdisciplinary research;
       An increase of $1,000,000 to the Southern Methodist 
     University Multifab Facility in Dallas, Texas to develop 
     multifabrication manufacturing technology;
       An increase of $1,000,000 to the University of Arkansas, 
     Fayetteville, Arkansas for the Arkansas-Oklahoma Center for 
     Space and Planetary Sciences;
       An increase of $1,500,000 to Montana State University-
     Bozeman for the Center for Studying Life in Extreme 
     Environments;
       An increase of $2,500,000 to Marshall University in 
     Bridgeport, West Virginia for the continuation of NASA 
     related composites workforce development training at the 
     Composites Technology Institute; and
       An increase of $1,750,000 to the University of Maryland, 
     Baltimore County for photonics research.
     Earth Science
       An increase of $500,000 to the Friends of the Museum of 
     Natural Sciences in Raleigh, North Carolina for NASA Earth 
     Science integration planning;
       An increase of $500,000 for continuation of emerging 
     research that applies remote sensing technologies to forest 
     management practices at the State University of New York, 
     College of Environmental Sciences and Forestry;
       An increase of $1,000,000 for the Advanced Interactive 
     Discovery Environment engineering research program at 
     Syracuse University;
       An increase of $3,000,000 for the Regional Application 
     Center for the Northeast;
       An increase of $15,900,000 for the Institute for Scientific 
     Research, Inc. for development and construction of research 
     facilities;
       An increase of $1,500,000 for on-going activities of the 
     Goddard Institute for Systems, Software, and Technology 
     Research, including mission design tools, Earth Science 
     analysis, and remote sensing instrumentation development;
       An increase of $1,000,000 for the Goddard Space Flight 
     Center's Clustering and Advanced Visual Environments 
     Initiative;
       An increase of $1,000,000 for the University of San 
     Francisco Center for Science and the Environment;
       An increase of $500,000 for hyper spectral remote sensing 
     research and development at the Desert Research Institute;

[[Page H10862]]

       An increase of $400,000 for Space Place;
       An increase of $4,500,000 for the implementation of a 
     remote data storage capability at the NASA IV&V Facility. 
     Appropriated funds are for augmenting available data storage 
     capacities; expanding remote data storage capabilities to the 
     Goddard Space Flight Center and a second DAAC; and 
     communications, facility and integration services at the IV&V 
     Facility to support data backup, recovery, and on-line access 
     capabilities for the Goddard Space Flight Center (GSFC) ECS 
     program;
       An increase of $3,000,000 to be transferred to the Air 
     Force Research Laboratory to begin development of miniature 
     synthetic radar technology;
       An increase of $1,500,000 for Integrated Sensing Systems at 
     the Rochester Institute of Technology;
       An increase of $3,500,000 for Little River Canyon Field 
     School;
       An increase of $390,000 for Pearl River Community College 
     in Mississippi for remote sensing, geographic information 
     system and GPS training;
       An increase of $1,000,000 for Idaho State University for 
     the Temporal Landscape Change Research program;
       An increase of $3,000,000 for the University of Alaska for 
     weather and ocean research;
       An increase of $1,000,000 to Utah State University in 
     Logan, Utah for the Intermountain region Digital Image 
     Archive and Processing Center;
       An increase of $750,000 for the University of Northern Iowa 
     for the GeoTREE project;
       An increase of $1,000,000 for the University of Texas Mid-
     American Geospatial Information Center at the UT Center for 
     Space Research in Austin, Texas to continue information 
     collection through satellite imaging;
       An increase of $500,000 to the Liberty Science Center, 
     Jersey City, New Jersey for the Hudson Harbor and Estuary 
     Ecological Learning Center;
       An increase of $750,000 to the University of Connecticut 
     for the Center for Land Use and Education Research;
       An increase of $750,000 to the University of Vermont, 
     Burlington for the Center for Advanced Computing;
       An increase of $5,400,000 for the Wallops Island Flight 
     Facility to be used for developing a standard small launch 
     vehicle, universal FTS, doppler radar and launch modeling 
     laboratory;
       An increase of $2,000,000 to the University of North Dakota 
     in Grand Forks for the Northern Great Plains Space Sciences 
     and Technology Center; and
       An increase of $2,000,000 to upgrade the High End 
     Production Capability at the Goddard Space Flight Center to 
     improve climate and weather research capabilities.
     Biological and Physical Research
       An increase of $3,000,000 for space radiation research at 
     the Loma Linda University Medical Center;
       An increase of $500,000 for the Northwestern University 
     Institute for Proteomics and Nanobiotechnology;
       An increase of $400,000 for Musculoskeletal Simulator for 
     Injuries at the Cleveland Clinic;
       An increase of $1,250,000 for the Michigan Research 
     Institute;
       An increase of $600,000 to the MCNC-Research and 
     Development Institute (RDI) for continued funding for a 
     Laboratory for Distributed Chemical and Biological Sensors;
       An increase of $500,000 for gravitational space biology 
     research at North Carolina State University;
       An increase of $3,000,000 for the National Center of 
     Excellence in Bioinfomatics in Buffalo, New York;
       An increase of $1,000,000 for the Central New York 
     Biotechnology Research Center in Syracuse, New York;
       An increase of $900,000 for the State University of New 
     York Downtown Medical Center in Brooklyn, New York for the 
     Advanced Biotechnology Incubator project;
       An increase of $1,500,000 to the University of Missouri at 
     Columbia for the National Center for Gender Physiology 
     studies on basic biomedical knowledge for the improvement of 
     life on earth and solution of problems in human space flight;
       An increase of $5,000,000 to the Marshall Space Flight 
     Center for propulsion materials microgravity research;
       An increase of $2,000,000 for the Alliance for Nanohealth, 
     Houston, Texas to purchase equipment and conduct research on 
     Nanotechnology and medicine;
       An increase of $2,000,000 for the University of Louisville 
     Space Flight Exploration: The Impact on Perception, 
     Cognition, Sleep and Brain Physiology Project at the 
     University of Louisville in Louisville, Kentucky;
       An increase of $1,000,000 to the National Technology 
     Transfer Center at Wheeling Jesuit University to transfer and 
     adapt the Walter Reed Army Medical Center's HealthForces 
     program, into medically underserved rural areas;
       An increase of $1,000,000 to the State University of 
     Buffalo Center for Bioinformatics, Erie, New York;
       An increase of $3,000,000 to the Inland Northwest Space 
     Alliance in Montana for the FreeFlyer program; and
       An increase of $750,000 to the University of Montana in 
     Missoula, Montana for the National Space Privatization 
     Program.
     Aeronautics
       An increase of $350,000 for Validated Probabilistic Lifting 
     Tools;
       An increase of $500,000 for the Michigan Small Aircraft 
     Transportation System;
       An increase of $3,000,000 for the Virginia Institute for 
     Performing Engineering and Research;
       An increase of $700,000 to the Virtual Systems Laboratory 
     of the National Aviation Technology Center, School of 
     Aviation, Dowling College, New York;
       An increase of $1,700,000 for the University of Toledo 
     Turbine Institute;
       An increase of $600,000 to the Research Triangle Institute, 
     International for Synthetic Vision Systems/Combined Vision 
     Systems;
       An increase of $2,100,000 for Research on Advanced Wireless 
     Communications for Airport Applications;
       An increase of $2,700,000 to research Secure Automatic 
     Dependent Surveillance Broadcast (ADS-B) Surveillance data 
     link technology for enhanced aviation security and general 
     aviation airspace access;
       An increase of $5,000,000 for Project SOCRATES;
       An increase of $1,000,000 for the National Aviation 
     Technology Center at Dowling College, New York;
       An increase of $500,000 for the development of an Aircraft 
     Radio Guidance System (ARGUS) utilizing a new radio frequency 
     interferometer that will provide two or three dimensional 
     navigation guidance for airborne, space or surface vehicles;
       An increase of $1,000,000 for the development of a Research 
     Flight Computing System in support of the NASA Dryden Flight 
     Research Center's Altair/Predator B UAV Technology 
     Demonstrator Project;
       An increase of $7,500,000 for the Hydrogen Research 
     Initiative;
       An increase of $1,000,000 to the Applied Polymer Technology 
     Extension Consortium for research on polymers;
       An increase of $850,000 for the Florida Institute of 
     Technology in Melbourne, Florida for its Hydrogen, Fuel Cell 
     & Sensor Technology Initiative;
       An increase of $2,300,000 to the University of Missouri at 
     Rolla for Aerospace Propulsion Particulate Emissions 
     Reduction Program;
       An increase of $1,000,000 for the National Institute of 
     Aviation Research in Kansas for icing research;
       An increase of $2,000,000 to Wichita State University in 
     Wichita, Kansas for the National Center for Advanced 
     Materials Performance for composite materials research;
       An increase of $1,000,000 for the Glenn Research Center for 
     the National Center for Communications, Navigation and 
     Surveillance;
       An increase of $4,000,000 for the Glenn Research Center for 
     the commercial technology program;
       An increase of $1,000,000 to Iowa State University for the 
     Center for Nondestructive Evaluation; and
       An increase of $3,000,000 to Chesapeake Information Based 
     Aeronautics Consortium.
     Education
       An increase of $500,000 to the State of Alabama for the 
     Alabama Math, Science, and Technology Initiative;
       An increase of $250,000 for the Education Training Center 
     at the U.S. Space and Rocket Center;
       An increase of $2,000,000 to the Educational Advancement 
     Alliance, to support the Alliance's K-12 math, science, and 
     technology education enrichment program;
       An increase of $400,000 for Albany State University/Darton 
     College in Albany, Georgia for the Science, Engineering, Math 
     and Aerospace Academy program;
       An increase of $250,000 for South Georgia Technical College 
     in Americus, Georgia for the Science, Engineering, Math and 
     Aerospace Academy program;
       An increase of $250,000 for Albany State University in 
     Albany, Georgia for project `JumpStart' for a Math, Science 
     Education Enhancement program for pre-college students;
       An increase of $250,000 for the Georgia Project/ABAC 
     College, Tifton, Georgia to implement a K-12 program for 
     Hispanic students in science, engineering, math and aerospace 
     in SW Georgia who struggle with English as a Second Language;
       An increase of $400,000 for the University System of 
     Georgia--Board of Regents, Atlanta, Georgia for purchase and 
     implementation of a pre-testing software for math and science 
     educational and career-related standardized test;
       An increase of $100,000 for Georgia Southwestern College in 
     Americus, Georgia for grants and scholarships in math and 
     science for students implemented through the Multicultural 
     Affairs Program;
       An increase of $4,000,000 for a new Science Center at St. 
     Bonaventure's University in New York State;
       An increase of $2,000,000 for the JASON Foundation;
       An increase of $300,000 for a Science, Technology, 
     Engineering, and Mathematics Center at Tennessee Tech 
     University, Cookeville, Tennessee;
       An increase of $250,000 for Hollins University for upgrades 
     to its science infrastructure;
       An increase of $250,000 for the University of New England 
     Marine Science Center;
       An increase of $500,000 for the Liberty Science Center;
       An increase of $350,000 for Aerospace Education Center in 
     Cleveland, Ohio;
       An increase of $200,000 for Morehouse College in Atlanta, 
     Georgia to support the technology center;

[[Page H10863]]

       An increase of $1,000,000 for National Center for Air and 
     Space Law at the University of Mississippi;
       An increase of $1,000,000 for Tennessee Technological 
     Institute for the development of a Challenger Learning 
     Center;
       An increase of $500,000 for the Christa McAuliffe 
     Planetarium in New Hampshire for the construction of the Alan 
     Shepard Discovery Center;
       An increase of $500,000 to Southeast Missouri State 
     University for the NASA-ERC Initiative;
       An increase of $1,000,000 to the Texas A&M Space 
     Engineering Institute in College Station, Texas to continue 
     minority engineering outreach in conjunction with NASA;
       An increase of $1,000,000 to Northern Kentucky University/
     University of Louisville for the Taking Astronomy to the 
     Schools Project at Northern Kentucky University in Campbell 
     County, Kentucky;
       An increase of $750,000 for the US Space and Rocket Center 
     in Huntsville, Alabama for education training equipment and 
     the museum exhibit improvement program.
       An increase of $250,000 for Sci-Quest, Northern Alabama 
     Science Center for the interactive immersive-reality science 
     laboratory;
       An increase of $750,000 to the Delaware Aerospace Education 
     Foundation in Kent County, Delaware;
       An increase of $500,000 to the Chabot Space and Science 
     Center in Oakland, California for The Future for Humans in 
     Space Education Program;
       An increase of $250,000 for Dominican University, San 
     Rafael, California for the Center for Science and Technology 
     for science teacher training and education;
       An increase of $250,000 to Rowan University, Pomona, New 
     Jersey for the Engineering and Technology Satellite Campus;
       An increase of $250,000 to the Museum of Science and 
     Industry in Chicago, Illinois for the Henry Crown Space 
     Center;
       An increase of $250,000 to Glendale Community College, 
     California for the Cimmarusti Science Center's Teacher 
     Training and Science Education Outreach Program;
       An increase of $500,000 to the Science Center of Iowa in 
     Des Moines, Iowa;
       An increase of $2,000,000 for improvements to the Cooper 
     Library at the University of South Carolina, Columbia, South 
     Carolina;
       An increase of $2,000,000 to the College of Charleston, 
     South Carolina for the School of Science and Mathematics;
       An increase of $1,000,000 to the Boston Museum of Science, 
     Massachusetts for the National Center for Technology 
     Literacy;
       An increase of $750,000 to Space Education Initiative, 
     Wisconsin for the Wisconsin Aerospace Education Initiative;
       An increase of $1,750,000 to the Mitchell Institute, 
     Portland, Maine for educational purposes;
       An increase of $1,000,000 to the Virginia Air and Space 
     Museum, Norfolk, Virginia;
       An increase of $750,000 for the Griffith Observatory, Los 
     Angeles, California; and
       An increase of $4,000,000 to the University of Hawaii, Hilo 
     for the Mauna Kea Astronomy Education Center;


                        exploration capabilities

                     (including transfer of funds)

       Appropriates $8,425,850,000 for exploration capabilities, 
     instead of $7,496,800,000 as proposed by the House and 
     $8,411,100,000 as proposed by the Senate. The Senate proposal 
     included $600,000,000 in emergency funding.
       The conferees agree that the space shuttle remains the 
     cornerstone of our Nation's heavy launch capability and is 
     critical to the future of the International Space Station and 
     scientific research. Therefore, the conferees have provided 
     $4,319,200,000 for the space shuttle program, the same as the 
     level within the request of the administration. Should 
     additional resource needs associated with return-to-flight 
     activities arise during this fiscal year, the regular order 
     of the budget process allows for the Administration to submit 
     a supplemental request for funding, which would be given full 
     and fair consideration by Congress. Alternatively, NASA has 
     flexibility under established operating plan procedures with 
     the Committees on Appropriations of the House and Senate to 
     propose funding adjustments to augment the budget for the 
     space shuttle as necessary, contingent on Congressional 
     approval of the proposed changes. The conferees believe that 
     returning the shuttle fleet to flight, the first step in the 
     Space Exploration Initiative, should be NASA's highest 
     priority.
       Within the funds provided, the conferees direct $10,000,000 
     for the Propulsion Research Laboratory at Marshall Space 
     Flight Center to perform non-nuclear research on spacecraft 
     engine systems that support nuclear thermal propulsion 
     development. The conferees direct NASA to ensure that NASA 
     facilities are utilized to the greatest extent possible by 
     the Department of Energy in its role as a contractor for NASA 
     under the Project Prometheus program.
       The conferees do not agree with the termination of the 
     commercial programs within the Innovative Technology Transfer 
     Partnerships (ITTP) program as proposed in the budget 
     submission, and have therefore provided an increase of 
     $30,000,000 to this appropriation for the express purpose of 
     continuing the commercial programs, including the activities 
     of both NASA and associated personnel, as they existed in 
     fiscal year 2003 and prior fiscal years. The conferees notes 
     that the National Academy of Public Administration (NAPA) has 
     completed the first phase of an analysis of the ITTP program, 
     which highlights a number of weaknesses that reduce the 
     program's effectiveness at spin-in and spin-out of 
     technology. The conferees direct NASA to fully address the 
     recommendations of phases I and II of the NAPA study in the 
     context of future budget submissions. The conferees support 
     maintaining a vigorous ITTP program at NASA and strongly 
     support maintaining the spin-out of NASA technology to the 
     commercial world as an integral part of the program.
       The conferees agree with direction contained in the Senate 
     report that as soon as the Shuttle is available to provide 
     access to the ISS, NASA is to provide the Committees on 
     Appropriations of the House and Senate with a plan detailing 
     the steps necessary to complete construction of the ISS. This 
     plan may include completion of the ISS by only using the 
     shuttle, or a combination of shuttle and unmanned flights for 
     delivering components to the ISS. The cost implications 
     associated with the revised schedule must be included in the 
     plan that is submitted to the Committee within 30 days after 
     the successful return-to-flight of the shuttle program. The 
     report should also contain a timeline, in conjunction with 
     the construction timetable for the ISS, for the eventual 
     transition to a new manned launch vehicle.
       The conferees are prepared to commit funds for development 
     of a Crew Exploration Vehicle [CEV], but remain concerned 
     that there has not been enough initial planning to determine 
     what specific capabilities the CEV should have. The 
     determination of the right capabilities should naturally come 
     from a carefully thought-out plan and goals, which have yet 
     to emerge from the implementation of the space exploration 
     initiative. The current plan offered by NASA resembles a 
     work-in-progress, rather than a firm definition of what is 
     necessary to accomplish missions to the ISS, as well as 
     future manned missions. The conferees expect NASA to provide 
     a report to the Committees on Appropriations of the House and 
     Senate that details the criteria and developmental goals the 
     CEV must meet to accomplish the missions envisioned by NASA 
     within 60 days of enactment of this Act. The report shall 
     also include the internal and independent procedures that 
     will be in place to ensure that the CEV will stay within its 
     budget throughout its development.
       As NASA begins to consider another manned vehicle program, 
     the conferees do not want a repeat of the mistakes of the 
     International Space Station, where poor management and lack 
     of independent oversight resulted in major cost overruns. At 
     this early stage in the development of the CEV, it is 
     essential that these mistakes be avoided. Therefore, the 
     conferees direct the Administrator of NASA to identify an 
     independent oversight committee capable of examining the 
     design, technology readiness, and most importantly the cost 
     estimates for the CEV. The Administrator shall use available 
     funds within the Exploration Capabilities account to provide 
     sufficient resources for this independent committee. The 
     chosen oversight committee shall report to the Administrator 
     and the Committees on Appropriations of the House and Senate 
     annually on their findings and recommendations.
       The conferees have agreed to provide $10,000,000 for the 
     Centennial Challenges program, subject to passage of 
     authorizing legislation. NASA is to directed to submit a 
     detailed implementation plan for this program to the 
     Committees on Appropriations of the House and Senate as soon 
     as practicable.
       The conferees recognize that modeling and simulation will 
     have an important role in assessing the overall system 
     development and performance in the Space Exploration 
     Initiative and provide $3,000,000 for this purpose. The 
     conferees believe that simulated integrated systems, 
     including testing and evaluation, will substantially reduce 
     the total development costs of future space transportation 
     systems by formulating and validating program requirements 
     and by identifying and mitigating program risks as early as 
     possible in the development process. The conferees direct the 
     Office of Exploration Systems to develop and implement an 
     integrated system simulation strategy to take full advantage 
     of modeling, simulation, and evaluation tools.
       The conferees direct NASA to keep the Committees on 
     Appropriations of the House and Senate informed, in writing, 
     of any movement of funds related to the shuttle program, as 
     well as including the out-year impacts on all activities 
     involved in the funding shifts. Finally, the conferees expect 
     regular consultations by NASA on all proposed changes to 
     investments in the Shuttle program. These consultations 
     should occur before program decisions are finalized.
       The conferees agree to the following specific funding 
     increases in addition to any increases mentioned above:
       An increase of $400,000 for the Glennan Microsystems 
     Commercialization Initiative;
       An increase of $300,000 for Garrett Morgan Commercial;
       An increase of $900,000 for Simulation based acquisition 
     for manned space flight vehicle, design and testing, MSFC;
       An increase of $150,000 to the Technology Research & 
     Development Authority of Central Florida for continuing 
     investment in IT, and security technologies;
       An increase of $2,000,000 for the Idaho National 
     Engineering and Environmental Laboratory for development of 
     performance, safety, and mission success tools for NASA 
     programs;

[[Page H10864]]

       An increase of $250,000 to the Alabama A&M University for 
     Advanced Propulsion Materials Research;
       An increase of $500,000 for the Nano and Micro Devices 
     Laboratory at the University of Alabama in Huntsville;
       An increase of $6,000,000 for the continuation of the Space 
     Alliance Technology Outreach Program for business incubators 
     in Florida and New York;
       An increase of $1,000,000 for the National Center of 
     Excellence in Wireless and Information Technology Programs at 
     Stony Brook University, New York;
       An increase of $1,000,000 for the National Center of 
     Excellence in Small Scale Systems Packaging at the State 
     University of New York at Binghamton;
       An increase of $2,500,000 for NASA's Independent 
     Verification and Validation Facility, of which $800,000 is 
     available for continuation of the Code Level Metrics Data 
     Program; $400,000 is available for continuation of IV & V of 
     Neural Nets; and $400,000 is available for Software Legacy 
     Research;
       An increase of $600,000 to the MCNC-Research and 
     Development Institute (RDI) for continued funding for a 
     Laboratory for Distributed Chemical and Biological Sensors;
       An increase of $1,000,000 for Cryogenic Power Electronics 
     Development at the State University of New York at Albany;
       An increase of $200,000 for the National Center for 
     Communication Navigation, and Surveillance at Glenn Research 
     Center;
       An increase of $400,000 for COM Simulation Architecture;
       An increase of $300,000 for the Bowling Green State 
     University Hybrid Engine project;
       An increase of $500,000 to the University of Alabama in 
     Huntsville for a Space Flight Guidance, Navigation, and 
     Control Test Bed;
       An increase of $3,000,000 for the National Center of 
     Excellence in Infotonics in Rochester, New York;
       An increase of $3,000,000 for the Computing, Information 
     and Communications Technology Program (CICT) for High 
     Information Density Approaches to Mobile Broadband Internet 
     Communications;
       An increase of $3,000,000 to the Mobile Broadband Network 
     project, a joint effort between NASA and the Air Force 
     Research Laboratory;
       An increase of $3,000,000 to be transferred to the Air 
     Force Research Laboratory to continue joint research between 
     NASA and the Air Force on emerging areas of computing 
     including grid computing, quantum and biomolecular 
     information processing technology;
       An increase of $4,000,000 for the Stennis Space Center for 
     the commercial technology program;
       An increase of $4,000,000 for the Marshall Space Flight 
     Center for the commercial technology program;
       An increase of $750,000 to Purdue University in West 
     Lafayette, Indiana for the Advanced Manufacturing Institute;
       An increase of $2,000,000 to Wheeling Jesuit University, 
     West Virginia for continued operation of the National 
     Technology Transfer Center;
       An increase of $1,000,000 to the University of New Orleans, 
     Louisiana for the Composites Research Center of Excellence 
     and for the development of advanced metallic joining 
     technologies at Michoud Space Center;
       An increase of $1,750,000 to the University of Maryland, 
     College Park for the nanotechnology institute; and
       An increase of $2,000,000 to the SSME program office at 
     Marshall for development of a knowledge management integrated 
     data environment.


                      OFFICE OF INSPECTOR GENERAL

       Appropriates $31,600,000 for the Office of Inspector 
     General as proposed by the Senate, instead of $31,400,000 as 
     proposed by the House. The amount provided includes 
     $3,800,000 to conduct NASA's annual audit of NASA's financial 
     statements.
       The conferees remain concerned that NASA needs to reform 
     its contracting process to ensure timely delivery of both 
     services and hardware. The conferees direct the NASA 
     Inspector General to issue a list of contracting `trouble' 
     areas with recommendations to address these areas. The 
     conferees understand that this is no easy project, but 
     expects NASA and the NASA IG to respond to these concerns 
     with a package of proposed contracting reforms that can begin 
     to be implemented in fiscal year 2005.


                       ADMINISTRATIVE PROVISIONS

       The conferees have included three administrative provisions 
     included in both the House and Senate bills. In addition, the 
     conferees agree to language proposed by the Senate allowing 
     the use of funds for prizes and language allowing for the 
     transfer of funds between the exploration capabilities 
     account and the science, aeronautics, and exploration account 
     subject to established operating plan procedure. The 
     conferees further agree to language proposed by the Senate as 
     a General Provision, with some modifications, which will have 
     the effect of incorporating projects and activities into the 
     text of the bill by reference.

                  National Credit Union Administration


                       CENTRAL LIQUIDITY FACILITY

       Provides limitation of $1,500,000,000 on CLF lending 
     activities from borrowed funds as proposed by the House and 
     Senate.


               COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

       Appropriates $1,000,000 as proposed by the House and the 
     Senate. Within this amount, $800,000 is provided for 
     technical assistance to low-income and community development 
     credit unions. Funds are available for two years as proposed 
     by the House. The Senate had proposed that funds be available 
     until expended. The conferees reiterate language proposed by 
     the Senate encouraging NCUA to continue to develop technical 
     assistance in rural areas.

                      National Science Foundation

       The conferees agree that the language included in House 
     Report 108-674 and Senate Report 108-353 is to be complied 
     with unless specifically addressed to the contrary in this 
     conference report and the statement of the managers.
       The conferees agree that the National Science Foundation is 
     to abide by the reprogramming requirements set forth in the 
     House report requiring prior Committee approval for any 
     transfers in excess of $500,000 or any change that could be 
     construed as policy or a change in policy, instead of 
     $250,000 as proposed in the Senate report.
       The conferees agree that the National Science Foundation is 
     to present its fiscal year 2006 budget justification 
     submission in the traditional appropriations account 
     structure with detailed information on program, project and 
     activity funding levels and all proposed changes. The 
     Foundation is directed not to format or integrate its 
     strategic themes of ``People,'' ``Tools,'' and ``Ideas'' into 
     the detailed appropriations justifications but instead may 
     provide them as supplementary information. The conferees 
     direct the Foundation to submit a template for its fiscal 
     year 2006 budget justification to the Committees on 
     Appropriations of the House and Senate that complies with 
     this direction no later than December 15, 2004.


                    RESEARCH AND RELATED ACTIVITIES

       Appropriates $4,254,593,000 for research and related 
     activities instead of $4,151,745,000 as proposed by the House 
     and $4,402,320,000 as proposed by the Senate.
       The conferees agree to continue funding for the costs of 
     Foundation employees hired under the Intergovernmental 
     Personnel Agreements (IPA) Act under this account instead of 
     consolidating funding for such costs under the Salaries and 
     Expenses account as proposed by the House. New language is 
     included to limit the amount available for such purposes to 
     the amount requested in the Foundation's budget for fiscal 
     year 2005.
       The conferees have included bill language that provides up 
     to $350,000,000 for polar research and operations support, as 
     proposed by the House and $95,000,000 for a comprehensive 
     research initiative on plant genomes for economically 
     significant crops, as proposed by the Senate. Language is 
     also included as proposed by the Senate and carried in 
     previous years regarding distribution of funding against 
     statutory minimum and maximum levels. The House did not 
     include similar language. Language proposed by the Senate is 
     not included authorizing the payment of travel expenses from 
     this account. The House did not include similar language as 
     requested in the budget. The conferees understand that 
     deletion of this language will not impact travel costs 
     associated with Foundation staff hired under the IPA Act 
     since such costs are eligible to be funded under this 
     account.
       Notwithstanding the language in the House and Senate 
     reports designating the allocation of funds, the conferees 
     have agreed that the allocation among programs and 
     directorates is to be determined by the Director of the 
     Foundation, unless specifically noted herein. The Foundation 
     is to submit its proposed operating plan to the Committees on 
     Appropriations of the House and the Senate within 60 days of 
     enactment of this Act that addresses the Foundation's highest 
     research priorities. In developing this plan, the Foundation 
     is urged to maintain the proper balance between 
     interdisciplinary research and single-issue research in core 
     disciplines.
       The conference agreement provides $95,000,000 for plant 
     genome research on economically significant crops as proposed 
     by the Senate. The House did not address this matter.
       The conferees do not object to the allocation of not to 
     exceed $6,000,000 for continued planning and design for the 
     National Ecological Observatory Network if the Director of 
     the Foundation determines such funding is warranted. The 
     conferees reiterate the language in the House report 
     regarding the National Research Council's recommendations 
     regarding this project. The conferees concur that funding 
     provided may be used for a new class of Science and 
     Technology Centers if the Director of the Foundation 
     determines such funding is warranted when measured against 
     other priorities within the agreed upon total for this 
     account.
       The conferees do not object to the allocation of not to 
     exceed $5,000,000 for completion of a design and development 
     study for the Giant Segmented Mirror Telescope if the 
     Director of the Foundation determines such funding is 
     warranted based upon private sector interest and 
     commitment, other astronomical science needs, and subject 
     to approval by the National Science Board.
       The conference agreement does not provide any funding for 
     the new Workforce for the 21st Century program. The 
     Foundation is encouraged to work with the Committees to 
     develop a more refined and descriptive proposal for future 
     consideration.
       The conference agreement does not provide any funding for a 
     new Innovation Fund.
       The conferees understand that discussions between the 
     National Science Foundation

[[Page H10865]]

     and the Smithsonian Institution are ongoing and have been 
     productive. With respect to Smithsonian researchers' access 
     to NSF funding, the Committees expect the Foundation to treat 
     any proposal submitted by non-Federal employees of the 
     Smithsonian whose salaries are not part of appropriated 
     accounts in the same manner as any academic proposal.
       The conferees reiterate the direction in the Senate report 
     requiring NSF to include multi-year budget estimates and 
     future budget impacts for multi-disciplinary and mid-level 
     activities in the annual operating plan and in future budget 
     requests.


          major research equipment and facilities construction

       Appropriates $175,050,000 for major research equipment and 
     facilities construction instead of $208,200,000 as proposed 
     by the House and $130,420,000 as proposed by the Senate. 
     Included within the appropriated amount is $49,700,000 for 
     construction of the Atacama Large Millimeter Array aperture-
     synthesis radio telescope; $47,350,000 for EarthScope; 
     $48,000,000 for continued research and development of the 
     IceCube Neutrino Detector Observatory in Antarctica; 
     $15,000,000 for the Integrated Ocean Drilling Program (IODP); 
     and $15,000,000 for the Rare Symmetry Violating Processes 
     Program.
       Funding for the NEON program is addressed under the 
     Research and Related Activities account.


                     education and human resources

       Appropriates $848,207,000 for education and human resources 
     instead of $842,985,000 as proposed by the House and 
     $929,150,000 as proposed by the Senate.
       The conferees agree to continue funding for the costs of 
     Foundation employees hired under the Intergovernmental 
     Personnel Agreements (IPA) Act under this account instead of 
     consolidating funding for such costs under the Salaries and 
     Expenses account as proposed by the House. New language is 
     included to limit the amount available for such purposes to 
     the amount requested in the Foundation's fiscal year 2005 
     budget. Language is also included as proposed by the Senate 
     and carried in previous years regarding distribution of 
     funding against statutory minimum and maximum levels. The 
     House did not include similar language.
       The conferees agree to the following funding levels and 
     directives within this account:

----------------------------------------------------------------------------------------------------------------
                                                      FY 2005                                       Conference
                     Program                          request          House          Senate         agreement
----------------------------------------------------------------------------------------------------------------
Math & Science Partnership......................     $80,000,000     $82,500,000    $110,000,000     $80,000,000
EPSCoR..........................................      84,000,000      94,440,000      95,000,000      94,440,000
Elementary, Secondary & Informal Education......     172,750,000     175,457,000     187,750,000     183,412,000
Undergraduate Education.........................     158,850,000     160,301,000     162,430,000     154,905,000
Graduate Education..............................     173,880,000     155,950,000     173,880,000     155,950,000
Human Resources Development.....................     107,940,000     115,343,000     126,060,000     119,500,000
Research, Evaluation & Communication............      73,940,000      64,494,000      73,940,000      60,000,000
----------------------------------------------------------------------------------------------------------------

       Within this level of funding for Elementary, Secondary and 
     Informal Education, $63,565,000 has been provided for the 
     Informal Science program.
       Of the amount appropriated for Undergraduate Education, 
     $45,500,000 is for the Advanced Technological Education 
     program; $25,485,000 is for the STEM Talent Expansion Program 
     (STEP); and $7,950,000 is for the Robert Noyce Scholarship 
     Program. No funds are provided for the Workforce for the 21st 
     Century program.
       Within the funding level for Human Resource Development, 
     $35,300,000 is provided for the Louis Stokes Alliances for 
     Minority Participation program; $25,420,000 is provided for 
     the Historically Black Colleges and Universities 
     Undergraduates (HBCU) Program; $14,910,000 is provided for 
     the Alliance for Graduate Education and the Professoriate; 
     $16,000,000 is provided for the Centers of Research 
     Excellence in Science and Technology (CREST) program and HBCU 
     Research University Science and Technology (THRUST) 
     initiative within CREST; $2,510,000 is provided for Model 
     Institutions for Excellence; and $9,920,000 is provided for 
     Tribal Colleges. While the conferees agree that eligibility 
     for THRUST should not exclude CREST recipients, NSF is 
     directed to first use fiscal year 2005 program funds to fully 
     fund multi-year awards to recipients of THRUST.


                         salaries and expenses

       Appropriates $225,000,000 for salaries and expenses instead 
     of $249,970,000 as proposed by the House and $269,000,000 as 
     proposed by the Senate.
       At the request of the Foundation, the conferees have agreed 
     to continue funding the costs of personnel employed by the 
     Foundation under the Intergovernmental Personnel Act (IPA's) 
     under the ``Research and Related Activities'' and the 
     ``Education and Human Resources'' appropriations accounts. 
     These costs have been set within each account at $25,954,000 
     and $5,500,000, respectively. No funding has been included in 
     the ``Salaries and Expenses'' account for this purpose. The 
     conferees note that the $31,454,000 provided for the IPA 
     program in fiscal year 2005 is approximately a 10 percent 
     increase over the fiscal year 2004 level for the program. The 
     conferees are pleased that the Director has assured the 
     Committees that the cost of the IPA program will be shown in 
     a more transparent way in future budget submissions. As a 
     part of this process the conferees expect the fiscal year 
     2006 budget justification materials to include a single 
     consolidated schedule showing all personnel costs for the 
     Foundation.
       The conference agreement provides sufficient resources to 
     maintain existing staffing levels at the Foundation. Within 
     the total amount provided for this account, the Director may, 
     at his discretion, devote additional resources to address 
     permanent staffing at the agency and address computer system 
     needs, particularly for the FastLane system.
       The conferees reiterate the direction in the Senate report 
     regarding staffing support to the Deputy Director of Large 
     Facilities and expect the fiscal year 2005 operating plan to 
     identify the actions taken regarding this matter.

                  Office of the National Science Board

       Appropriates $4,000,000 for the National Science Board as 
     proposed by the Senate, instead of $3,950,000 as proposed by 
     the House.

                      Office of Inspector General

       Appropriates $10,110,000 for the Office of Inspector 
     General as proposed by both the House and the Senate.
       The conferees request that the IG conduct a review of the 
     portion of the Foundation's total budget devoted to 
     administrative and other overhead expenses and how these 
     costs compare to similar costs at other large research 
     agencies.

                 Neighborhood Reinvestment Corporation


          payment to the neighborhood reinvestment corporation

       Appropriates $115,000,000 for the Neighborhood Reinvestment 
     Corporation as proposed by both the House and Senate.
       Language is included in the bill which designates 
     $5,000,000 to support the Corporation's multi-family rental 
     housing program, as proposed by the Senate.

                        Selective Service System


                         salaries and expenses

       Appropriates $26,300,000 for salaries and expenses as 
     proposed by both the House and Senate. The conferees are in 
     agreement that the Selective Service System should not use 
     any of its funds to support the Corporation for National and 
     Community Service.

      White House Commission on the National Moment of Remembrance

       Appropriates $250,000 for this account as proposed by the 
     House. The Senate did not include a similar provision but 
     instead included funding in another bill.

                      TITLE IV--GENERAL PROVISIONS

       The conference agreement includes the following 
     dispositions of General Provisions:
       Retains sixteen general provisions proposed by both the 
     House and the Senate, all of which were included in the 
     fiscal year 2004 Act.
       Includes modified language, similar to language proposed by 
     the House and the Senate, amending Section 313 of the 
     National Space Act of 1958 to implement new appropriations 
     accounts.
       Retains language proposed by the House and the Senate 
     regarding outreach and marketing efforts to enroll veterans 
     in the Veterans Health Administration.
       Retains language proposed by the Senate expressing a Sense 
     of the Congress that no veteran should wait more than thirty 
     days for a doctor's appointment. The House did not include 
     similar language.
       Retains language proposed by the Senate prohibiting the use 
     of any NASA funds to be used for voluntary separation 
     incentive payments if those incentives result in the loss of 
     skills related to the safety of the Space Shuttle or the 
     International Space Station. The House did not include 
     similar language.
       Retains language proposed by the Senate recognizing the six 
     Pioneer Homes in Alaska as eligible for per diem payments 
     under the Department of Veterans Affairs state home program. 
     The House did not include similar language.
       Retains language proposed by the House and the Senate 
     related to benefits to families of astronauts of the Space 
     Shuttle Columbia.
       Retains language proposed by the Senate to amend a 
     provision included in the fiscal year 2004 Act regarding the 
     regulation of engines under 50 horsepower. The House did not 
     include similar language.
       Deletes language proposed by the House providing for 
     expansion of the NASA enhanced use lease demonstration 
     program. The Senate did not include similar language.
       Deletes language under this title proposed by the Senate 
     regarding NASA expenditure of funds and instead includes the 
     provision under NASA Administrative Provisions. The House did 
     not include similar language.
       Deletes language proposed by the Senate prohibiting the use 
     of funds in this or any other Act to implement section 338 of 
     the Department of the Interior appropriations bill. The House 
     did not include similar language.

[[Page H10866]]

       Deletes language proposed by the Senate amending section 
     1502 of the Farm Security and Rural Investment Act of 2002. 
     The House did not include similar language.
       Adds a provision appropriating funds for the reconstruction 
     of Pier 86 in New York City.
       Adds a provision providing compensation funds to the 
     Department of Veterans Affairs.
       Adds a provision exempting the Village of Chickasaw, Ohio 
     from section 102(g)(2) of the Housing and Community 
     Development Act of 1974.

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                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2005 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2004 amount, the 2005 
     budget estimates, and the House and Senate bills for 2005 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2004......$127,683,430
Budget estimates of new (obligational) authority, fiscal yea131,436,824
House bill, fiscal year 2005................................132,238,084
Senate bill, fiscal year 2005...............................134,238,029
Conference agreement, fiscal year 2005......................132,869,084
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2004......+5,185,654
  Budget estimates of new (obligational) authority, fiscal ye+1,432,260
  House bill, fiscal year 2005.................................+631,000
  Senate bill, fiscal year 2005..............................-1,368,945

                       Division J--Other Matters

             Title I--Miscellaneous Provisions and Offsets

       Sec. 101. The conference agreement provides $230,000,000 
     for the weatherization assistance program of the Department 
     of Energy.
       Sec. 102. The conferees have included a new general 
     provision which amends section 1201(a) of Public Law 108-375.
       Sec. 103. The conference agreement includes language in 
     section 103 amending Public Law 108-335 the District of 
     Columbia Appropriations Act, 2005 to allow the following: (1) 
     Permits the District of Columbia Department of Transportation 
     to allocate funds from the rights-of-way fund for road, 
     sidewalk, and alley repairs; (2) makes technical corrections 
     to section 340(a) dealing with charter school lease 
     guarantees; (3) repeals section 342(a) and (b) dealing with 
     charter school conversions; (4) modifies section 342(c) 
     dealing with the leasing and acquisition of surplus property 
     by charter schools; and (5) makes technical corrections to 
     section 347 dealing with charter school contracting.
       Sec. 104. The conferees include a new provision requiring 
     the Coast Guard to transfer up to $40,000,000 from the Rescue 
     21 project to the HH-65 re-engining project. The Rescue 21 
     project is experiencing significant delays due to software 
     and technical difficulties. The HH-65 re-engining project is 
     a critical safety issue. The Coast Guard has indicated that 
     additional funding is required to accelerate the re-engining 
     project and complete the work by the end of calendar year 
     2006. Bill language requires the Coast Guard to notify the 
     House and Senate Committees on Appropriations 15 days prior 
     to the transfer occurring.
       Sec. 105. The conferees include a new provision extending 
     the authorization of the National Pre-Disaster Mitigation 
     program to December 31, 2005.
       Sec. 106. The conferees include a new provision clarifying 
     how funding shall be spent by the Transportation Security 
     Administration's maritime and land security program in fiscal 
     year 2005.
       Sec. 107. The conference agreement includes the following 
     technical correction to the Military Construction 
     Appropriations Act, 2005:


                              Mississippi

Navy: Gulfport, Vehicle Maintenance Facility................-$4,350,000
Naval Reserve: Gulfport, Vehicle Maintenance Facility.......+4,350,000.

       Sec. 108. The conferees agree to include a new general 
     provision, section 108, which provides the Department of the 
     Navy with $2,000,000 to acquire an historic vessel, with 
     Coast Guard registration number 225115.
       Sec. 122. The conference agreement includes a 0.83 percent 
     across-the-board rescission to discretionary budgetary 
     resources provided in fiscal year 2005 regular appropriations 
     Act (except Defense, Military Construction, and Homeland 
     Security), as well as to any previously enacted fiscal year 
     2005 advance appropriation and to any contract authority 
     subject to limitation.

                           TAPS Quality Bank

       Congress has concerns regarding the Federal Energy 
     Regulatory Commission Administrative Law Judge's decision 
     dated August 31, 2004 in Docket No. OR89-2-017; Docket No. 
     OR96-14-006; Docket No. OR98-24-002; Docket No. ISO3-137-001; 
     Docket No. ISO3-141-001; Docket No. ISO3-142-001; Docket No. 
     ISO3-143-001; Docket No. ISO3-144-001. Considering the 
     specific equities of this case, the general importance of 
     continued domestic refinery activity in order to protect 
     national fuel supplies and the need to limit business 
     uncertainty associated with the use of the Trans Alaska 
     Pipeline System, Congress expects the Federal Energy 
     Regulatory Commission to evaluate carefully the disputed 
     Resid valuation and related retroactive Resid refund matter 
     affecting the TAPS Quality Bank Adjustments. Except where the 
     parties have otherwise stipulated, Congress is particularly 
     concerned about the equity of assigning retroactive refunds 
     beyond a term of 15 months.
       The term ``TAPS Quality Bank Adjustments'' means monetary 
     adjustments paid by or to shippers of oil on the Trans Alaska 
     Pipeline System through the operation of a quality bank to 
     compensation for the value of the shippers, oil commingled in 
     the pipeline.

     Jim Kolbe,
     Joe Knollenberg,
     Jerry Lewis,
     Roger F. Wicker,
     Henry Bonilla,
     David Vitter,
     Mark Steven Kirk,
     Ander Crenshaw,
     Bill Young,
     Ralph Regula,
     David L. Hobson,
     Steven R. Rothman,
                                Managers on the Part of the House.

     Mitch McConnell,
     Thad Cochran,
     Judd Gregg,
     Richard C. Shelby,
     Robert F. Bennett,
     Ben Nighthorse Campbell,
     Christopher S. Bond,
     Mike DeWine,
     Ted Stevens,
                               Managers on the Part of the Senate.