    [108th Congress Public Law 447]
    [From the U.S. Government Publishing Office]

    <DOC>
    [DOCID: f:publ447.108]

    [[Page 118 STAT. 2809]]

    Public Law 108-447
    108th Congress

                                     An Act

      Making appropriations for foreign operations, export financing, and
    related programs for the fiscal year ending September 30, 2005, and for
             other purposes. <<NOTE: Dec. 8, 2004 -  [H.R. 4818]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Consolidated
    Appropriations Act, 2005.>>

    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

    [[Page 118 STAT. 2810]]

    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. <<NOTE: 1 USC 1 note.>>

        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.

    [[Page 118 STAT. 2811]]

       DIVISION A-- <<NOTE: Agriculture, Rural Development, Food and Drug
            Administration, and Related Agencies Appropriations Act,
     2005.>> AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
    AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

                                     TITLE I

                              AGRICULTURAL PROGRAMS

                      Production, Processing, and Marketing

                             Office of the Secretary

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

                              Executive Operations

                                 Chief Economist

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

                            National Appeals Division

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

                      Office of Budget and Program Analysis

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

                             Homeland Security Staff

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

                     Office of the Chief Information Officer

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

                          Common Computing Environment

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

    [[Page 118 STAT. 2812]]

    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, <<NOTE: Notice.>> 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.

    [[Page 118 STAT. 2813]]

                         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, <<NOTE: Deadline. Notification.>> 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.

    [[Page 118 STAT. 2814]]

                         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

    [[Page 118 STAT. 2815]]

    or interests transferred out of Federal ownership, $1,110,887,000:
    Provided, <<NOTE: 7 USC 2254.>> That appropriations hereunder shall be
    available for the operation and maintenance of aircraft and the purchase
    of not to exceed one for replacement only: Provided further, That
    appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
    for the construction, alteration, and repair of buildings and
    improvements, but unless otherwise provided, the cost of constructing
    any one building shall not exceed $375,000, except for headhouses or
    greenhouses which shall each be limited to $1,200,000, and except for 10
    buildings to be constructed or improved at a cost not to exceed $750,000
    each, and the cost of altering any one building during the fiscal year
    shall not exceed 10 percent of the current replacement value of the
    building or $375,000, whichever is greater: Provided further, That the
    limitations on alterations contained in this Act shall not apply to
    modernization or replacement of existing facilities at Beltsville,
    Maryland: Provided further, That appropriations hereunder shall be
    available for granting easements at the Beltsville Agricultural Research
    Center: Provided further, That the foregoing limitations shall not apply
    to replacement of buildings needed to carry out the Act of April 24,
    1948 (21 U.S.C. 113a): Provided further, That funds may be received from
    any State, other political subdivision, organization, or individual for
    the purpose of establishing or operating any research facility or
    research project of the Agricultural Research Service, as authorized by
    law: Provided further, That all rights and title of the United States in
    the 1.0664-acre parcel of land including improvements, as recorded at
    Book 1320, Page 253, records of Larimer County, State of Colorado, shall
    be conveyed to the Board of Governors of the Colorado State University
    for the benefit of Colorado State University.

        None of the funds appropriated under this heading shall be available
    to carry out research related to the production, processing, or
    marketing of tobacco or tobacco products.

                            Buildings and Facilities

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

          Cooperative State Research, Education, and Extension Service

                        Research and Education Activities

        For payments to agricultural experiment stations, for cooperative
    forestry and other research, for facilities, and for other expenses,
    $660,781,000, as follows: to carry out the provisions of the Hatch Act
    of 1887 (7 U.S.C. 361a-i), $180,148,000; for grants for cooperative
    forestry research (16 U.S.C. 582a through a-7), $22,384,000; for
    payments to the 1890 land-grant colleges, including Tuskegee University
    and West Virginia State University (7 U.S.C. 3222), $37,000,000, of
    which $1,507,496 shall be made available only for the purpose of
    ensuring that each institution shall receive no less than $1,000,000;
    for special grants for agricultural research (7 U.S.C. 450i(c)),
    $121,284,000; for special grants for agricultural

    [[Page 118 STAT. 2816]]

    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.

    [[Page 118 STAT. 2817]]

    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.

    [[Page 118 STAT. 2818]]

                   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

    [[Page 118 STAT. 2819]]

    to notification to the Committees on Appropriations which shall include
    a detailed explanation of the components of such system.
        In fiscal year 2005, the agency is authorized to collect fees to
    cover the total costs of providing technical assistance, goods, or
    services requested by States, other political subdivisions, domestic and
    international organizations, foreign governments, or individuals,
    provided that such fees are structured such that any entity's liability
    for such fees is reasonably based on the technical assistance, goods, or
    services provided to the entity by the agency, and such fees shall be
    credited to this account, to remain available until expended, without
    further appropriation, for providing such assistance, goods, or
    services.

                            Buildings and Facilities

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

                         Agricultural Marketing Service

                               Marketing Services

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

                      limitation on administrative expenses

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

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

                         (including transfers of funds)

        Funds available under section 32 of the Act of August 24, 1935 (7
    U.S.C. 612c), shall be used only for commodity program expenses as
    authorized therein, and other related operating expenses, except for:
    (1) transfers to the Department of Commerce as authorized by the Fish
    and Wildlife Act of August 8, 1956;

    [[Page 118 STAT. 2820]]

    (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,

    [[Page 118 STAT. 2821]]

    That <<NOTE: Notification.>> 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).

    [[Page 118 STAT. 2822]]

               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, <<NOTE: Notification. Deadline.>> 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 118 STAT. 2823]]

                     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.

    [[Page 118 STAT. 2824]]

    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-

    [[Page 118 STAT. 2825]]

    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, <<NOTE: Contracts.>> 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.

    [[Page 118 STAT. 2826]]

                       Rural Community Advancement Program

                         (including transfers of funds)

        For the cost of direct loans, loan guarantees, and grants, as
    authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
    sections 381E-H and 381N of the Consolidated Farm and Rural Development
    Act, $716,049,000, to remain available until expended, of which
    $89,180,000 shall be for rural community programs described in section
    381E(d)(1) of such Act; of which $552,689,000 shall be for the rural
    utilities programs described in sections 381E(d)(2), 306C(a)(2), and
    306D of such Act, of which not to exceed $500,000 shall be available for
    the rural utilities program described in section 306(a)(2)(B) of such
    Act, and of which not to exceed $1,000,000 shall be available for the
    rural utilities program described in section 306E of such Act; and of
    which $74,180,000 shall be for the rural business and cooperative
    development programs described in sections 381E(d)(3) and 310B(f) of
    such Act: Provided, That of the total amount appropriated in this
    account, $25,000,000 shall be for loans and grants to benefit Federally
    Recognized Native American Tribes, including grants for drinking water
    and waste disposal systems pursuant to section 306C of such Act, of
    which $4,500,000 shall be available for community facilities grants to
    tribal colleges, as authorized by section 306(a)(19) of the Consolidated
    Farm and Rural Development Act, and of which $250,000 shall be available
    for a grant to a qualified national organization to provide technical
    assistance for rural transportation in order to promote economic
    development: Provided further, That of the amount appropriated for rural
    community programs, $6,350,000 shall be available for a Rural Community
    Development Initiative: Provided further, That such funds shall be used
    solely to develop the capacity and ability of private, nonprofit
    community-based housing and community development organizations, low-
    income rural communities, and Federally Recognized Native American
    Tribes to undertake projects to improve housing, community facilities,
    community and economic development projects in rural areas: Provided
    further, That such funds shall be made available to qualified private,
    nonprofit and public intermediary organizations proposing to carry out a
    program of financial and technical assistance: Provided further, That
    such intermediary organizations shall provide matching funds from other
    sources, including Federal funds for related activities, in an amount
    not less than funds provided: Provided further, That of the amount
    appropriated for the rural business and cooperative development
    programs, not to exceed $500,000 shall be made available for a grant to
    a qualified national organization to provide technical assistance for
    rural transportation in order to promote economic development;
    $1,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C.
    1921 et seq.) for any purpose under this heading: Provided further, That
    of the amount appropriated for rural utilities programs, not to exceed
    $25,000,000 shall be for water and waste disposal systems to benefit the
    Colonias along the United States/Mexico border, including grants
    pursuant to section 306C of such Act; not to exceed $26,000,000 shall be
    for water and waste disposal systems for rural and native villages in
    Alaska pursuant to section 306D of such Act, with up to 2 percent
    available to administer the program and/or improve interagency
    coordination may be transferred to and merged with the appropriation for
    ``Rural Development, Salaries

    [[Page 118 STAT. 2827]]

    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

    [[Page 118 STAT. 2828]]

    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,

    [[Page 118 STAT. 2829]]

    That of this amount, $5,900,000 shall be available for debt forgiveness
    or payments for eligible households as authorized by section
    502(c)(5)(D) of the Act, and not to exceed $20,000 per project for
    advances to nonprofit organizations or public agencies to cover direct
    costs (other than purchase price) incurred in purchasing projects
    pursuant to section 502(c)(5)(C) of the Act: Provided further, That
    agreements entered into or renewed during the current fiscal year shall
    be funded for a four-year period: Provided further, That any unexpended
    balances remaining at the end of such four-year agreements may be
    transferred and used for the purposes of any debt reduction;
    maintenance, repair, or rehabilitation of any existing projects;
    preservation; and rental assistance activities authorized under title V
    of the Act.

                       Mutual and Self-Help Housing Grants

        For grants and contracts pursuant to section 523(b)(1)(A) of the
    Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available
    until expended: Provided, That of the total amount appropriated,
    $1,000,000 shall be available through June 30, 2005, for authorized
    empowerment zones and enterprise communities and communities designated
    by the Secretary of Agriculture as Rural Economic Area Partnership
    Zones.

                         Rural Housing Assistance Grants

        For grants and contracts for very low-income housing repair,
    supervisory and technical assistance, compensation for construction
    defects, and rural housing preservation made by the Rural Housing
    Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
    $43,992,000, to remain available until expended: Provided, That
    $3,000,000 shall be made available for loans to private non-profit
    organizations, or such non-profit organizations' affiliate loan funds
    and State housing finance agencies, to carry out a housing demonstration
    program to provide revolving loans for the preservation of low-income
    multi-family housing projects: Provided further, That loans under such
    demonstration program shall have an interest rate of not more than 1
    percent direct loan to the recipient: Provided further, That the
    Secretary may defer the interest and principal payment to the Rural
    Housing Service for up to 3 years and the term of such loans shall not
    exceed 30 years: Provided further, That of the total amount
    appropriated, $1,800,000 shall be available through June 30, 2005, for
    authorized empowerment zones and enterprise communities and communities
    designated by the Secretary of Agriculture as Rural Economic Area
    Partnership Zones.

                           farm labor program account

        For the cost of direct loans, grants, and contracts, as authorized
    by 42 U.S.C. 1484 and 1486, $34,118,000, to remain available until
    expended, for direct farm labor housing loans and domestic farm labor
    housing grants and contracts.

    [[Page 118 STAT. 2830]]

                       Rural Business--Cooperative Service

                   Rural Development Loan Fund Program Account

                          (including transfer of funds)

        For the principal amount of direct loans, as authorized by the Rural
    Development Loan Fund (42 U.S.C. 9812(a)), $34,213,000.
        For the cost of direct loans, $15,868,000, as authorized by the
    Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
    shall be available through June 30, 2005, for Federally Recognized
    Native American Tribes and of which $3,449,000 shall be available
    through June 30, 2005, for Mississippi Delta Region counties (as
    determined in accordance with Public Law 100-460): Provided, That of
    such amount made available, the Secretary may provide up to $1,500,000
    for the Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided
    further, That such costs, including the cost of modifying such loans,
    shall be as defined in section 502 of the Congressional Budget Act of
    1974: Provided further, That of the total amount appropriated,
    $2,447,000 shall be available through June 30, 2005, for the cost of
    direct loans for authorized empowerment zones and enterprise communities
    and communities designated by the Secretary of Agriculture as Rural
    Economic Area Partnership Zones.
        In addition, for administrative expenses to carry out the direct
    loan programs, $4,316,000 shall be transferred to and merged with the
    appropriation for ``Rural Development, Salaries and Expenses''.

                Rural Economic Development Loans Program Account

                         (including rescission of funds)

        For the principal amount of direct loans, as authorized under
    section 313 of the Rural Electrification Act, for the purpose of
    promoting rural economic development and job creation projects,
    $25,003,000.
        For the cost of direct loans, including the cost of modifying loans
    as defined in section 502 of the Congressional Budget Act of 1974,
    $4,698,000, to remain available until expended.
        Of the funds derived from interest on the cushion of credit payments
    in the current fiscal year, as authorized by section 313 of the Rural
    Electrification Act of 1936, $4,698,000 shall not be obligated and
    $4,698,000 are rescinded.

                      Rural Cooperative Development Grants

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

    [[Page 118 STAT. 2831]]

            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''.

    [[Page 118 STAT. 2832]]

                      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.

    [[Page 118 STAT. 2833]]

                                    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.

    [[Page 118 STAT. 2834]]

                               Food Stamp Program

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

                          Commodity Assistance Program

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

                        nutrition programs administration

        For necessary administrative expenses of the domestic nutrition
    assistance programs funded under this Act, $139,937,000, of which
    $5,000,000 shall be available only for simplifying procedures, reducing
    overhead costs, tightening regulations, improving food

    [[Page 118 STAT. 2835]]

    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

    [[Page 118 STAT. 2836]]

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

                         Public Law 480 Title II Grants

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

            Commodity Credit Corporation Export Loans Program Account

                         (including transfers of funds)

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

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

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

                                    TITLE VI

                RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Food and Drug Administration

                              Salaries and Expenses

        For necessary expenses of the Food and Drug Administration,
    including hire and purchase of passenger motor vehicles; for payment of
    space rental and related costs pursuant to Public Law 92-313 for
    programs and activities of the Food and Drug Administration which are
    included in this Act; for rental of special purpose space in the
    District of Columbia or elsewhere; for miscellaneous and emergency
    expenses of enforcement activities, authorized and

    [[Page 118 STAT. 2837]]

    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

    [[Page 118 STAT. 2838]]

    include multiple year leases) in the District of Columbia and elsewhere,
    $94,327,000, including not to exceed $3,000 for official reception and
    representation expenses.

                           Farm Credit Administration

                      Limitation on Administrative Expenses

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

                          TITLE VII--GENERAL PROVISIONS

        Sec. 701. Within the unit limit of cost fixed by law, appropriations
    and authorizations made for the Department of Agriculture for the
    current fiscal year under this Act shall be available for the purchase,
    in addition to those specifically provided for, of not to exceed 388
    passenger motor vehicles, of which 388 shall be for replacement only,
    and for the hire of such vehicles.
        Sec. 702. Funds in this Act available to the Department of
    Agriculture shall be available for uniforms or allowances therefor as
    authorized by law (5 U.S.C. 5901-5902).
        Sec. 703. Funds appropriated by this Act shall be available for
    employment pursuant to the second sentence of section 706(a) of the
    Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5
    U.S.C. 3109.
        Sec. 704. <<NOTE: 7 USC 2209b.>> 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,

    [[Page 118 STAT. 2839]]

    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

    [[Page 118 STAT. 2840]]

    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

    [[Page 118 STAT. 2841]]

    on Appropriations of both Houses of Congress are notified 15 days in
    advance of such reprogramming of funds.
        (b) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Notification.>> The Secretary of Agriculture, the
    Secretary of Health and Human Services, or the Chairman of the Commodity
    Futures Trading Commission shall notify the Committees on Appropriations
    of both Houses of Congress before implementing a program or activity not
    carried out during the previous fiscal year unless the program or
    activity is funded by this Act or specifically funded by any other Act.

        Sec. 720. With the exception of funds needed to administer and
    conduct oversight of grants awarded and obligations incurred in prior
    fiscal years, none of the funds appropriated or otherwise made available
    by this or any other Act may be used to pay the salaries and expenses of
    personnel to carry out the provisions of section 401 of Public Law 105-
    185, the Initiative for Future Agriculture and Food Systems (7 U.S.C.
    7621).
        Sec. 721. None of the funds appropriated by this or any other Act
    shall be used to pay the salaries and expenses of personnel who prepare
    or submit appropriations language as part of the President's Budget
    submission to the Congress of the United States for programs under the
    jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies that
    assumes revenues or reflects a reduction from the previous year due to
    user fees proposals that have not been enacted into law prior to the
    submission of the Budget unless such Budget submission identifies which
    additional spending reductions should occur in the event the user fees
    proposals are not enacted prior to the date of the convening of a
    committee of conference for the fiscal year 2006 appropriations Act.
        Sec. 722. None of the funds made available by this or any other Act
    may be used to close or relocate a State Rural Development office unless
    or until cost effectiveness and enhancement of program delivery have
    been determined.
        Sec. 723. In addition to amounts otherwise appropriated or made
    available by this Act, $2,500,000 is appropriated for the purpose of
    providing Bill Emerson and Mickey Leland Hunger Fellowships, through the
    Congressional Hunger Center.
        Sec. 724. Notwithstanding section 412 of the Agricultural Trade
    Development and Assistance Act of 1954 (7 U.S.C. 1736f), any

    [[Page 118 STAT. 2842]]

    balances available to carry out title III of such Act as of the date of
    enactment of this Act, and any recoveries and reimbursements that become
    available to carry out title III of such Act, may be used to carry out
    title II of such Act.
        Sec. 725. Section 375(e)(6)(B) of the Consolidated Farm and Rural
    Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking
    ``$26,998,000'' and inserting ``$27,998,000''.
        Sec. 726. (a) None of the funds appropriated or otherwise made
    available by this Act shall be used to pay the salaries and expenses of
    personnel to collect from the lender at the time of issuance a guarantee
    fee of less than 2 percent of the principal obligation of guaranteed
    single-family housing loans administered by the Rural Housing Service:
    Provided, That this section shall not apply to loans made to refinance
    other single-family housing loans administered by the Rural Housing
    Service.
        (b) Section 502(h)(6)(C) of the Housing Act of 1949 (42 U.S.C.
    1472(h)(6)(C)) is amended by inserting ``, plus the guarantee fee as
    authorized by subsection (h)(7)'' after ``whichever is less'', in each
    of paragraphs (i) and (ii).
        Sec. 727. <<NOTE: State listing.>> 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

    [[Page 118 STAT. 2843]]

            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. <<NOTE: HIV/AIDS.>> 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

    [[Page 118 STAT. 2844]]

    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. <<NOTE: Firearms. 7 USC 2274a.>> 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

    [[Page 118 STAT. 2845]]

    and expenses of personnel to expend the $23,000,000 made available by
    section 9006(f) of the Farm Security and Rural Investment Act of 2002 (7
    U.S.C. 8106(f)).
        Sec. 744. With the exception of funds provided in fiscal year 2003,
    none of the funds appropriated or otherwise made available by this or
    any other Act shall be used to pay the salaries and expenses of
    personnel to expend the $40,000,000 made available by section
    601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C.
    950bb(j)(1)(A)).
        Sec. 745. None of the funds made available in fiscal year 2005 or
    preceding fiscal years for programs authorized under the Agricultural
    Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
    excess of $20,000,000 shall be used to reimburse the Commodity Credit
    Corporation for the release of eligible commodities under section
    302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-
    1): Provided, That any such funds made available to reimburse the
    Commodity Credit Corporation shall only be used pursuant to section
    302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
        Sec. 746. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel to expend the $80,000,000 made available by section 6401(a)
    of Public Law 107-171.
        Sec. 747. Notwithstanding subsections (c) and (e)(2) of section 313A
    of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
    implementing section 313A of that Act, the Secretary shall, with the
    consent of the lender, structure the schedule for payment of the annual
    fee, not to exceed an average of 30 basis points per year for the term
    of the loan, to ensure that sufficient funds are available to pay the
    subsidy costs for note guarantees under that section.
        Sec. 748. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service may provide from appropriated funds
    financial and technical assistance to the Dry Creek project, Utah.
        Sec. 749. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel to carry out a Conservation Security Program authorized by
    16 U.S.C. 3838 et seq., in excess of $202,411,000.
        Sec. 750. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel to carry out section 2502 of Public Law 107-171 in excess
    of $47,000,000.
        Sec. 751. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel to carry out section 2503 of Public Law 107-171 in excess
    of $112,000,000.
        Sec. 752. The Secretary of Agriculture shall use $30,000,000 of the
    funds of the Commodity Credit Corporation, to remain available until
    expended, to compensate commercial citrus and lime growers in the State
    of Florida for tree replacement and for lost production with respect to
    trees removed to control citrus canker, and with respect to certified
    citrus nursery stocks within the citrus canker quarantine areas, as
    determined by the Secretary. For a grower to receive assistance for a
    tree under this section, the tree must have been removed after September
    30, 2001.

    [[Page 118 STAT. 2846]]

        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

    [[Page 118 STAT. 2847]]

    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. <<NOTE: 42 USC 1472 note.>>  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

    [[Page 118 STAT. 2848]]

            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. <<NOTE: Contracts.>> Notwithstanding the provisions of the
    Consolidated Farm and Rural Development Act (including the associated
    regulations) governing the Community Facilities Program, the Secretary
    may allow all Community Facility Program facility borrowers and grantees
    to enter into contracts with not-for-profit third parties for services
    consistent with the requirements of the Program, grant, and/or loan:
    Provided, That the contracts protect the interests of the Government
    regarding cost, liability, maintenance, and administrative fees.

        Sec. 771. Notwithstanding any other provision of law, the Secretary
    of Agriculture is authorized to make funding and other assistance
    available through the emergency watershed protection program under
    section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
    repair and prevent damage to non-Federal

    [[Page 118 STAT. 2849]]

    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.

    [[Page 118 STAT. 2850]]

        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--

    [[Page 118 STAT. 2851]]

                        (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) <<NOTE: 42 USC 1758.>> 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 <<NOTE: 42 USC 1754 note.>> (Public Law 108-265) is
    amended--
                (1) in paragraph (2), by striking ``203(e)(5),''; and
                (2) in paragraph (4), by striking ``104'' and inserting
            ``104 (other than section 104(a)(1))''.

        Sec. 789. Section 104 of chapter 1 of the Emergency Supplemental
    Appropriations for Hurricane Disasters Assistance Act, 2005, <<NOTE: 15
    USC 720b.>> 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

    [[Page 118 STAT. 2852]]

    Domestic Allotment Act (16 U.S.C. 590p(b)); the Forestry Incentives
    Program authorized by section 4 and section 6 of the Cooperative
    Forestry Assistance Act of 1978 (16 U.S.C. 2103); The Water Bank Program
    authorized by The Water Bank Act of 1970 (Public Law 91-559); and
    funding for the John's Creek, TN Watershed and Flood Prevention
    Operations project are hereby rescinded.
        Sec. 793. There is hereby appropriated $2,250,000, to remain
    available until expended, for a grant to the Wisconsin Federation of
    Cooperatives for pilot Wisconsin-Minnesota health care cooperative
    purchasing alliances.
        Sec. 794. (a) Section 1240B of the Food Security Act of 1985, 16
    U.S.C. 3839 aa-2, is amended at the end by adding the following:
        ``(h) Funding for Federally Recognized Native American Indian Tribes
    and Alaska Native Corporations.--The Secretary may enter into
    alternative funding arrangements with federally recognized Native
    American Indian Tribes and Alaska Native Corporations (including their
    affiliated membership organizations) if the Secretary determines that
    the goals and objectives of the program will be met by such
    arrangements, and that statutory limitations regarding contracts with
    individual producers as defined under this Subtitle will not be exceeded
    by any Tribal or Native Corporation member.''.
        (b) Section 1240G of the Food Security Act of 1985, 16 U.S.C.
    3839aa-7, is amended by inserting after ``2007,'' the following:
    ``(excluding funding arrangements with federally recognized Native
    American Indian Tribes or Alaska Native Corporations under section
    1240B(h))''.
        Sec. 795. There is hereby appropriated $6,000,000, to remain
    available until expended, for a grant to the Florida Department of
    Citrus.
        Sec. 796 Notwithstanding any other provision of law, effective with
    funds made available in fiscal year 2004 to States administering the
    Child and Adult Care Food Program, for the purpose of conducting audits
    of participating institutions, funds identified by the Secretary as
    having been unused during the initial fiscal year of availability may be
    recovered and reallocated by the Secretary: Provided, That States may
    use the reallocated funds until expended for the purpose of conducting
    audits of participating institutions.
        Sec. 797. Section 1238Q <<NOTE: 16 USC 3838q.>> of the Food Security
    Act of 1985 is amended--
                (1) in subsection (a), by striking ``permit'' and inserting
            ``transfer title of ownership to an easement under this
            subchapter to''; and
                (2) by striking subsection (d) and inserting the following
            new subsection:

        ``(d) Transfer of Title of Ownership of Easement.--Reversion--If a
    private organization or State agency holding an easement on land under
    this subchapter dissolves or fails to enforce the terms of the easement,
    the easement shall revert to the Secretary.''.
        This division may be cited as the ``Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations Act,
    2005''.

    [[Page 118 STAT. 2853]]

     DIVISION B-- <<NOTE: Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 2005.>> DEPARTMENTS
      OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES
    APPROPRIATIONS ACT, 2005

       TITLE <<NOTE: Department of Justice Appropriations Act, 2005.>> 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

    [[Page 118 STAT. 2854]]

    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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 2855]]

    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.

    [[Page 118 STAT. 2856]]

                        united states trustee system fund

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

           salaries and expenses, foreign claims settlement commission

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

                         United States Marshals Service

                              salaries and expenses

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

                                  construction

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

                         fees and expenses of witnesses

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

    [[Page 118 STAT. 2857]]

    automated information network to store and retrieve the identities and
    locations of protected witnesses.

               salaries and expenses, community relations service

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

                             assets forfeiture fund

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

              payment to radiation exposure compensation trust fund

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

                           Interagency Law Enforcement

                     interagency Crime and Drug Enforcement

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

                         Federal Bureau of Investigation

                              salaries and expenses

        For necessary expenses of the Federal Bureau of Investigation for
    detection, investigation, and prosecution of crimes against the United
    States; including purchase for police-type use of not to exceed 2,988
    passenger motor vehicles, of which 2,619 will be for replacement only;
    and not to exceed $70,000 to meet unforeseen emergencies of a
    confidential character pursuant to 28 U.S.C. 530C, $5,205,028,000; of
    which not to exceed $150,000,000 shall remain

    [[Page 118 STAT. 2858]]

    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.

    [[Page 118 STAT. 2859]]

               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, <<NOTE: 18 USC 923 note.>> 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

    [[Page 118 STAT. 2860]]

    of Alcohol, Tobacco, Firearms, and Explosives to enforce the provisions
    of that chapter, or a review of such an action or proceeding; except
    that this proviso shall not be construed to prevent the disclosure of
    statistical information concerning total production, importation, and
    exportation by each licensed importer (as defined in section 921(a)(9)
    of such title) and licensed manufacturer (as defined in section
    921(a)(10) of such title): Provided further, That no funds made
    available by this or any other Act shall be expended to promulgate or
    implement any rule requiring a physical inventory of any business
    licensed under section 923 of title 18, United States Code: Provided
    further, That no funds under this Act may be used to electronically
    retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or
    any personal identification code: Provided further, That no funds
    authorized or made available under this or any other Act may be used to
    deny any application for a license under section 923 of title 18, United
    States Code, or renewal of such a license due to a lack of business
    activity, provided that the applicant is otherwise eligible to receive
    such a license, and is eligible to report business income or to claim an
    income tax deduction for business expenses under the Internal Revenue
    Code of 1986: Provided further, That of the total amount provided under
    this paragraph, $5,600,000 shall be for the construction and
    establishment of the Federal Firearms Licensing Center at the Bureau of
    Alcohol, Tobacco, Firearms and Explosives National Tracing Center
    Facility and shall remain available until expended.

                              Federal Prison System

                              Salaries and Expenses

        For expenses necessary of the Federal Prison System for the
    administration, operation, and maintenance of Federal penal and
    correctional institutions, including purchase (not to exceed 780, of
    which 649 are for replacement only) and hire of law enforcement and
    passenger motor vehicles, and for the provision of technical assistance
    and advice on corrections related issues to foreign governments,
    $4,627,696,000: Provided, <<NOTE: 42 USC 250a.>> 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

    [[Page 118 STAT. 2861]]

    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'');

    [[Page 118 STAT. 2862]]

    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: <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 2863]]

                           Office of Justice Programs

                               Justice Assistance

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

                   STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Violent Crime Control and Law Enforcement Act of 1994
    (Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
    Safe Streets Act of 1968 (``the 1968 Act''); the Victims of Trafficking
    and Violence Protection Act of 2000 (Public Law 106-386); and other
    programs; $1,295,510,000 (including amounts for administrative costs,
    which shall be transferred to and merged with the ``Justice Assistance''
    account): Provided, That funding provided under this heading shall
    remain available until expended, as follows--
                (1) $634,000,000 for the Edward Byrne Memorial Justice
            Assistance Grant program pursuant to the amendments made by
            section 201 of H.R. 3036 of the 108th Congress, as passed by the
            House of Representatives on March 30, 2004 (except that the
            special rules for Puerto Rico established pursuant to such
            amendments shall not apply for purposes of this Act), of which--
                        (A) $85,000,000 shall be for Boys and Girls Clubs in
                    public housing facilities and other areas in cooperation
                    with State and local law enforcement, as authorized by
                    section 401 of Public Law 104-294 (42 U.S.C. 13751
                    note);
                        (B) $10,000,000 shall be available for the National
                    Institute of Justice in assisting units of local
                    government to identify, select, develop, modernize, and
                    purchase new technologies for use by law enforcement;
                    and
                        (C) $2,500,000 for USA Freedom Corps activities;
                (2) $305,000,000 for the State Criminal Alien Assistance
            Program, as authorized by section 242(j) of the Immigration and
            Nationality Act;
                (3) $30,000,000 is for the Southwest Border Prosecutor
            Initiative to reimburse State, county, parish, tribal, or
            municipal governments only for costs associated with the
            prosecution of criminal cases declined by local United States
            Attorneys offices;
                (4) $18,000,000 for assistance to Indian tribes, of which--
                        (A) $5,000,000 shall be available for grants under
                    section 20109(a)(2) of subtitle A of title II of the
                    1994 Act;
                        (B) $8,000,000 shall be available for the Tribal
                    Courts Initiative; and
                        (C) $5,000,000 shall be available for demonstration
                    projects on alcohol and crime in Indian Country;
                (5) $170,027,000 for discretionary grants authorized by
            subpart 2 of part E, of title I of the 1968 Act, notwithstanding
            the provisions of section 511 of said Act;

    [[Page 118 STAT. 2864]]

                (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

    [[Page 118 STAT. 2865]]

    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.);

    [[Page 118 STAT. 2866]]

                (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.

    [[Page 118 STAT. 2867]]

                         Public Safety Officers Benefits

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

                    General Provisions--Department of Justice

        Sec. 101. In addition to amounts otherwise made available in this
    title for official reception and representation expenses, a total of not
    to exceed $60,000 from funds appropriated to the Department of Justice
    in this title shall be available to the Attorney General for official
    reception and representation expenses.
        Sec. 102. None of the funds appropriated by this title shall be
    available to pay for an abortion, except where the life of the mother
    would be endangered if the fetus were carried to term, or in the case of
    rape: Provided, That should this prohibition be declared
    unconstitutional by a court of competent jurisdiction, this section
    shall be null and void.
        Sec. 103. None of the funds appropriated under this title shall be
    used to require any person to perform, or facilitate in any way the
    performance of, any abortion.
        Sec. 104. Nothing in the preceding section shall remove the
    obligation of the Director of the Bureau of Prisons to provide escort
    services necessary for a female inmate to receive such service outside
    the Federal facility: Provided, That nothing in this section in any way
    diminishes the effect of section 103 intended to address the
    philosophical beliefs of individual employees of the Bureau of Prisons.
        Sec. 105. Authorities contained in the 21st Century Department of
    Justice Appropriations Authorization Act (Public Law 107-273) shall
    remain in effect until the effective date of a subsequent Department of
    Justice appropriations authorization Act.
        Sec. 106. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Justice in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 605 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section: Provided further, That none of the funds
    appropriated to ``Buildings and Facilities, Federal Prison System'' in
    this or any other Act may be transferred to ``Salaries and Expenses,
    Federal Prison System'', or any other Department of Justice account,
    unless the President certifies that such a transfer is necessary to the
    national security interests of the United States, and such authority
    shall not be delegated, and shall be subject to section 605 of this Act.
        Sec. 107. Section 114 of Public Law 107-77 shall remain in effect
    during fiscal year 2005.

    [[Page 118 STAT. 2868]]

        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. <<NOTE: 5 USC 3104 note.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Applicability.>> 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'. <<NOTE: Termination date.>> 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) <<NOTE: Applicability.>> 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'. <<NOTE: Termination date.>> 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

    [[Page 118 STAT. 2869]]

                ``(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:

    [[Page 118 STAT. 2870]]

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

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

        Sec. 115. Section 5377(a)(2) of title 5, United States Code, is
    amended--
                (1) by striking ``and'' at the end of subparagraph (E);
                (2) by striking the period at the end of subparagraph (F)
            and inserting ``; and''; and
                (3) by inserting after subparagraph (F) the following:
                        ``(G) a position at the Federal Bureau of
                    Investigation, the primary duties and responsibilities
                    of which relate to intelligence functions (as determined
                    by the Director of the Federal Bureau of
                    Investigation).''.

        Sec. 116. <<NOTE: 28 USC 533 note.>> 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. <<NOTE: 31 USC 1344 and note.>> 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''. <<NOTE: Effective date.>> This amendment shall take effect
    as if enacted on January 1, 2004.

        Sec. 118. <<NOTE: Deadline.>> 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).

    [[Page 118 STAT. 2871]]

        Sec. 123. The Prison Rape Elimination Act of 2003 is amended--
                (1) in section <<NOTE: 42 USC 15606.>> 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. <<NOTE: President. Medals. 31 USC 5111 note.>> (a) The
    President shall award and present a 9/11 Heroes Medal of Valor of
    appropriate design, with ribbons and appurtenances, to an appropriate
    representative of those individuals who were members of public safety
    agencies and were killed in the terrorist attacks in the United States
    on September 11, 2001, as certified by the Attorney General, on behalf
    of such individuals.

        (b) The presentation of medals pursuant to subsection (a) shall be
    made as close as feasible to the 4th anniversary of the terrorist
    attacks described in that subsection.
        (c)(1) To be eligible for the medal referred to in subsection (a),
    an individual shall have been a public safety officer (as defined in
    section 5 of the Public Safety Officer Medal of Valor Act of 2001) who--
                (A) was present in New York, Virginia, or Pennsylvania on
            September 11, 2001;
                (B) participated in the response that day to the terrorist
            attacks on the World Trade Center, the terrorist attack on the
            Pentagon, or the terrorist attack that resulted in the crash of
            the fourth airplane in Pennsylvania; and
                (C) died as a result of such participation.

        (2) An individual who was killed in one of the attacks referred to
    in paragraph (1)(B) shall be deemed, for purposes of the eligibility
    requirement of that paragraph, to have participated in the response.
        (3) <<NOTE: Certification. Deadline.>> 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) <<NOTE: Procedures.>> 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.

    [[Page 118 STAT. 2872]]

        Sec. 125. <<NOTE: Real property.>> (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. <<NOTE: Establishment. 28 USC 501 note.>> 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-- <<NOTE: Department of Commerce and Related Agencies
    Appropriations Act, 2005.>> 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, <<NOTE: Establishment. Government organization. 19 USC 2171
    note.>> 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 <<NOTE: 15 USC 1128 note. Government organization.>> there shall be
    at the head of the National Intellectual Property Law Enforcement
    Coordination Council a Coordinator for International Intellectual
    Property <<NOTE: President.>> 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

    [[Page 118 STAT. 2873]]

    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

    [[Page 118 STAT. 2874]]

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

                         Bureau of Industry and Security

                          Operations and administration

        For necessary expenses for export administration and national
    security activities of the Department of Commerce, including costs
    associated with the performance of export administration field
    activities both domestically and abroad; full medical coverage for

    [[Page 118 STAT. 2875]]

    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,

    [[Page 118 STAT. 2876]]

    $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 <<NOTE: Reports.>> 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, <<NOTE: 13 USC 5 note.>> 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,

    [[Page 118 STAT. 2877]]

    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

    [[Page 118 STAT. 2878]]

    entity for travel, subsistence, or related expenses for the purpose of
    enabling an employee to attend and participate in a convention,
    conference, or meeting when the entity offering payment or reimbursement
    is a person or corporation subject to regulation by the Office, or
    represents a person or corporation subject to regulation by the Office,
    unless the person or corporation is an organization exempt from taxation
    pursuant to section 501(c)(3) of the Internal Revenue Code of 1986.
        In addition, fees authorized by title VIII of this Act may be
    collected and credited to this account as offsetting collections:
    Provided, That not to exceed $218,754,000 derived from such offsetting
    collections shall be available until expended for authorized purposes:
    Provided further, That not less than 58 full-time equivalents, 72
    positions and $5,551,000 shall be for the examination of trademark
    applications; and not less than 378 full-time equivalents, 709 positions
    and $106,986,000 shall be for the examination and searching of patent
    applications: Provided further, That not more than 20 full-time
    equivalents, 20 positions and $4,955,000 shall be for the Office of the
    General Counsel: Provided further, That the total amount appropriated
    from fees collected in fiscal year 2005, including such increased fees,
    shall not exceed $1,574,754,000: Provided further, That in fiscal year
    2005, from the amounts made available for ``Salaries and Expenses'' for
    the United States Patent and Trademark Office (PTO), the amounts
    necessary to pay: (1) the difference between the percentage of basic pay
    contributed by the PTO and employees under section 8334(a) of title 5,
    United States Code, and the normal cost percentage (as defined by
    section 8331(17) of that title) of basic pay, of employees subject to
    subchapter III of chapter 83 of that title; and (2) the present value of
    the otherwise unfunded accruing costs, as determined by the Office of
    Personnel Management, of post-retirement life insurance and post-
    retirement health benefits coverage for all PTO employees, shall be
    transferred to the Civil Service Retirement and Disability Fund, the
    Employees Life Insurance Fund, and the Employees Health Benefits Fund,
    as appropriate, and shall be available for the authorized purposes of
    those accounts.

                             SCIENCE AND TECHNOLOGY

                            Technology Administration

                              Salaries and expenses

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

                 National Institute of Standards and Technology

                 Scientific and technical research and services

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

    [[Page 118 STAT. 2879]]

                         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, <<NOTE: 15 USC 278k
    note.>> 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

    [[Page 118 STAT. 2880]]

    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

    [[Page 118 STAT. 2881]]

    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, <<NOTE: 15 USC 1513a.>> That beginning in fiscal year 2006 and
    for each fiscal year thereafter, the Secretary of Commerce shall include
    in the budget justification materials that the Secretary submits to
    Congress in support of the Department of Commerce budget (as submitted
    with the budget of the President under section 1105(a) of title 31, 10
    United States Code) an estimate for each National Oceanic and
    Atmospheric Administration procurement, acquisition and construction
    program having a total multiyear program cost of more than $5,000,000
    and simultaneously the budget justification materials shall include an
    estimate of the budgetary requirements for each such program for each of
    the 5 subsequent fiscal years.

                         Pacific coastal salmon recovery

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

                          Coastal zone management fund

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

                          Fishermen's contingency fund

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

                        Fisheries finance program account

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

    [[Page 118 STAT. 2882]]

                                      OTHER

                             Departmental Management

                              Salaries and expenses

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

                   UNITED STATES TRAVEL AND TOURISM PROMOTION

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

                           Office of Inspector General

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

                   General Provisions--Department of Commerce

        Sec. 201. During the current fiscal year, applicable appropriations
    and funds made available to the Department of Commerce by this Act shall
    be available for the activities specified in the Act of October 26, 1949
    (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
    and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
    not otherwise authorized only upon the certification of officials
    designated by the Secretary of Commerce that such payments are in the
    public interest.
        Sec. 202. During the current fiscal year, appropriations made
    available to the Department of Commerce by this Act for salaries and
    expenses shall be available for hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
    U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
    (5 U.S.C. 5901-5902).
        Sec. 203. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Commerce in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers: Provided, That any transfer pursuant to this section shall be
    treated as a reprogramming of funds under section 605 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section: Provided
    further, <<NOTE: Notification. Deadline.>> 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

    [[Page 118 STAT. 2883]]

    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. <<NOTE: 13 USC 23 note.>> 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. <<NOTE: South Carolina. Laboratories. Research and
    development.>> (a) Hereafter, the Secretary of Commerce is authorized to
    operate a marine laboratory in South Carolina in accordance with a
    memorandum of agreement, including any future amendments, among the
    National Oceanic and Atmospheric Administration, the National Institute
    of Standards and Technology, the State of South Carolina, the Medical
    University of South Carolina, and the College of Charleston as a
    partnership for collaborative, interdisciplinary marine scientific
    research.

        (b) To carry out subsection (a), the agencies that are partners in
    the Laboratory may accept, apply for, use, and spend Federal, State,
    private and grant funds as necessary to further the mission of the
    Laboratory without regard to the source or of the period of availability
    of these funds and may apply for and hold patents, as well as share
    personnel, facilities, and property. Any funds collected or accepted by
    any partner may be used to offset all or portions of its costs,
    including overhead, without regard to 31 U.S.C. 143302(b); to reimburse
    other participating agencies for all or portions of their costs; and to
    fund research and facilities expansion. Funds for management and
    operation of the Laboratory may be used to sustain basic laboratory
    operations for all participating entities. The Secretary of Commerce is
    authorized to charge fees and enter into contracts, grants, cooperative
    agreements and other

    [[Page 118 STAT. 2884]]

    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 <<NOTE: Alaska. Salmon.>> reduction
    program for the Southeast Alaska purse seine fishery is authorized to be
    financed through a capacity reduction loan of $50,000,000 pursuant to
    sections 1111 and 1112 of title XI of the Merchant Marine Act of 1936
    (46 U.S.C. App. 1279f and 1279g) subject to the conditions of this
    section. In accordance with the Federal Credit Reform Act of 1990, 2
    U.S.C. 661 et seq., $500,000 is made available from funds appropriated
    for ``Pacific Coastal Salmon Recovery'' in this Act for the cost of the
    loan authorized by this section. The loan shall have a term of 30 years,
    except that the amount to be repaid in any 1 year shall not exceed 2
    percent of the total value of salmon landed in the fishery and such
    repayment shall begin with salmon landed after January 1, 2006.

        Sec. 210. Section 653(a) of Public Law 106-58 <<NOTE: 15 USC
    1128.>> is amended by inserting the following: ``(7) The Coordinator for
    International Intellectual Property Enforcement.'' after ``Under
    Secretary of Commerce for International Trade.''.

        Sec. 211. <<NOTE: Contracts.>> 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 <<NOTE: 16 USC 1165
    note.>> is amended by striking ``and 2005'' and inserting ``2005, 2006,
    and 2007''.

        Sec. 213. <<NOTE: Hawaii. 16 USC 1379 note.>> 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. <<NOTE: 15 USC 1542.>> 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.

    [[Page 118 STAT. 2885]]

        (b) Purposes.--The purposes of the Ernest F. Hollings Scholarships
    Program are--
                (1) to increase undergraduate training in oceanic and
            atmospheric science, research, technology, and education and
            foster multidisciplinary training opportunities;
                (2) to increase public understanding and support for
            stewardship of the ocean and atmosphere and improve
            environmental literacy;
                (3) to recruit and prepare students for public service
            careers with the National Oceanic and Atmospheric Administration
            and other natural resource and science agencies at the Federal,
            State and Local levels of government; and
                (4) to recruit and prepare students for careers as teachers
            and educators in oceanic and atmospheric science and to improve
            scientific and environmental education in the United States.

        (c) Award.--Each Ernest F. Hollings Scholarship--
                (1) shall be used to support undergraduate studies in
            oceanic and atmospheric science, research, technology, and
            education that support the purposes of the programs and missions
            of the National Oceanic and Atmospheric Administration;
                (2) shall recognize outstanding scholarship and ability;
                (3) shall promote participation by groups underrepresented
            in oceanic and atmospheric science and technology; and
                (4) shall be awarded competitively in accordance with
            guidelines issued by the Administrator and published in the
            Federal Register.

        (d) Eligibility.--In order to be eligible to participate in the
    program, an individual must--
                (1) be enrolled or accepted for enrollment as a full-time
            student at an institution of higher education (as defined in
            section 101(a) of the Higher Education Act of 1965) in an
            academic field or discipline described in subsection (c);
                (2) be a United States citizen;
                (3) not have received a scholarship under this section for
            more than 4 academic years, unless the Administrator grants a
            waiver; and
                (4) submit an application at such time, in such manner, and
            containing such information, agreements, or assurances as the
            Administrator may require.

        (e) Distribution of Funds.--The amount of each Ernest F. Hollings
    Scholarship shall be provided directly to a recipient selected by the
    Administrator upon receipt of certification that the recipient will
    adhere to a specific and detailed plan of study and research approved by
    an institution of higher education.
        (f) Funding.--Of the total amount appropriated for fiscal year 2005
    and annually hereafter to the National Oceanic and Atmospheric
    Administration, the Administrator shall make available for the Ernest F.
    Hollings Scholarship program one-tenth of 1 percent of such
    appropriations.
        (g) Scholarship Repayment Requirement.--The Administrator shall
    require an individual receiving a scholarship under this section to
    repay the full amount of the scholarship to the National Oceanic and
    Atmospheric Administration if the Administrator determines that the
    individual, in obtaining or using the scholarship, engaged in fraudulent
    conduct or failed to comply with any term or condition of the
    scholarship. Such repayments shall

    [[Page 118 STAT. 2886]]

     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 <<NOTE: 116 Stat.
    3102.>> is amended--
                (1) in paragraph (1), by striking ``All right'' and
            inserting ``For the period ending April 3, 2008, all right'';
            and
                (2) in paragraph (3), by inserting ``for the period ending
            April 3, 2008'' after ``and annually thereafter''.

        Sec. 216. Of the amounts made available under this heading for the
    National Oceanic and Atmospheric Administration, the Secretary of
    Commerce shall pay by March 1, 2005, $5,000,000 to the National Marine
    Sanctuaries Foundation to capitalize a fund for ocean activities.
        Sec. 217. Any funding provided under this title used to implement
    the Department of Commerce's E-Government Initiatives shall be subject
    to the procedures set forth in section 605 of this Act.
        Sec. 218. A fishing capacity reduction program for the Federal Gulf
    of Mexico Reef Fish Fishery Management Plan principally intended for
    commercial long line vessels is authorized to be financed through a
    capacity reduction loan of $35,000,000 pursuant to sections 1111 and
    1112 of title XI of the Merchant Marine Act of 1936 (46 U.S.C. App.
    1279f and 1279g) subject to the conditions of this section. In
    accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et
    seq.), $350,000 is hereby appropriated for the subsidy cost of the loan
    authorized under this section and shall remain available until expended.
    The Secretary of Commerce, working in close coordination with active
    fishery participants, is hereby authorized to design and implement a
    comprehensive voluntary capacity reduction program using the loan
    authorized under this section. The
    Secretary <<NOTE: Loans. Fisheries. Deadline.>> shall set the loan term
    at 35 years and repayment shall begin within 1 year of final
    implementation of the program. In addition to the authority of the Gulf
    of Mexico Regional Fishery Management Council to develop and recommend
    conservation and management measures for the Gulf of Mexico reef fish
    fishery, the Secretary of Commerce is authorized to develop and
    implement a limited access program pursuant to the standards set forth
    in section 303(b)(6) of the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1853(b)(6)).

        Sec. 219. (a) Definitions.--In this section:
                (1) AFA trawl catcher processor subsector.--The term ``AFA
            trawl catcher processor subsector'' means the owners of each
            catcher/processor listed in paragraphs (1) through (20) of
            section 208(e) of the American Fisheries Act (16 U.S.C. 1851
            note).
                (2) BSAI.--The term ``BSAI'' has the meaning given the term
            ``Bering Sea and Aleutian Islands Management Area'' in section
            679.2 of title 50, Code of Federal Regulations (or successor
            regulation).
                (3) Catcher processor subsector.--The term ``catcher
            processor subsector'' means, as appropriate, one of the
            following:
                        (A) The longline catcher processor subsector.
                        (B) The AFA trawl catcher processor subsector.
                        (C) The non-AFA trawl catcher processor subsector.
                        (D) The pot catcher processor subsector.
                (4) Council.--The term ``Council'' means the North Pacific
            Fishery Management Council established in section 302(a)(1)(G)

    [[Page 118 STAT. 2887]]

            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.

    [[Page 118 STAT. 2888]]

                (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

    [[Page 118 STAT. 2889]]

                        (E) permits vessels in the catcher processor
                    subsector to be upgraded to achieve efficiencies in
                    fishing operations provided that such upgrades do not
                    result in the vessel exceeding the applicable length,
                    tonnage, or horsepower limitations set out in Federal
                    law or regulation.
                (3) Approval by referendum.--
                        (A) In general.--Following approval by the Secretary
                    under paragraph (2), the Secretary shall conduct a
                    referendum for approval of a capacity reduction plan for
                    the appropriate catcher processor subsector. The
                    capacity reduction plan and fee system shall be approved
                    if the referendum votes which are cast in favor of the
                    proposed system by the appropriate catcher processor
                    subsector are--
                              (i) 100 percent of the members of the AFA
                          trawl catcher processor subsector; or
                              (ii) not less than \2/3\ of the members of--
                                        (I) the longline catcher processor
                                    subsector;
                                        (II) the non-AFA trawl catcher
                                    processor subsector; or
                                        (III) the pot catcher processor
                                    subsector.
                        (B) Notification prior to referendum.--Prior to
                    conducting a referendum under subparagraph (A) for a
                    capacity reduction plan, the Secretary shall--
                              (i) identify, to the extent practicable, and
                          notify the catcher processor subsector that will
                          be affected by such plan; and
                              (ii) make available to such subsector
                          information about any industry fee system
                          contained in such plan, a description of the
                          schedule, procedures, and eligibility requirements
                          for the referendum, the proposed program, the
                          estimated capacity reduction, the amount and
                          duration, and any other terms and conditions of
                          the fee system proposed in such plan.
                (4) Implementation.--
                        (A) <<NOTE: Deadline. Federal
                    Register, publication.>> 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)--

    [[Page 118 STAT. 2890]]

                (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.

    [[Page 118 STAT. 2891]]

        (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 <<NOTE: Judiciary Appropriations Act, 2005.>>

                       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.

    [[Page 118 STAT. 2892]]

                   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

    [[Page 118 STAT. 2893]]

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

                                 Court Security

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

                Administrative Office of the United States Courts

                              Salaries and Expenses

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

                             Federal Judicial Center

                              Salaries and Expenses

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

                            Judicial Retirement Funds

                        Payment to Judiciary Trust Funds

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

    [[Page 118 STAT. 2894]]

    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. <<NOTE: Deadline. Financial plan.>> 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,

    [[Page 118 STAT. 2895]]

    fee collections, and carryover balances, to include a separate and
    detailed plan for the Judiciary Information Technology fund.

        Sec. 306. <<NOTE: 28 USC 461 note.>> Pursuant to section 140 of
    Public Law 97-92, and from funds appropriated in this Act, Justices and
    judges of the United States are authorized during fiscal year 2005, to
    receive a salary adjustment in accordance with 28 U.S.C. 461.

        Sec. 307. (a) Section 1914(a) of title 28, United States Code, is
    amended by striking ``$150'' and inserting ``$250''.
        (b) Section 1931(a) of title 28, United States Code, is amended--
                (1) in subsection (a) by striking ``$90'' and inserting
            ``$190''; and
                (2) in subsection (b)--
                        (A) by striking ``$150'' and inserting ``$250''; and
                        (B) by striking ``$90'' and inserting ``$190''.

        (c) <<NOTE: Effective date. 28 USC 1914 note.>> This section shall
    take effect 60 days after the date of the enactment of this Act.

        Sec. 308. <<NOTE: 28 USC 331 note.>> 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 <<NOTE: Department of State and Related Agency
    Appropriations Act, 2005.>> 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

    [[Page 118 STAT. 2896]]

    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, <<NOTE: Deadline. Notification.>> 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, <<NOTE: Government organization. Deadline.>> 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 <<NOTE: 8 USC 1714.>> 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:

    [[Page 118 STAT. 2897]]

    Provided, That section 135(e) of Public Law 103-236 shall not apply to
    funds available under this heading.

            CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

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

                           Office of Inspector General

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

                   Educational and Cultural Exchange Programs

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

                            Representation Allowances

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

                  Protection of Foreign Missions and Officials

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

                 Embassy Security, Construction, and Maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
    repairing, and planning for buildings that are owned or directly leased
    by the Department of State, renovating, in addition to funds otherwise
    available, the Harry S Truman Building, and carrying out the Diplomatic
    Security Construction Program as authorized, $611,680,000, to remain
    available until expended as authorized, of which not to exceed $25,000
    may be used for domestic and overseas representation as authorized:
    Provided, That none of the funds appropriated in this paragraph shall be
    available for acquisition of furniture, furnishings, or generators for
    other departments and agencies: Provided further, <<NOTE: Federal
    buildings and facilities.>> 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.

    [[Page 118 STAT. 2898]]

               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, <<NOTE: Sierra Leone. Deadline.>> 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 <<NOTE: 22 USC 269a note.>> 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, <<NOTE: Notification. Deadline.>> 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

    [[Page 118 STAT. 2899]]

    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,
    <<NOTE: Deadline.>> 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 <<NOTE: 22 USC 269a note.>> 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:

    [[Page 118 STAT. 2900]]

                              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

    [[Page 118 STAT. 2901]]

    available until expended: Provided, That none of the funds appropriated
    herein shall be used to pay any salary or other compensation, or to
    enter into any contract providing for the payment thereof, in excess of
    the rate authorized by 5 U.S.C. 5376; or for purposes which are not in
    accordance with OMB Circulars A-110 (Uniform Administrative
    Requirements) and A-122 (Cost Principles for Non-profit Organizations),
    including the restrictions on compensation for personal services.

                        israeli arab scholarship program

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

                                East-West Center

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

                        National Endowment for Democracy

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

                                 RELATED AGENCY

                         Broadcasting Board of Governors

                      International Broadcasting Operations

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

    [[Page 118 STAT. 2902]]

    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 <<NOTE: Reports.>> 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

    [[Page 118 STAT. 2903]]

                (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) <<NOTE: Deadline. Plan. Terrorism.>> 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.

    [[Page 118 STAT. 2904]]

        Sec. 407. <<NOTE: Deadline.>> 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. <<NOTE: Establishment. 22 USC 2651a note.>> 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) <<NOTE: 22 USC 3927a.>> The Secretary of State shall
    require each chief of mission to review, not less than once every 5
    years, every staff element under chief of mission authority, including
    staff from other departments or agencies of the United States, and
    recommend approval or disapproval of each staff element. Each such
    review shall be conducted pursuant to a process established by the
    President for determining appropriate staffing at diplomatic missions
    and overseas constituent posts (commonly referred to as the ``NSDD-38
    process'').

        (b) The Secretary of State, as part of the process established by
    the President referred to in subsection (a), shall take actions to carry
    out the recommendations made in each such review.
        (c) <<NOTE: Deadline. Reports.>> Not later than 1 year after the
    date of enactment of this Act, and annually thereafter, the Secretary of
    State shall submit a report on such reviews that occurred during the
    previous 12 months, together with the Secretary's recommendations
    regarding such reviews to the appropriate committees of Congress, the
    heads of all affected departments or agencies, and the Inspector General
    of the Department of State.

    [[Page 118 STAT. 2905]]

        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. <<NOTE: 22 USC 287e note.>> 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 <<NOTE: President.>> 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 <<NOTE: Wages. Government
    employees.>> 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''.

    [[Page 118 STAT. 2906]]

        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.

    [[Page 118 STAT. 2907]]

                  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.

    [[Page 118 STAT. 2908]]

                        Federal Communications Commission

                              Salaries and Expenses

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

                            Federal Trade Commission

                              Salaries and Expenses

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

    [[Page 118 STAT. 2909]]

    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.

    [[Page 118 STAT. 2910]]

                       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 <<NOTE: Deadlines. Reports. Investments.>> 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 <<NOTE: Deadline.>> 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,

    [[Page 118 STAT. 2911]]

    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.

    [[Page 118 STAT. 2912]]

                         Disaster Loans Program Account

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

             Administrative Provision--Small Business Administration

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

                             State Justice Institute

                              salaries and expenses

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

           United States-China Economic and Security Review Commission

                              Salaries and Expenses

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

                        United States Institute of Peace

                               operating expenses

        For necessary expenses of the United States Institute of Peace as
    authorized in the United States Institute of Peace Act, $23,000,000:
    Provided, That $1,500,000 is for necessary expenses for the Task Force
    on the <<NOTE: Reports. Deadline.>> United Nations: Provided further,
    That

    [[Page 118 STAT. 2913]]

    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. <<NOTE: Contracts. Public information.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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

    [[Page 118 STAT. 2914]]

    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. <<NOTE: Religious harassment.>> 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. <<NOTE: Records.>> 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.

    [[Page 118 STAT. 2915]]

        (b) <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> The requirements in subsections (b) and
    (c) of section 616 of that Act shall continue to apply during fiscal
    year 2005.

        Sec. 615. <<NOTE: Firearms.>> 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. <<NOTE: 42 USC 10601 note.>> 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. <<NOTE: Non- discrimination.>> 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

    [[Page 118 STAT. 2916]]

    delay accepting the return of citizens, subjects, nationals, or
    residents under that section.
        Sec. 619. (a) For additional amounts under the heading ``Small
    Business Administration, Salaries and Expenses'', $500,000 shall be
    available for the Adelante Development Center, Inc.; $150,000 shall be
    available for the Advanced Polymer Processing Institute; $150,000 shall
    be available for the Alaska Procurement Technical Assistance Center;
    $250,000 shall be available for Business and Professional Women of
    Alaska; $75,000 shall be available for the Center for Applied Research
    and Economic Development at the University of Southern Indiana; $300,000
    shall be available for the Center for Emerging Technologies; $225,000
    shall be available for the Center for Entrepreneurship and Technology at
    the Nevada Commission for Economic Development; $100,000 shall be
    available for the Central Connecticut State University Institute of
    Technology and Business Development; $600,000 shall be available for the
    Des Moines Higher Education Pappajohn Center; $150,000 shall be
    available for the East Central Indiana Business Incubator at Ball State
    University; $100,000 shall be available for the Entrepreneurial Venture
    Assistance Demonstration Project at the Iowa Department of Economic
    Development; $75,000 shall be available for the Idaho Virtual Incubator
    at Lewis-Clark State College for an E-Commerce Certification program;
    $600,000 shall be available for the Industrial Outreach Service at
    Mississippi State University; $2,000,000 shall be available for the
    Innovation and Commercialization Center at the University of Southern
    Mississippi; $100,000 shall be available for the Kennebec Valley Council
    of Governments' Business Development Program; $100,000 shall be
    available for the Knoxville College Small Business Incubator Program;
    $250,000 shall be available for the Louisiana State University Law
    School's Latin American Commercial Law Program; $250,000 shall be
    available for the Minority Business Development Center at Alcorn State
    University; $600,000 shall be available for the Mississippi Technology
    Alliance; $200,000 shall be available for the Montana Department of
    Commerce for a State government information sharing initiative; $125,000
    shall be available for the Myrtle Beach International Trade and
    Convention Center; $250,000 shall be available for the Nanotechnology
    Research Program at the Oregon Health and Science University; $550,000
    shall be available for the New Product Development and Commercialization
    Center for Rural Manufacturers; $125,000 shall be available for the New
    Hampshire Women's Business Center; $500,000 shall be available for
    Operation Safe Commerce; $200,000 shall be available for the Southern
    University Foundation's Martin Luther King Initiative; $75,000 shall be
    available for Technology 2020; $1,000,000 shall be available for the
    Technology Venture Center/InvestNet Partnership for Alaska and Montana;
    $500,000 shall be available for the Textile Marking System; $300,000
    shall be available for the Towson University International Business
    Incubator; $1,000,000 shall be available for the Tuck School of
    Business/MBDA Partnership; $325,000 shall be available for the
    University of Colorado Nanotechnology and Characterization Facility;
    $8,000,000 shall be available for the University of South Carolina
    Thomas Cooper Library; $100,000 shall be available for the Virginia
    Electronic Commerce Technology Center at Christopher Newport University;
    $125,000 shall be available for the Women's Business Development Center
    in Stamford, Connecticut; and $100,000 shall be available for the World
    Trade

    [[Page 118 STAT. 2917]]

    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

    [[Page 118 STAT. 2918]]

    information; $250,000 shall be available for a grant to Pro Co
    Technology, Inc., in the Bronx, New York, for a computer training
    center; $50,000 shall be available for a grant for the Promesa
    Foundation in the Bronx, New York, to provide community growth funding;
    $200,000 shall be available for a grant to Bronx Shepherds for community
    programs; $150,000 shall be available for a grant to HOGAR, Inc., in the
    Bronx, New York; $200,000 shall be available for a grant to Promesa
    Enterprises to provide services and support to community based
    organizations in the Bronx, New York; $200,000 for the Arthur Avenue
    Retail Market in the Bronx, New York, for facility, improvement, and
    maintenance needs to meet the Market's business requirements; $200,000
    shall be available for a grant to Pregones Theater in the Bronx, New
    York, for business infrastructure; $200,000 shall be available for a
    grant to Presbyterian Senior Services for their Grandparent Family
    Apartments project and programs in the Bronx, New York; $100,000 shall
    be available for a grant to Thorpe Family Residence, Inc., to continue
    its services and programs in the Bronx, New York; $100,000 shall be
    available for a grant to the Puerto Rican Traveling Theater in the
    Bronx, New York, for outreach and programs; $100,000 shall be available
    for Casita Maria's Career and College Placement Preparation to be
    implemented in coordination with business partners in New York City;
    $1,100,000 shall be available for a grant to the MountainMade Foundation
    to fulfill its charter purposes and to continue the initiative developed
    by the NTTC for outreach and promotion, business and sites development,
    the education of artists and craftspeople, and to promote small
    businesses, artisans and their products through market development,
    advertisement, commercial sale and other promotional means; $1,000,000
    shall be available for a grant for Northwest Shoals Community College to
    complete the Center for Business and Industry; $1,000,000 shall be
    available for the Rhode Island School of Design in Providence, Rhode
    Island, for the continued modernization of the Mason Building;
    $1,000,000 shall be available for a grant to the Norwegian American
    Foundation to fulfill its charter purposes; $750,000 shall be available
    for a grant to St. Mary's College for a telecommunications initiative;
    $400,000 shall be available for a grant to the Economic Growth Council
    Procurement Assistance Program; $500,000 shall be available for a grant
    to Johnstown Area Regional Industries in Pennsylvania for an enhanced
    economic development initiative; $300,000 shall be available for a grant
    to the Good Old Lower East Side organization for a small business
    economic development initiative for the Lower East Side, New York;
    $200,000 shall be available for a grant for the Sunnyside Chamber of
    Commerce to conduct a redevelopment study for Sunnyside, Queens, New
    York, and to implement improvements.
        (b) Section 621 of division B of Public Law 108-199 <<NOTE: Ante, p.
    96.>> 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;'',

    [[Page 118 STAT. 2919]]

                (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. <<NOTE: Alaska.>> 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. <<NOTE: Deadline. Certification. 5 USC 6120 note.>> 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 <<NOTE: Reports.>> each Department
    or agency shall provide quarterly reports to the Committees on
    Appropriations on the status of telecommuting programs, including the
    number of Federal employees eligible for, and participating in, such
    programs: Provided further, That each Department or agency shall
    designate a ``Telework Coordinator'' to be responsible for overseeing
    the implementation and operations of telecommuting programs, and serve
    as a point of contact on such programs for the Committees on
    Appropriations.

        Sec. 623. With the consent of the President, the Secretary of
    Commerce shall represent the United States Government in negotiating and
    monitoring international agreements regarding fisheries, marine mammals,
    or sea turtles: Provided, That the Secretary of Commerce shall be
    responsible for the development and interdepartmental coordination of
    the policies of the United States with respect to the international
    negotiations and agreements referred to in this section.
        Sec. 624. (a) Tracing studies conducted by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives are released without adequate
    disclaimers regarding the limitations of the data.
        (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
    include in all such data releases, language similar to the following
    that would make clear that trace data cannot be used to draw broad
    conclusions about firearms-related crime:
                (1) Firearm traces are designed to assist law enforcement
            authorities in conducting investigations by tracking the sale
            and possession of specific firearms. Law enforcement agencies
            may request firearms traces for any reason, and those reasons
            are not necessarily reported to the Federal Government. Not all
            firearms used in crime are traced and not all firearms traced
            are used in crime.
                (2) Firearms selected for tracing are not chosen for
            purposes of determining which types, makes or models of firearms
            are used for illicit purposes. The firearms selected do not
            constitute

    [[Page 118 STAT. 2920]]

            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. <<NOTE: United Nations.>> 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) <<NOTE: Deadline. Reports.>> 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. <<NOTE: 22 USC 4865 note.>> 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,

    [[Page 118 STAT. 2921]]

            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.

    [[Page 118 STAT. 2922]]

                        ``(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) <<NOTE: Applicability.>> 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

    [[Page 118 STAT. 2923]]

                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act or accompanying reports
            for the relevant fiscal year covering such account or item, or
            for accounts and items not included in appropriation Acts, as
            delineated in the most recently submitted President's budget).

                             TITLE VII--RESCISSIONS

                              DEPARTMENT OF JUSTICE

                             General Administration

                              WORKING CAPITAL FUND

                                  (RESCISSION)

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

                                Legal Activities

                              ASSET FORFEITURE FUND

                                  (RESCISSION)

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

                           Office of Justice Programs

                               JUSTICE ASSISTANCE

                                  (RESCISSION)

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

                   State and Local Law Enforcement Assistance

                                  (RESCISSION)

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

                      Community Oriented Policing Services

                                  (RESCISSION)

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

                                Juvenile Justice

                                  (RESCISSION)

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

    [[Page 118 STAT. 2924]]

                             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. <<NOTE: 35 USC 41 note.>>

        (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;

    [[Page 118 STAT. 2925]]

                        ``(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.
                 <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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,

    [[Page 118 STAT. 2926]]

            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;

    [[Page 118 STAT. 2927]]

                              ``(iii) $300 for each application for an
                          original plant patent;
                              ``(iv) $500 for the national stage of each
                          international application; and
                              ``(v) $500 for each application for the
                          reissue of a patent.
                        ``(C) The provisions of section 111(a)(3) of this
                    title relating to the payment of the fee for filing the
                    application shall apply to the payment of the fee
                    specified in this paragraph with respect to an
                    application filed under section 111(a) of this title.
                    The provisions of section 371(d) of this title relating
                    to the payment of the national fee shall apply to the
                    payment of the fee specified in this paragraph with
                    respect to an international application.
                        ``(D) The Director may by regulation provide for a
                    refund of any part of the fee specified in this
                    paragraph for any applicant who files a written
                    declaration of express abandonment as prescribed by the
                    Director before an examination has been made of the
                    application under section 131 of this title, and for any
                    applicant who provides a search report that meets the
                    conditions prescribed by the Director.
                        ``(E) For purposes of subparagraph (A), a `qualified
                    search authority' may not include a commercial entity
                    unless--
                              ``(i) the Director conducts a pilot program of
                          limited scope, conducted over a period of not more
                          than 18 months, which demonstrates that searches
                          by commercial entities of the available prior art
                          relating to the subject matter of inventions
                          claimed in patent applications--
                                        ``(I) are accurate; and
                                        ``(II) meet or exceed the standards
                                    of searches conducted by and used by the
                                    Patent and Trademark Office during the
                                    patent examination process;
                              ``(ii) the Director submits a report on the
                          results of the pilot program to Congress and the
                          Patent Public Advisory Committee that includes--
                                        ``(I) a description of the scope and
                                    duration of the pilot program;
                                        ``(II) the identity of each
                                    commercial entity participating in the
                                    pilot program;
                                        ``(III) an explanation of the
                                    methodology used to evaluate the
                                    accuracy and quality of the search
                                    reports; and
                                        ``(IV) an assessment of the effects
                                    that the pilot program, as compared to
                                    searches conducted by the Patent and
                                    Trademark Office, had and will have on--
                                                ``(aa) patentability
                                            determinations;
                                                ``(bb) productivity of the
                                            Patent and Trademark Office;
                                                ``(cc) costs to the Patent
                                            and Trademark Office;
                                                ``(dd) costs to patent
                                            applicants; and
                                                ``(ee) other relevant
                                            factors;

    [[Page 118 STAT. 2928]]

                              ``(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--

    [[Page 118 STAT. 2929]]

                (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. <<NOTE: 35 USC 41 note.>>

        (a) Fee For Filing Application.--During fiscal years 2005 and 2006,
    under such conditions as may be prescribed by the Director, the fee
    under section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a))
    for: (1) the filing of a paper application for the registration of a
    trademark shall be $375; (2) the filing of an electronic application
    shall be $325; and (3) the filing of an electronic application meeting
    certain additional requirements prescribed by the Director shall be
    $275. <<NOTE: Applicability.>> 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. <<NOTE: 35 USC 41 note.>> 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

    [[Page 118 STAT. 2930]]

            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. <<NOTE: 35 USC 41 note.>>

        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-- <<NOTE: Oceans and Human Health Act.>> OCEANS AND HUMAN
    HEALTH ACT

    SEC. 901. SHORT TITLE. <<NOTE: 33 USC 3101 note.>>

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

    SEC. 902. <<NOTE: 33 USC 3101 note.>> INTERAGENCY OCEANS AND HUMAN
                HEALTH RESEARCH PROGRAM.

        (a) <<NOTE: President.>> 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.

    [[Page 118 STAT. 2931]]

        (b) <<NOTE: Deadline.>> Implementation Plan.--Within 1 year after
    the date of enactment of this Act, the National Science and Technology
    Council, through the Director of the Office of Science and Technology
    Policy shall develop and submit to the Congress a plan for coordinated
    Federal activities under the program. Nothing in this subsection is
    intended to duplicate or supersede the activities of the Inter-Agency
    Task Force on Harmful Algal Blooms and Hypoxia established under section
    603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of
    1998 (16 U.S.C. 1451 note). In developing the plan, the Committee will
    consult with the Inter-Agency Task Force on Harmful Algal Blooms and
    Hypoxia. Such plan will build on and complement the ongoing activities
    of the National Oceanic and Atmospheric Administration, the National
    Science Foundation, and other departments and agencies and shall--
                (1) establish, for the 10-year period beginning in the year
            it is submitted, the goals and priorities for Federal research
            which most effectively advance scientific understanding of the
            connections between the oceans and human health, provide usable
            information for the prediction of marine-related public health
            problems and use the biological potential of the oceans for
            development of new treatments of human diseases and a greater
            understanding of human biology;
                (2) describe specific activities required to achieve such
            goals and priorities, including the funding of competitive
            research grants, ocean and coastal observations, training and
            support for scientists, and participation in international
            research efforts;
                (3) identify and address, as appropriate, relevant programs
            and activities of the Federal agencies and departments that
            would contribute to the program;
                (4) identify alternatives for preventive unnecessary
            duplication of effort among Federal agencies and departments
            with respect to the program;
                (5) consider and use, as appropriate, reports and studies
            conducted by Federal agencies and departments, the National
            Research Council, the Ocean Research Advisory Panel, the
            Commission on Ocean Policy and other expert scientific bodies;
                (6) make recommendations for the coordination of program
            activities with ocean and human health-related activities of
            other national and international organizations; and
                (7) estimate Federal funding for research activities to be
            conducted under the program.

        (c) Program Scope.--The program may include the following activities
    related to the role of oceans in human health:
                (1) Interdisciplinary research among the ocean and medical
            sciences, and coordinated research and activities to improve
            understanding of processes within the ocean that may affect
            human health and to explore the potential contribution of marine
            organisms to medicine and research, including--
                        (A) vector- and water-borne diseases of humans and
                    marine organisms, including marine mammals and fish;
                        (B) harmful algal blooms and hypoxia (through the
                    Inter-Agency Task Force on Harmful Algal Blooms and
                    Hypoxia);
                        (C) marine-derived pharmaceuticals;
                        (D) marine organisms as models for biomedical
                    research and as indicators of marine environmental
                    health;
                        (E) marine environmental microbiology;

    [[Page 118 STAT. 2932]]

                        (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.

    [[Page 118 STAT. 2933]]

    SEC. 903. <<NOTE: 33 USC 3102.>> 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

    [[Page 118 STAT. 2934]]

            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. <<NOTE: 33 USC 3103.>>

        (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. <<NOTE: 33 USC 3104.>>

        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''.

    [[Page 118 STAT. 2935]]

     DIVISION C-- <<NOTE: Energy and Water Development Appropriations Act,
    2005.>> ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005

                                     TITLE I

                          DEPARTMENT OF DEFENSE--CIVIL

                             DEPARTMENT OF THE ARMY

                            Corps of Engineers--Civil

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

                             General Investigations

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

                              Construction, General

        For expenses necessary for the construction of river and harbor,
    flood control, shore protection and storm damage reduction, aquatic
    ecosystem restoration, and related projects authorized by law; for
    conducting detailed studies, and plans and specifications, of such
    projects (including those for development with participation or under
    consideration for participation by States, local governments, or private
    groups) authorized or made eligible for selection by law (but such
    detailed studies, and plans and specifications, shall not constitute a
    commitment of the Government to construction);

    [[Page 118 STAT. 2936]]

    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

    [[Page 118 STAT. 2937]]

    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

    [[Page 118 STAT. 2938]]

    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, <<NOTE: Reports. Deadline.>> That a report
    on the results of the demonstration project shall be provided within 1
    year of the date of enactment of this Act.

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

        For expenses necessary for the flood damage reduction program for
    the Mississippi River alluvial valley below Cape Girardeau, Missouri, as
    authorized by law, $324,500,000, to remain available until expended:
    Provided, That the Secretary of the Army, acting through the Chief of
    Engineers, using $12,000,000 of the funds provided herein, is directed
    to continue design and real estate activities and to initiate the pump
    supply contract for the Yazoo

    [[Page 118 STAT. 2939]]

    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

    [[Page 118 STAT. 2940]]

    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

    [[Page 118 STAT. 2941]]

    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. <<NOTE: Applicability. 33 USC 2221.>> 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

    [[Page 118 STAT. 2942]]

    103(a) of the Water Resources Development Act of 1986, notwithstanding
    section 202(a) of the Water Resources Development Act of 1996.
        Sec. 105. None of the funds appropriated in this or any other Act
    may be used by the United States Army Corps of Engineers to support
    activities related to the proposed Indian Run Sanitary Landfill in Sandy
    Township, Stark County, Ohio.
        Sec. 106. St. Georges Bridge, Delaware. None of the funds made
    available in this Act may be used to carry out any activity relating to
    closure or removal of the St. Georges Bridge across the Intracoastal
    Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland,
    including a hearing or any other activity relating to preparation of an
    environmental impact statement concerning the closure or removal.
        Sec. 107. Water Reallocation, Lake Cumberland, Kentucky. (a) In
    General.--Subject to subsection (b), none of the funds made available by
    this Act may be used to carry out any water reallocation project or
    component under the Wolf Creek Project, Lake Cumberland, Kentucky,
    authorized under the Act of June 28, 1938 (52 Stat. 1215, chapter 795)
    and the Act of July 24, 1946 (60 Stat. 636, chapter 595).
        (b) Existing Reallocations.--Subsection (a) shall not apply to any
    water reallocation for Lake Cumberland, Kentucky, that is carried out
    subject to an agreement or payment schedule in effect on the date of
    enactment of this Act.
        Sec. 108. Lake Tahoe Basin Restoration, Nevada and California. (a)
    Definition.--In this section, the term ``Lake Tahoe Basin'' means the
    entire watershed drainage of Lake Tahoe including that portion of the
    Truckee River 1,000 feet downstream from the United States Bureau of
    Reclamation dam in Tahoe City, California.
        (b) Establishment of Program.--The Secretary may establish a program
    for providing environmental assistance to non-Federal interests in Lake
    Tahoe Basin.
        (c) Form of Assistance.--Assistance under this section may be in the
    form of planning, design, and construction assistance for water-related
    environmental infrastructure and resource protection and development
    projects in Lake Tahoe Basin--
                (1) urban stormwater conveyance, treatment and related
            facilities;
                (2) watershed planning, science and research;
                (3) environmental restoration; and
                (4) surface water resource protection and development.

        (d) Public Ownership Requirement.--The Secretary may provide
    assistance for a project under this section only if the project is
    publicly owned.
        (e) Local Cooperation Agreement.--
                (1) In general.--Before providing assistance under this
            section, the Secretary shall enter into a local cooperation
            agreement with a non-Federal interest to provide for design and
            construction of the project to be carried out with the
            assistance.
                (2) Requirements.--Each local cooperation agreement entered
            into under this subsection shall provide for the following:

    [[Page 118 STAT. 2943]]

                        (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. <<NOTE: Contracts. California.>> 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.

    [[Page 118 STAT. 2944]]

        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. <<NOTE: Deadline. Reports.>> 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. <<NOTE: Deadline. Reports.>> 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

    [[Page 118 STAT. 2945]]

    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

    [[Page 118 STAT. 2946]]

    analysis of the modified project to be carried out by the Secretary in
    accordance with this section.
        Sec. 119. Northern Wisconsin. Section 154(c) of title I of division
    B of the Miscellaneous Appropriations Act, 2001, enacted into law by the
    Consolidated Appropriations Act, 2001 (114 Stat. 2763A-252), is
    amended--
                (1) by inserting after ``design'' the following: ``,
            construction,''; and
                (2) by inserting before ``wastewater treatment'' the
            following: ``navigation and inland harbor improvement and
            expansion,''.

        Sec. 120. St. Croix Falls Environmental Infrastructure, Wisconsin.
    Additional Assistance.--Section 219(f) of the Water Resources
    Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 335;
    114 Stat. 2763A-220) is amended by adding at the end the following:
                ``(73) St. Croix Falls, Wisconsin.--$5,000,000 for waste
            water infrastructure, St. Croix Falls, Wisconsin.''.

        Sec. 121. Burns Harbor, Indiana. The Secretary of the Army, acting
    through the Chief of Engineers, is authorized and directed to dredge
    sediments, at 100 percent Federal cost, in the vicinity of the Bailey
    (NIPSCO) intake structure that is approximately 5,000 feet east of and
    2,300 feet north of the northern most point of the Burns Waterway Harbor
    Breakwater authorized by Public Law 89-298.
        Sec. 122. (a) The Secretary of the Army, acting through the Chief of
    Engineers, is authorized and directed to transfer the unexpended balance
    of funds appropriated in fiscal years 2003 and 2004 for the Duck River
    Water Supply Infrastructure Project, Cullman, Alabama, to the
    Appalachian Regional Commission.
        (b) Funds transferred pursuant to subsection (a) of this section may
    be used for planning, engineering, and construction activities on the
    Duck River Water Supply Infrastructure Project under the Memorandum of
    Agreement between the Appalachian Regional Commission and the Army Corps
    of Engineers and may be used to reimburse the City of Cullman, Alabama,
    for expenses incurred by the City for planning and environmental work
    associated with the Project.
        Sec. 123. With the funds previously provided under the account
    heading ``Flood Control and Coastal Emergencies'', the Secretary of the
    Army, acting through the Chief of Engineers is directed to provide
    assistance to Yakutat, Alaska Dam.
        Sec. 124. The Secretary of the Army, acting through the Chief of
    Engineers, shall not implement changes to existing shoreline protection
    policies that have not been specifically authorized by Congress.

                                    TITLE II

                           DEPARTMENT OF THE INTERIOR

                              Central Utah Project

                     Central Utah Project Completion Account

        For carrying out activities authorized by the Central Utah Project
    Completion Act, $46,275,000, to remain available until expended, of
    which $15,469,000 shall be deposited into the Utah

    [[Page 118 STAT. 2947]]

    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

    [[Page 118 STAT. 2948]]

    Law 102-575: Provided further, That none of the funds made available
    under this heading may be used for the acquisition or leasing of water
    for in-stream purposes if the water is already committed to in-stream
    purposes by a court adopted decree or order.

                            Policy and Administration

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

                            ADMINISTRATIVE PROVISIONS

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

                 General Provisions, Department of the Interior

        Sec. 201. (a) None of the funds appropriated or otherwise made
    available by this Act may be used to determine the final point of
    discharge for the interceptor drain for the San Luis Unit until
    development by the Secretary of the Interior and the State of California
    of a plan, which shall conform to the water quality standards of the
    State of California as approved by the Administrator of the
    Environmental Protection Agency, to minimize any detrimental effect of
    the San Luis drainage waters.
        (b) The costs of the Kesterson Reservoir Cleanup Program and the
    costs of the San Joaquin Valley Drainage Program shall be classified by
    the Secretary of the Interior as reimbursable or nonreimbursable and
    collected until fully repaid pursuant to the ``Cleanup Program-
    Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
    Plan'' described in the report entitled ``Repayment Report, Kesterson
    Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
    February 1995'', prepared by the Department of the Interior, Bureau of
    Reclamation. Any future obligations of funds by the United States
    relating to, or providing for, drainage service or drainage studies for
    the San Luis Unit shall be fully reimbursable by San Luis Unit
    beneficiaries of such service or studies pursuant to Federal reclamation
    law.
        Sec. 202. <<NOTE: New Mexico.>> 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. <<NOTE: 43 USC 1543 note.>> 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,

    [[Page 118 STAT. 2949]]

    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) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>> This section applies only to those
    Federal agencies and non-Federal actions addressed in the March 17, 2003
    Biological Opinion.

        (d) <<NOTE: Termination date.>> Subsection (b) will remain in effect
    until March 16, 2013.

        Sec. 206. <<NOTE: Grants. Contracts.>> 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,

    [[Page 118 STAT. 2950]]

    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.

    [[Page 118 STAT. 2951]]

                                    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

    [[Page 118 STAT. 2952]]

    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, <<NOTE: Deadline. Certification.>> 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, <<NOTE: Lobbying.>> 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

    [[Page 118 STAT. 2953]]

    of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such
    increases in cost of work are offset by revenue increases of the same or
    greater amount, to remain available until expended: Provided further,
    That moneys received by the Department for miscellaneous revenues
    estimated to total $122,000,000 in fiscal year 2005 may be retained and
    used for operating expenses within this account, and may remain
    available until expended, as authorized by section 201 of Public Law 95-
    238, notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
    That the sum herein appropriated shall be reduced by the amount of
    miscellaneous revenues received during fiscal year 2005, and any related
    unappropriated receipt account balances remaining from prior years'
    miscellaneous revenues, so as to result in a final fiscal year 2005
    appropriation from the general fund estimated at not more than
    $118,426,000.

                         Office of the Inspector General

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

                        ATOMIC ENERGY DEFENSE ACTIVITIES

                    National Nuclear Security Administration

                               Weapons Activities

                          (including transfer of funds)

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

    [[Page 118 STAT. 2954]]

    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.

    [[Page 118 STAT. 2955]]

                            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

    [[Page 118 STAT. 2956]]

    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; <<NOTE: 16
    USC 825s-4.>> 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.

    [[Page 118 STAT. 2957]]

                      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 <<NOTE: 42 USC 7171
    note.>> 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. <<NOTE: Federal Register,
    publication. Notification.>> (a)(1) None of the funds in this or any
    other appropriations Act for fiscal year 2005 or any previous fiscal
    year may be used to make payments for a noncompetitive management and
    operating contract unless the Secretary of Energy has published in the
    Federal Register and submitted to the Committees on Appropriations of
    the House of Representatives and the Senate a written notification, with
    respect to each such contract, of the Secretary's decision to use
    competitive procedures for the award of the contract, or to not renew
    the contract, when the term of the contract expires.

        (2) Paragraph (1) does not apply to an extension for up to 2 years
    of a noncompetitive management and operating contract, if the extension
    is for purposes of allowing time to award competitively a new contract,
    to provide continuity of service between contracts, or to complete a
    contract that will not be renewed.
        (b) In this section:
                (1) The term ``noncompetitive management and operating
            contract'' means a contract that was awarded more than 50 years
            ago without competition for the management and operation of Ames
            Laboratory, Argonne National Laboratory, Lawrence Berkeley
            National Laboratory, Lawrence Livermore National Laboratory, and
            Los Alamos National Laboratory.
                (2) The term ``competitive procedures'' has the meaning
            provided in section 4 of the Office of Federal Procurement
            Policy Act (41 U.S.C. 403) and includes procedures described in
            section 303 of the Federal Property and Administrative Services
            Act of 1949 (41 U.S.C. 253) other than a procedure that solicits
            a proposal from only one source.

        (c) For all management and operating contracts other than those
    listed in subsection (b)(1), none of the funds appropriated by this Act
    may be used to award a management and operating contract, or award a
    significant extension or expansion to an existing management and
    operating contract, unless such contract is awarded using competitive
    procedures or the Secretary of Energy

    [[Page 118 STAT. 2958]]

    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. <<NOTE: Deadline. Reports.>> 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

    [[Page 118 STAT. 2959]]

    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. <<NOTE: 50 USC 2812 note.>> The Administrator of the
    National Nuclear Security Administration may authorize the manager of a
    covered nuclear weapons research, development, testing or production
    facility to engage in research, development, and demonstration
    activities with respect to the engineering and manufacturing
    capabilities at such facility in order to maintain and enhance such
    capabilities at such facility: Provided, That of the amount allocated to
    a covered nuclear weapons facility each fiscal year from amounts
    available to the Department of Energy for such fiscal year for national
    security programs, not more than an amount equal to 2 percent of such
    amount may be used for these activities: Provided further, That for
    purposes of this section, the term ``covered nuclear weapons facility''
    means the following:
                (1) The Kansas City Plant, Kansas City, Missouri.
                (2) The Y-12 Plant, Oak Ridge, Tennessee.
                (3) The Pantex Plant, Amarillo, Texas.
                (4) The Savannah River Plant, South Carolina.
                (5) The Nevada Test Site.

        Sec. 309. Funds appropriated by this or any other Act, or made
    available by the transfer of funds in this Act, for intelligence
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2005 until the enactment of the Intelligence
    Authorization Act for fiscal year 2005.
        Sec. 310. (a) The Secretary of Energy was directed to file a permit
    modification to the Waste Analysis Plan (WAP) and associated provisions
    contained in the Hazardous Waste Facility Permit for the Waste Isolation
    Pilot Plant (WIPP). For purposes of determining hereafter compliance of
    the modifications to the WAP with the hazardous waste analysis
    requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
    or other applicable laws waste confirmation for all waste received for
    storage and disposal shall be limited to: (1) confirmation that the
    waste contains no ignitable, corrosive, or reactive waste through the
    use of either radiography or visual examination of a statistically
    representative subpopulation of the waste; and (2) review of the Waste
    Stream Profile Form to verify that the waste contains no ignitable,
    corrosive, or reactive waste and that assigned Environmental Protection
    Agency hazardous waste numbers are allowed for storage and disposal by
    the WIPP Hazardous Waste Facility Permit.
        (b) Compliance with the disposal room performance standards of the
    WAP hereafter shall be demonstrated exclusively by monitoring airborne
    volatile organic compounds in underground disposal rooms in which waste
    has been emplaced until panel closure.
        Sec. 311. Section 3113 of Public Law 102-486 (42 U.S.C. 2297h-11) is
    amended by adding a new paragraph (4) to subsection (a), as follows:
                ``(4) In the event that a licensee requests the Secretary to
            accept for disposal depleted uranium pursuant to this
            subsection, the Secretary shall be required to take title to and
            possession of such depleted uranium at an existing DUF6 storage
            facility.''.

        Sec. 312. The Department of Energy may use the funds appropriated by
    this Act to undertake any procurement action necessary

    [[Page 118 STAT. 2960]]

    to achieve its small business contracting goals set forth in subsection
    (g) of the Small Business Act, 15 U.S.C. 644(g): Provided, That, none of
    the funds appropriated by this Act may be used by the Department of
    Energy for procurement actions resulting from the break-out of
    requirements from current facility management and operating contracts
    unless, consistent with requirements of Subpart 19.4 of the Federal
    Acquisition Regulation, the Secretary of Energy or his duly authorized
    designee formally requests, considers, and renders an appropriate
    decision on the views of the Small Business Administration Breakout
    Procurement Center Representative or the Representative's duly
    authorized designee concerning cost effectiveness, mission performance,
    security, safety, small business participation, and other legitimate
    acquisition objectives of procurement actions at
    issue. <<NOTE: Deadline. Reports.>> No later than April 1, 2005, the
    Secretary of Energy shall submit a report to the Comptroller General and
    to Congress discussing the Secretary's plans required by section 15(h)
    of the Small Business Act, 15 U.S.C. 644(h), for meeting the
    Department's statutory small business contracting goals while taking
    into account other legitimate acquisition objectives. In preparing the
    report, the Secretary shall request and consider the views of the
    Administrator of the Small Business Administration and the Director of
    the Office of Small and Disadvantaged Business Utilization of the
    Department of Energy. The report shall discuss the Department's policies
    and activities concerning break-outs of procurement requirements from
    current management and operating contracts, consistent with requirements
    of this Act, section 15(h) of the Small Business Act, and Subpart 19.4
    of the Federal Acquisition Regulations.

        Sec. 313. None of the funds appropriated by this Act may be used by
    the Department of Energy to require its management and operating
    contractors to perform contract management, oversight, or administration
    functions prohibited by section 7.503 of the Federal Acquisition
    Regulation in connection with any small business prime contract awarded
    by the Department of Energy.
        Sec. 314. None of the funds in this Act may be used to dispose of
    transuranic waste in the Waste Isolation Pilot Plant which contains
    concentrations of plutonium in excess of 20 percent by weight for the
    aggregate of any material category on the date of enactment of this Act,
    or is generated after such date. For the purpose of this section, the
    material categories of transuranic waste at the Rocky Flats
    Environmental Technology Site include: (1) ash residues; (2) salt
    residue; (3) wet residues; (4) direct repackage residues; and (5) scrub
    alloy as referenced in the ``Final Environmental Impact Statement on
    Management of Certain Plutonium Residues and Scrub Alloy Stored at the
    Rocky Flats Environmental Technology Site''.

                                    TITLE IV

                              INDEPENDENT AGENCIES

                         Appalachian Regional Commission

        For expenses necessary to carry out the programs authorized by the
    Appalachian Regional Development Act of 1965, as amended, for necessary
    expenses for the Federal Co-Chairman and the alternate on the
    Appalachian Regional Commission, for payment of

    [[Page 118 STAT. 2961]]

    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

    [[Page 118 STAT. 2962]]

    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.

    [[Page 118 STAT. 2963]]

        Sec. 504. Extension of Prohibition of Oil and Gas Drilling in the
    Great Lakes. Section 503 of the Energy and Water Development
    Appropriations Act, 2002 (115 Stat. 512), as amended, is amended by
    striking ``2005'' and inserting ``2007''.
        Sec. 505. The Secretary of the Army is hereby authorized, without
    further appropriation, to transfer and advance funds to the
    Administrator of the Bonneville Power Administration for the purposes
    necessary to carry out joint activities in connection with section 2406
    of the Energy Policy Act of 1992.
        Sec. 506. Voting Method for Delta Regional Authority. Section
    382B(c)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
    2009aa-1(c)(1)) is amended--
                (1) in subparagraph (A), by striking ``2004'' and inserting
            ``2008''; and
                (2) in subparagraph (B), by striking ``2005'' and inserting
            ``2009''.

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

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

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

    ``SEC. 2. <<NOTE: 16 USC 831a.>> 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--

    [[Page 118 STAT. 2964]]

                        ``(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;

    [[Page 118 STAT. 2965]]

                        ``(E) adopt and submit to Congress a conflict-of-
                    interest policy applicable to members of the Board and
                    employees of the Corporation;
                        ``(F) establish a compensation plan for employees of
                    the Corporation in accordance with subsection (i);
                        ``(G) approve all compensation (including salary or
                    any other pay, bonuses, benefits, incentives, and any
                    other form of remuneration) of all managers and
                    technical personnel that report directly to the chief
                    executive officer (including any adjustment to
                    compensation);
                        ``(H) ensure that all activities of the Corporation
                    are carried out in compliance with applicable law;
                        ``(I) create an audit committee, composed solely of
                    Board members independent of the management of the
                    Corporation, which shall--
                              ``(i) in consultation with the inspector
                          general of the Corporation, recommend to the Board
                          an external auditor;
                              ``(ii) receive and review reports from the
                          external auditor of the Corporation and inspector
                          general of the Corporation; and
                              ``(iii) make such recommendations to the Board
                          as the audit committee considers necessary;
                        ``(J) create such other committees of Board members
                    as the Board considers to be appropriate;
                        ``(K) conduct such public hearings as it deems
                    appropriate on issues that could have a substantial
                    effect on--
                              ``(i) the electric ratepayers in the service
                          area; or
                              ``(ii) the economic, environmental, social, or
                          physical well-being of the people of the service
                          area;
                        ``(L) establish the electricity rates charged by the
                    Corporation; and
                        ``(M) engage the services of an external auditor for
                    the Corporation.
                ``(2) Meetings.--The Board shall meet at least 4 times each
            year.

        ``(h) Chief Executive Officer.--
                ``(1) Appointment.--The Board shall appoint a person to
            serve as chief executive officer of the Corporation.
                ``(2) Qualifications.--
                        ``(A) In general.--To serve as chief executive
                    officer of the Corporation, a person--
                              ``(i) shall have senior executive-level
                          management experience in large, complex
                          organizations;
                              ``(ii) shall not be a current member of the
                          Board or have served as a member of the Board
                          within 2 years before being appointed chief
                          executive officer; and
                              ``(iii) shall comply with the conflict-of-
                          interest policy adopted by the Board.
                        ``(B) Expertise.--In appointing a chief executive
                    officer, the Board shall give particular consideration
                    to appointing an individual with expertise in the
                    electric industry and with strong financial skills.
                ``(3) Tenure.--The chief executive officer shall serve at
            the pleasure of the Board.

        ``(i) Compensation Plan.--

    [[Page 118 STAT. 2966]]

                ``(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:

    [[Page 118 STAT. 2967]]

        ``(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. <<NOTE: 16 USC 831a
                note.>>

        (a) Appointments. <<NOTE: President.>> --
                (1) In general.--As soon as practicable after the date of
            enactment of this Act, the President shall submit to the Senate
            nominations of six persons to serve as members of the Board of
            Directors of the Tennessee Valley Authority in addition to the
            members serving on the date of enactment of this Act.
                (2) Initial terms.--Notwithstanding section 2(d) of the
            Tennessee Valley Authority Act of 1933 (as amended by this
            title), in making the appointments under paragraph (1), the
            President shall appoint--
                        (A) two members for a term to expire on May 18,
                    2007;
                        (B) two members for a term to expire on May 18,
                    2009; and
                        (C) two members for a term to expire on May 18,
                    2011.

        (b) Effective Date.--The amendments made by this title take effect
    on the later of--
                (1) the date on which at least three persons nominated under
            subsection (a) take office; or
                (2) May 18, 2005.

        (c) <<NOTE: Deadline.>> Selection of Chairman.--The Board of
    Directors of the Tennessee Valley Authority shall select one of the
    members to act as chairman of the Board not later than 30 days after the
    effective date specified in subsection (b).

        (d) Conflict-of-Interest Policy.--The Board of Directors of the
    Tennessee Valley Authority shall adopt and submit to Congress a
    conflict-of-interest policy, as required by section 2(g)(1)(E) of the
    Tennessee Valley Authority Act of 1933 (as amended by this title), as
    soon as practicable after the effective date specified in subsection
    (b).
        (e) Transition.--A person who is serving as a member of the board of
    directors of the Tennessee Valley Authority on the date of enactment of
    this Act--
                (1) shall continue to serve until the end of the current
            term of the member; but
                (2) after the effective date specified in subsection (b),
            shall serve under the terms of the Tennessee Valley Authority
            Act of 1933 (as amended by this title).

        This division may be cited as the ``Energy and Water Development
    Appropriations Act, 2005''.

    [[Page 118 STAT. 2968]]

     DIVISION D-- <<NOTE: Foreign Operations, Export Financing, and Related
        Programs Appropriations Act, 2005.>> 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 <<NOTE: 12 USC 635 note.>> Act, that has
    detonated a nuclear explosive after the date of the enactment of this
    Act: Provided further, <<NOTE: Termination date.>> 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, <<NOTE: Deadline. Reports.>> 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 118 STAT. 2969]]

                             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, <<NOTE: Termination date. 12 USC 635a note.>> 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

    [[Page 118 STAT. 2970]]

    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, <<NOTE: Immunization. HIV/AIDS.>> 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

    [[Page 118 STAT. 2971]]

    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 <<NOTE: Abortion.>> 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

    [[Page 118 STAT. 2972]]

    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) <<NOTE: Deadline. Reports.>> 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 <<NOTE: Non- discrimination.>> in
    awarding grants for natural family planning under section 104 of the
    Foreign Assistance Act of 1961 no applicant shall be discriminated
    against because of such applicant's religious or conscientious
    commitment to offer only natural family planning; and, additionally, all
    such applicants shall comply with the requirements of the previous
    proviso: Provided further, That for purposes of this or any other Act
    authorizing or appropriating funds for foreign operations, export
    financing, and related programs, the term ``motivate'', as it relates to
    family planning assistance, shall not be construed to prohibit the
    provision, consistent with local law, of information or counseling about
    all pregnancy options: Provided further, That to the maximum extent
    feasible, taking into consideration cost, timely availability, and best
    health practices, funds appropriated in this Act or prior appropriations
    Acts that are made available for condom procurement shall be made
    available only for the procurement of condoms manufactured in the United
    States: Provided further, That information provided about the use of
    condoms as part of projects or activities that are funded from amounts
    appropriated by this Act shall be medically accurate and shall include
    the public health benefits and failure rates of such use.

                             development assistance

        For necessary expenses of the United States Agency for International
    Development to carry out the provisions of sections 103, 105, 106, and
    131, and chapter 10 of part I of the Foreign Assistance Act of 1961,
    $1,460,000,000, to remain available until September 30, 2006: Provided,
    That $194,000,000 should be allocated for trade capacity building:
    Provided further, That $300,000,000 should be allocated for basic
    education: Provided further, That of the funds appropriated under this
    heading and managed by the United States

    [[Page 118 STAT. 2973]]

    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, <<NOTE: Reports. Deadline.>> 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

    [[Page 118 STAT. 2974]]

    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, <<NOTE: Applicability.>> 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 <<NOTE: Reports. Deadline.>> none of the funds appropriated under
    this heading

    [[Page 118 STAT. 2975]]

    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, <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 2976]]

    transfer and shall be disbursed within 30 days of the enactment of this
    Act: Provided further, That not less than $535,000,000 shall be
    available only for Egypt, which sum shall be provided on a grant basis,
    and of which sum cash transfer assistance shall be provided with the
    understanding that Egypt will undertake significant economic reforms
    which are additional to those which were undertaken in previous fiscal
    years, and of which $200,000,000 should be provided as Commodity Import
    Program assistance: Provided further, That with respect to the provision
    of assistance for Egypt for democracy and governance activities, the
    organizations implementing such assistance and the specific nature of
    that assistance shall not be subject to the prior approval by the
    Government of Egypt: Provided further, <<NOTE: President.>> 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

    [[Page 118 STAT. 2977]]

    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) <<NOTE: Applicability.>> 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

    [[Page 118 STAT. 2978]]

    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, <<NOTE: Applicability.>> 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) <<NOTE: President. Certification.>> 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.

    [[Page 118 STAT. 2979]]

        (2) Paragraph (1) shall not apply to--
                (A) assistance to combat infectious diseases, child survival
            activities, or assistance for victims of trafficking in persons;
            and
                (B) activities authorized under title V (Nonproliferation
            and Disarmament Programs and Activities) of the FREEDOM Support
            Act.

        (e) Section 907 of the FREEDOM Support Act shall not apply to--
                (1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act and section 1424 of Public
            Law 104-201 or non-proliferation assistance;
                (2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2421);
                (3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his or
            her official capacity;
                (4) any insurance, reinsurance, guarantee or other
            assistance provided by the Overseas Private Investment
            Corporation under title IV of chapter 2 of part I of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
                (5) any financing provided under the Export-Import Bank Act
            of 1945; or
                (6) humanitarian assistance.

                              Independent Agencies

                            INTER-AMERICAN FOUNDATION

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

                         AFRICAN DEVELOPMENT FOUNDATION

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

    [[Page 118 STAT. 2980]]

    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,  <<NOTE: Reports.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: Effective date.>> 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.

    [[Page 118 STAT. 2981]]

               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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: President.>> That the President shall ensure that if
    any helicopter procured with funds under this heading is used to aid or
    abet the operations

    [[Page 118 STAT. 2982]]

    of any illegal self-defense group or illegal security cooperative, such
    helicopter shall be immediately returned to the United States: Provided
    further, <<NOTE: Certification. Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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

    [[Page 118 STAT. 2983]]

    be made available for such purposes unless programs are being
    implemented by the United States Agency for International Development,
    the Government of Colombia, or other organizations, in consultation with
    local communities, to provide alternative sources of income in areas
    where security permits for small-acreage growers whose illicit crops are
    targeted for fumigation: Provided further, That of the funds
    appropriated under this heading, $2,000,000 should be made available
    through nongovernmental organizations for programs to protect
    biodiversity and indigenous reserves in Colombia: Provided further, That
    funds appropriated by this Act may be used for aerial fumigation in
    Colombia's national parks or reserves only if the Secretary of State
    determines that it is in accordance with Colombian laws and that there
    are no effective alternatives to reduce drug cultivation in these areas:
    Provided further, That section 482(b) of the Foreign Assistance Act of
    1961 shall not apply to funds appropriated under this heading: Provided
    further, That assistance provided with funds appropriated under this
    heading that is made available notwithstanding section 482(b) of the
    Foreign Assistance Act of 1961 shall be made available subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That no United States Armed Forces personnel or United
    States civilian contractor employed by the United States will
    participate in any combat operation in connection with assistance made
    available by this Act for Colombia: Provided further, That funds
    appropriated under this heading that are available for assistance for
    the Bolivian military and police may be made available for such purposes
    only if the Bolivian military and police are respecting human rights and
    cooperating with civilian judicial authorities, and the Bolivian
    Government is prosecuting and punishing those responsible for violations
    of human rights: Provided further, That of the funds appropriated under
    this heading, not more than $16,285,000 may be available for
    administrative expenses of the Department of State, and not more than
    $7,800,000 may be available, in addition to amounts otherwise available
    for such purposes, for administrative expenses of the United States
    Agency for International Development.

                        migration and refugee assistance

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

    [[Page 118 STAT. 2984]]

    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

    [[Page 118 STAT. 2985]]

    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

    [[Page 118 STAT. 2986]]

    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, <<NOTE: Deadline.>> 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, <<NOTE: Notification.>> That none of the funds made available
    under this heading in this or any other appropriations Act shall be made
    available for Sudan or Burma unless the Secretary of the Treasury
    determines and notifies the Committees on Appropriations that a
    democratically elected government has taken office: Provided further,
    That none of the funds appropriated under this heading may be paid to
    the HIPC Trust Fund for the benefit of any country that has accepted
    loans from an international financial institution between such country's
    decision point and completion point: Provided further, That the terms
    ``decision point'' and ``completion point'' shall have the same meaning
    as defined by the International Monetary Fund.

                         TITLE III--MILITARY ASSISTANCE

                       Funds Appropriated to the President

                  international military education and training

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

    [[Page 118 STAT. 2987]]

    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, <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 2988]]

    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, <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 2989]]

            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

    [[Page 118 STAT. 2990]]

    Agricultural Development, $15,000,000, to remain available until
    expended.

                    international organizations and programs

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

                           TITLE V--GENERAL PROVISIONS

      compensation for united states executive directors to international
                             financial institutions

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

       restrictions on voluntary contributions to united nations agencies

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

                        limitation on residence expenses

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

    [[Page 118 STAT. 2991]]

                             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) <<NOTE: Certification. Reports.>> 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

    [[Page 118 STAT. 2992]]

    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) <<NOTE: Deadline.>> 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) <<NOTE: Rules. Regulations. Taxes.>> 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

    [[Page 118 STAT. 2993]]

    military coup: Provided, <<NOTE: President. Certification.>> 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) <<NOTE: President. Deadline.>> Transfers Between Accounts.--None
    of the funds made available by this Act may be obligated under an
    appropriation account to which they were not appropriated, except for
    transfers specifically provided for in this Act, unless the President,
    not less than 5 days prior to the exercise of any authority contained in
    the Foreign Assistance Act of 1961 to transfer funds, consults with and
    provides a written policy justification to the Committees on
    Appropriations of the House of Representatives and the Senate.

        (c) Audit of Inter-Agency Transfers.--Any agreement for the transfer
    or allocation of funds appropriated by this Act, or prior Acts, entered
    into between the United States Agency for International Development and
    another agency of the United States Government under the authority of
    section 632(a) of the Foreign Assistance Act of 1961 or any comparable
    provision of law, shall expressly provide that the Office of the
    Inspector General for the agency receiving the transfer or allocation of
    such funds shall perform periodic program and financial audits of the
    use of such funds: Provided, That funds transferred under such authority
    may be made available for the cost of such audits.

                     commercial leasing of defense articles

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

    [[Page 118 STAT. 2994]]

    commercial lease rather than by government-to-government sale under such
    Act.

                              availability of funds

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

                limitation on assistance to countries in default

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

                               commerce and trade

        Sec. 513. (a) None of the funds appropriated or made available
    pursuant to this Act for direct assistance and none of the funds
    otherwise made available pursuant to this Act to the Export-Import Bank
    and the Overseas Private Investment Corporation shall be obligated or
    expended to finance any loan, any assistance or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the commodity
    is likely to be in surplus on world markets at the time the resulting
    productive capacity is expected to become operative and if the
    assistance will cause substantial injury to United States producers of
    the same, similar, or competing commodity: Provided, That such
    prohibition shall not apply to the Export-Import Bank if in the judgment
    of its Board of Directors the benefits to industry and employment in the
    United States are likely to outweigh the injury to United States
    producers of the same, similar, or competing commodity, and the Chairman
    of the Board so notifies the Committees on Appropriations.
        (b) None of the funds appropriated by this or any other Act to carry
    out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
    available for any testing or breeding feasibility

    [[Page 118 STAT. 2995]]

    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. <<NOTE: 22 USC 262h note.>> 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

    [[Page 118 STAT. 2996]]

    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, <<NOTE: Deadline.>> 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) <<NOTE: 22 USC 5814 note.>> 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

    [[Page 118 STAT. 2997]]

    the regular notification procedures of the Committees on Appropriations.
        (d) Funds made available in this Act for assistance for the
    Independent States of the former Soviet Union shall be subject to the
    provisions of section 117 (relating to environment and natural
    resources) of the Foreign Assistance Act of 1961.
        (e) In issuing new task orders, entering into contracts, or making
    grants, with funds appropriated in this Act or prior appropriations Acts
    under the heading ``Assistance for the Independent States of the Former
    Soviet Union'' and under comparable headings in prior appropriations
    Acts, for projects or activities that have as one of their primary
    purposes the fostering of private sector development, the Coordinator
    for United States Assistance to Europe and Eurasia and the implementing
    agency shall encourage the participation of and give significant weight
    to contractors and grantees who propose investing a significant amount
    of their own resources (including volunteer services and in-kind
    contributions) in such projects and activities.

       PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

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

                      export financing transfer authorities

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

    [[Page 118 STAT. 2998]]

                        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. <<NOTE: Reports. Deadline.>> 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, <<NOTE: HIV/AIDS.>> 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

    [[Page 118 STAT. 2999]]

    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 <<NOTE: Human rights.>> 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;

    [[Page 118 STAT. 3000]]

                (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) <<NOTE: 22 USC 7612a.>> 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

    [[Page 118 STAT. 3001]]

    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) <<NOTE: Reports.>> At the close of each fiscal year the
    Coordinator shall submit a report to the Committees on Appropriations
    detailing the financial activities of the HIV/AIDS Fund, including
    sources of income and information regarding disbursements.

                               democracy programs

        Sec. 526. (a) Notwithstanding any other provision of law, of the
    funds appropriated by this Act to carry out the provisions of chapter 4
    of part II of the Foreign Assistance Act of 1961, not less than
    $19,000,000 shall be made available for assistance for activities to
    support democracy, human rights, and the rule of law in the People's
    Republic of China and Hong Kong: Provided, That funds appropriated under
    the heading ``Economic Support Fund'' should be made available for
    assistance for Taiwan for the purposes of furthering political and legal
    reforms: Provided further, That such funds shall only be made available
    to the extent that they are matched from sources other than the United
    States Government: Provided further, That funds made available pursuant
    to the authority of this subsection shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (b)(1) In addition to the funds made available in subsection (a), of
    the funds appropriated by this Act under the heading ``Economic Support
    Fund'' not less than $15,000,000 shall be made available for programs
    and activities to foster democracy, human rights, civic education,
    women's development, press freedom, and the rule of law in countries
    with a significant Muslim population, and where such programs and
    activities would be important to United States efforts to respond to,
    deter, or prevent acts of international terrorism: Provided, That funds
    made available pursuant to the authority of this subsection should
    support new initiatives and activities in those countries: Provided
    further, That of the funds appropriated under this heading, $3,000,000
    shall be made available for programs and activities that provide
    professional training for journalists: Provided further, That,
    notwithstanding any other provision of law, not less than $3,000,000 of
    such funds may be used for making grants to educational, humanitarian
    and nongovernmental organizations and individuals inside Iran to support
    the advancement of democracy and human rights in Iran: Provided further,
    That, notwithstanding any other provision of law, funds appropriated
    pursuant to the authority of this subsection may be made available for
    democracy, human rights, and rule of law programs for Syria: Provided
    further, That funds made available pursuant to this subsection shall be
    subject to the regular notification procedures of the Committees on
    Appropriations.
        (2) In addition to funds made available under subsections (a) and
    (b)(1), of the funds appropriated by this Act under the heading

    [[Page 118 STAT. 3002]]

    ``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, <<NOTE: Reports. Deadline.>> 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. <<NOTE: President. Federal
    Register, publication. Deadline.>> 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

    [[Page 118 STAT. 3003]]

    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) <<NOTE: 22 USC 2362 note.>> 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.

    [[Page 118 STAT. 3004]]

        (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) <<NOTE: President.>> 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) <<NOTE: 50 USC 1701 note.>> 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

    [[Page 118 STAT. 3005]]

    be allocated to the United States Agency for International Development
    for humanitarian assistance for displaced Burmese and host communities
    in Thailand: Provided further, That funds made available under this
    section shall be subject to the regular notification procedures of the
    Committees on Appropriations.
        (c) <<NOTE: President.>> 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. <<NOTE: Reports.>> 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,

    [[Page 118 STAT. 3006]]

    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

    [[Page 118 STAT. 3007]]

    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) <<NOTE: 22 USC 7831.>> 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), <<NOTE: Regulations.>> 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) <<NOTE: Effective date. 8 USC 1255 note.>> 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.

    [[Page 118 STAT. 3008]]

        (n) Extension of Authority.--Public Law 107-57, as amended, is
    further amended--
                (1) in section 1(b) <<NOTE: 115 Stat. 403.>> by striking
            ``2004'' wherever appearing (including in the caption), and
            inserting ``2005'';
                (2) in section 3(2), <<NOTE: 115 Stat. 404.>> by striking
            ``and 2004'' and inserting ``2004 and 2005''; and
                (3) in section 6, <<NOTE: 115 Stat. 405.>> by striking
            ``2004'' and inserting ``2005''.

        (o) Endowments.--
                (1) Of the funds appropriated by this Act and prior Acts
            making appropriations for foreign operations, export financing,
            and related programs, that are available for assistance for
            Cambodia, the following amounts should be made available as
            follows:
                        (A) $2,000,000 for an endowment for a Cambodian
                    nongovernmental organization to document genocide and
                    crimes against humanity in Cambodia; and
                        (B) $3,750,000 for an endowment for an American
                    nongovernmental organization to sustain rehabilitation
                    programs in Cambodia for persons suffering from physical
                    disabilities.
                (2) Such organizations may place amounts made available
            under this subsection in interest bearing accounts and any
            interest earned on such investment shall be used for the purpose
            for which funds were made available under this subsection.

        (p) Extension of Authority.--Chapter 5 of title I of the Emergency
    Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11), is
    amended under the heading ``Loan Guarantees to Israel''--
                (1) by striking ``During the period beginning March 1, 2003,
            and ending September 30, 2005,'' and inserting ``During the
            period beginning March 1, 2003, and ending September 30,
            2007,''; and
                (2) by striking ``That if less than the full amount of
            guarantees authorized to be made available is issued prior to
            September 30, 2005,'' and inserting ``That if less than the full
            amount of guarantees authorized to be made available is issued
            prior to September 30, 2007,''.

        (q) <<NOTE: 22 USC 7702.>> Definition.--Section 603 of title VI of
    division D of the Consolidated Appropriations Act, 2004, Public Law 108-
    199, is amended by adding the following paragraph:
                ``(8) Investments in the people.--The term ``investments in
            the people'' means government policies or programs of an
            eligible country that promote the health, education, and other
            factors which contribute to the well-being and productivity of
            their people, such as decent, affordable housing for all.''.

                          ARAB LEAGUE BOYCOTT OF ISRAEL

        Sec. 535. It is the sense of the Congress that--
                (1) the Arab League boycott of Israel, and the secondary
            boycott of American firms that have commercial ties with Israel,
            is an impediment to peace in the region and to United States
            investment and trade in the Middle East and North Africa;
                (2) the Arab League boycott, which was regrettably
            reinstated in 1997, should be immediately and publicly
            terminated, and the Central Office for the Boycott of Israel
            immediately disbanded;

    [[Page 118 STAT. 3009]]

                (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) <<NOTE: President. Reports.>> 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, <<NOTE: President. Notification.>> 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

    [[Page 118 STAT. 3010]]

            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.

    [[Page 118 STAT. 3011]]

                  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. <<NOTE: Termination date.>> The prohibition under this section with
    respect to a foreign government shall terminate 12 months after that
    government ceases to provide such military
    equipment. <<NOTE: Applicability.>> 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) <<NOTE: President. Reports.>> 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. <<NOTE: Certification.>> (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.

    [[Page 118 STAT. 3012]]

        (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) <<NOTE: Deadline. Reports.>> Not later than 6 months after the
    initial exercise of the waiver authority in subsection (d), the
    Secretary of State, after consultations with the City of New York, shall
    submit a report to the Committees on Appropriations describing a
    strategy, including a timetable and steps currently being taken, to
    collect the parking fines and penalties and unpaid property taxes and
    interest owed by nations receiving foreign assistance under this Act.

        (f) In this section:
                (1) The term ``appropriate congressional committees'' means
            the Committee on Appropriations of the Senate and the Committee
            on Appropriations of the House of Representatives.
                (2) The term ``fully adjudicated'' includes circumstances in
            which the person to whom the vehicle is registered--
                        (A)(i) has not responded to the parking violation
                    summons; or
                        (ii) has not followed the appropriate adjudication
                    procedure to challenge the summons; and
                        (B) the period of time for payment of or challenge
                    to the summons has lapsed.
                (3) The term ``parking fines and penalties'' means parking
            fines and penalties--
                        (A) owed to--
                              (i) the District of Columbia; or
                              (ii) New York, New York; and
                        (B) incurred during the period April 1, 1997,
                    through September 30, 2004.
                (4) The term ``unpaid property taxes'' means the amount of
            unpaid taxes and interest determined to be owed by a foreign
            country on real property in the District of Columbia or New
            York, New York in a court order or judgment entered against such
            country by a court of the United States or any State or
            subdivision thereof.

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

        Sec. 544. None of the funds appropriated by this Act may be
    obligated for assistance for the Palestine Liberation Organization for
    the West Bank and Gaza unless the President has exercised the authority
    under section 604(a) of the Middle East Peace Facilitation Act of 1995
    (title VI of Public Law 104-107) or any other legislation to suspend or
    make inapplicable section 307 of the Foreign Assistance Act of 1961 and
    that suspension is still in effect: Provided, That if the President
    fails to make the certification under section 604(b)(2) of the Middle
    East Peace Facilitation Act of 1995

    [[Page 118 STAT. 3013]]

    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.

    [[Page 118 STAT. 3014]]

                   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) <<NOTE: President. Certification.>> 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) <<NOTE: Termination date.>> 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) <<NOTE: President.>> 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.

    [[Page 118 STAT. 3015]]

                   limitation on assistance to security forces

        Sec. 551. None of the <<NOTE: Human rights.>> 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.

    [[Page 118 STAT. 3016]]

        (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) <<NOTE: Deadline.>> Funds appropriated by this Act to carry out
    provisions of section 541 of the Foreign Assistance Act of 1961 may be
    made available notwithstanding subsection (b) only if at least 15 days
    prior to the obligation of such funds, the Secretary of State provides
    to the Committees on Appropriations a list of those individuals who have
    been credibly alleged to have ordered or carried out extra-judicial and
    political killings that occurred during the March 1997 grenade attack
    against the Khmer Nation Party.

        (e) None of the funds appropriated or otherwise made available by
    this Act may be used to provide assistance to any tribunal established
    by the Government of Cambodia unless the Secretary of State determines
    and reports to the Committees on Appropriations that: (1) Cambodia's
    judiciary is competent, independent, free from widespread corruption,
    and its decisions are free from interference by the executive branch;
    and (2) the proposed tribunal is capable of delivering justice, that
    meets internationally recognized standards, for crimes against humanity
    and genocide in an impartial and credible manner.

                              palestinian statehood

        Sec. 555. (a) Limitation on Assistance.--None of the funds
    appropriated by this Act may be provided to support a Palestinian state
    unless the Secretary of State determines and certifies to the
    appropriate congressional committees that--
                (1) a new leadership of a Palestinian governing entity has
            been democratically elected through credible and competitive
            elections;
                (2) the elected governing entity of a new Palestinian
            state--
                        (A) has demonstrated a firm commitment to peaceful
                    co-existence with the State of Israel;
                        (B) is taking appropriate measures to counter
                    terrorism and terrorist financing in the West Bank and
                    Gaza, including the dismantling of terrorist
                    infrastructures;
                        (C) is establishing a new Palestinian security
                    entity that is cooperative with appropriate Israeli and
                    other appropriate security organizations; and
                (3) the Palestinian Authority (or the governing body of a
            new Palestinian state) is working with other countries in the
            region to vigorously pursue efforts to establish a just,
            lasting, and comprehensive peace in the Middle East that will
            enable Israel and an independent Palestinian state to exist
            within the context of full and normal relationships, which
            should include--
                        (A) termination of all claims or states of
                    belligerency;
                        (B) respect for and acknowledgement of the
                    sovereignty, territorial integrity, and political
                    independence of every state in the area through measures
                    including the establishment of demilitarized zones;
                        (C) their right to live in peace within secure and
                    recognized boundaries free from threats or acts of
                    force;
                        (D) freedom of navigation through international
                    waterways in the area; and

    [[Page 118 STAT. 3017]]

                        (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

    [[Page 118 STAT. 3018]]

                    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) <<NOTE: Deadlines. Termination date.>> 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) <<NOTE: Certification.>> 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

    [[Page 118 STAT. 3019]]

    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

                           west bank and gaza program

        Sec. 559. <<NOTE: Deadline. Certification.>> (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. <<NOTE: Procedures.>> The Secretary of State shall, as
    appropriate, establish procedures specifying the steps to be taken in
    carrying out this subsection and shall terminate assistance to any
    individual, entity, or educational institution which he has determined
    to be involved in or advocating terrorist activity.

        (c) Prohibition.--None of the funds appropriated by this Act for
    assistance under the West Bank and Gaza program may be made available
    for the purpose of recognizing or otherwise honoring individuals who
    commit, or have committed, acts of terrorism.
        (d) Audits.--
                (1) The Administrator of the United States Agency for
            International Development shall ensure that Federal or non-
            Federal audits of all contractors and grantees, and significant
            subcontractors and subgrantees, under the West Bank and Gaza
            Program, are conducted at least on an annual basis to ensure,
            among other things, compliance with this section.
                (2) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'' that are made available for assistance
            for the West Bank and Gaza, up to $1,000,000 may be used by the
            Office of the Inspector General of the United States Agency for
            International Development for audits, inspections, and other
            activities in furtherance of the requirements of this
            subsection. Such funds are in addition to funds otherwise
            available for such purposes.

                 contributions to united nations population fund

        Sec. 560. (a) Limitations on Amount of Contribution.--Of the amounts
    made available under ``International Organizations and Programs'' and
    ``Child Survival and Health Programs Fund'' for fiscal year 2005,
    $34,000,000 shall be made available for the United Nations Population
    Fund (hereafter in this section referred to as the ``UNFPA''): Provided,
    That of this amount, not less than $25,000,000 shall be derived from
    funds appropriated under the heading ``International Organizations and
    Programs''.
        (b) Availability of Funds.--Funds appropriated under the heading
    ``International Organizations and Programs'' in this Act

    [[Page 118 STAT. 3020]]

    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, <<NOTE: Family
    planning.>> 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) <<NOTE: Applicability.>> 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

    [[Page 118 STAT. 3021]]

                (2) are acting consistently with the Dayton Accords.

        (c) <<NOTE: Deadline. Justification.>> 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).

    [[Page 118 STAT. 3022]]

        (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) <<NOTE: President. Certification.>> 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. <<NOTE: 22 USC 2151 note.>> (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

    [[Page 118 STAT. 3023]]

            Commodity Credit Corporation Charter Act of June 29, 1948, as
            amended, section 4(b) of the Food for Peace Act of 1966, as
            amended (Public Law 89-808), or section 202 of the Agricultural
            Trade Act of 1978, as amended (Public Law 95-501).

        (b) Limitations.--
                (1) The authority provided by subsection (a) may be
            exercised only to implement multilateral official debt relief
            and referendum agreements, commonly referred to as ``Paris Club
            Agreed Minutes''.
                (2) The authority provided by subsection (a) may be
            exercised only in such amounts or to such extent as is provided
            in advance by appropriations Acts.
                (3) The authority provided by subsection (a) may be
            exercised only with respect to countries with heavy debt burdens
            that are eligible to borrow from the International Development
            Association, but not from the International Bank for
            Reconstruction and Development, commonly referred to as ``IDA-
            only'' countries.

        (c) Conditions.--The authority provided by subsection (a) may be
    exercised only with respect to a country whose government--
                (1) does not have an excessive level of military
            expenditures;
                (2) has not repeatedly provided support for acts of
            international terrorism;
                (3) is not failing to cooperate on international narcotics
            control matters;
                (4) (including its military or other security forces) does
            not engage in a consistent pattern of gross violations of
            internationally recognized human rights; and
                (5) is not ineligible for assistance because of the
            application of section 527 of the Foreign Relations
            Authorization Act, Fiscal Years 1994 and 1995.

        (d) Availability of Funds.--The authority provided by subsection (a)
    may be used only with regard to the funds appropriated by this Act under
    the heading ``Debt Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
    to subsection (a) shall not be considered assistance for the purposes of
    any provision of law limiting assistance to a country. The authority
    provided by subsection (a) may be exercised notwithstanding section
    620(r) of the Foreign Assistance Act of 1961 or section 321 of the
    International Development and Food Assistance Act of 1975.

                  Authority to Engage in Debt Buybacks or Sales

        Sec. 566. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
                (1) Authority to sell, reduce, or cancel certain loans.--
            Notwithstanding any other provision of law, the President may,
            in accordance with this section, sell to any eligible purchaser
            any concessional loan or portion thereof made before January 1,
            1995, pursuant to the Foreign Assistance Act of 1961, to the
            government of any eligible country as defined in section 702(6)
            of that Act or on receipt of payment from an eligible purchaser,
            reduce or cancel such loan or portion thereof, only for the
            purpose of facilitating--
                        (A) debt-for-equity swaps, debt-for-development
                    swaps, or debt-for-nature swaps; or

    [[Page 118 STAT. 3024]]

                        (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) <<NOTE: President.>> 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) <<NOTE: Notification.>> 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.

    [[Page 118 STAT. 3025]]

                             reconciliation programs

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

                                      SUDAN

        Sec. 569. (a) Availability of Funds.--Of the funds appropriated by
    title II of this Act, not less than $311,000,000 should be made
    available for assistance for Sudan.
        (b) Limitation on Assistance.--Subject to subsection (c):
                (1) Notwithstanding section 501(a) of the International
            Malaria Control Act of 2000 (Public Law 106-570) or any other
            provision of law, none of the funds appropriated by this Act may
            be made available for assistance for the Government of Sudan.
                (2) None of the funds appropriated by this Act may be made
            available for the cost, as defined in section 502, of the
            Congressional Budget Act of 1974, of modifying loans and loan
            guarantees held by the Government of Sudan, including the cost
            of selling, reducing, or canceling amounts owed to the United
            States, and modifying concessional loans, guarantees, and credit
            agreements.

        (c) <<NOTE: Certification.>> 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) <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3026]]

    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, <<NOTE: Deadline.>> That the Secretary of State shall
    consult with the Committees on Appropriations regarding the proposed
    uses of these funds within 30 days of the date of enactment of this Act.

        (h) Technical Change.--Section 12 of the International Organizations
    Immunities Act (22 U.S.C. 288f-2) is amended by striking ``Organization
    of African Unity'' and inserting ``African Union''.

                             trade capacity building

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

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

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

                                    INDONESIA

        Sec. 572. <<NOTE: Certification.>> (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--

    [[Page 118 STAT. 3027]]

                (1) the Armed Forces are taking steps to counter
            international terrorism, consistent with democratic principles
            and the rule of law, and in cooperation with countries in the
            region;
                (2) the Indonesian Government is prosecuting and punishing,
            in a manner proportional to the crime, members of the Armed
            Forces, of whatever rank, who have been credibly alleged to have
            committed gross violations of human rights or to have aided or
            abetted militia groups;
                (3) at the direction of the President of Indonesia, the
            Armed Forces are cooperating with civilian judicial authorities
            and with international efforts to resolve cases of gross
            violations of human rights in East Timor and elsewhere; and
                (4) at the direction of the President of Indonesia, the
            Armed Forces are implementing reforms to increase the
            transparency and accountability of their operations and
            financial management, including making publicly available audits
            of receipts and expenditures.

        (b) Funds appropriated under the heading ``International Military
    Education and Training'' may be made available for assistance for
    Indonesia if the Secretary of State determines and reports to the
    Committees on Appropriations that the Indonesian Government and Armed
    Forces are cooperating with the Federal Bureau of Investigation's
    investigation into the August 31, 2002, murders of two American citizens
    and one Indonesian citizen in Timika, Indonesia: Provided, That this
    restriction shall not apply to expanded international military education
    and training, which may include English language training.

                             limitation on contracts

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

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

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

    [[Page 118 STAT. 3028]]

    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, <<NOTE: President. Certification. Deadline.>> 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) <<NOTE: President.>> 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

    [[Page 118 STAT. 3029]]

            clean energy and energy efficiency technologies; (ii) to assist
            in the measurement, monitoring, reporting, verification, and
            reduction of greenhouse gas emissions; (iii) to promote carbon
            capture and sequestration measures; (iv) to help meet such
            countries' responsibilities under the Framework Convention on
            Climate Change; and (v) to develop assessments of the
            vulnerability to impacts of climate change and mitigation and
            adaptation response strategies.

        (c) Extraction of Natural Resources.--
                (1) The Secretary of the Treasury shall inform the
            managements of the international financial institutions and the
            public that it is the policy of the United States that any
            assistance by such institutions (including but not limited to
            any loan, credit, grant, or guarantee) for the extraction and
            export of oil, gas, coal, timber, or other natural resource
            should not be provided unless the government of the country has
            in place or is taking the necessary steps to establish
            functioning systems for: (i) accurately accounting for revenues
            and expenditures in connection with the extraction and export of
            the type of natural resource to be extracted or exported; (ii)
            the independent auditing of such accounts and the widespread
            public dissemination of the audits; and (iii) verifying
            government receipts against company payments including
            widespread dissemination of such payment information in a manner
            that does not create competitive disadvantage or disclose
            proprietary information.
                (2) <<NOTE: Deadline. Reports.>> 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

    [[Page 118 STAT. 3030]]

    such a waiver is in the national security interest of the United States.
        (c) <<NOTE: Deadline. Reports.>> 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, <<NOTE: Deadline. Procedures.>> 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. <<NOTE: 22 USC 2151 note.>> The Secretary of the Treasury
    shall instruct the United States executive director to each
    international financial

    [[Page 118 STAT. 3031]]

    institution to vote against any extension by the respective institution
    of any loans to the Government of Zimbabwe, except to meet basic human
    needs or to promote democracy, unless the Secretary of State determines
    and certifies to the Committees on Appropriations that the rule of law
    has been restored in Zimbabwe, including respect for ownership and title
    to property, freedom of speech and association.

                                      TIBET

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

                                     NIGERIA

        Sec. 582. <<NOTE: President. Reports.>> 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. <<NOTE: Deadline. President. Certification.>> 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

    [[Page 118 STAT. 3032]]

    ``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) <<NOTE: Certification.>> Not to exceed $3,227,000 in prior year
    ``Military Assistance Program'' funds that are available for Guatemala
    may be made available for non-lethal defense items for Guatemala if the
    Secretary of State certifies to the Committees on Appropriations and the
    Committee on Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives that--
                (1) the role of the Guatemalan military has been limited, in
            doctrine and in practice, to substantially those activities in
            defense of Guatemala's sovereignty and territorial integrity
            that are permitted by the 1996 Peace Accords, and the Government
            of Guatemala is taking steps to pass a new governing law of the
            Army (Ley Constitutiva del Ejercito);
                (2) the Guatemalan military is cooperating with civilian
            judicial authorities, including providing full cooperation on
            access to witnesses, documents and classified intelligence
            files, in investigations and prosecutions of military personnel
            who have been implicated in human rights violations and other
            criminal activity;
                (3) the Government of Guatemala is working with the United
            Nations to resolve legal impediments to the establishment of the
            Commission for the Investigation of Illegal Groups and
            Clandestine Security Organizations (CICIACS), so that CICIACS
            can effectively accomplish its mission of investigating and
            bringing to justice illegal groups and members of clandestine
            security organizations;
                (4) the Government of Guatemala is continuing its efforts to
            make the military budget process transparent and accessible to
            civilian authorities and to the public, for both present and
            past expenditures;
                (5) the Government of Guatemala is working to facilitate the
            prompt establishment of an office in Guatemala of the United
            Nations High Commissioner for Human Rights with the unimpeded
            authority to investigate and report on human rights in
            Guatemala; and
                (6) the Government of Guatemala is taking steps to increase
            its efforts to combat narcotics trafficking and organized crime.

        (c) <<NOTE: 22 USC 2370a.>> 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

    [[Page 118 STAT. 3033]]

                        ``(B) <<NOTE: Deadline.>> 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) <<NOTE: Notice. Federal Register, publication.>> 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, <<NOTE: President. Reports.>> 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

    [[Page 118 STAT. 3034]]

    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. <<NOTE: 22 USC 3948 note.>> (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) <<NOTE: Expiration date.>> The authority to hire
            individuals contained in subsection (a) shall expire on
            September 30, 2007.

        (c) Conditions.--The authority of this section may only be used--
                (1) to the extent that an equivalent number of positions
            that are filled by personal services contractors or other
            nondirect-hire employees of USAID, who are compensated with
            funds appropriated to carry out part I of the Foreign Assistance
            Act of 1961, including funds appropriated under the heading
            ``Assistance for Eastern Europe and the Baltic States'', are
            eliminated; and

    [[Page 118 STAT. 3035]]

                (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.

    [[Page 118 STAT. 3036]]

                                SECURITY IN ASIA

        Sec. 590. <<NOTE: Reports.>> (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) <<NOTE: Reports.>> 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 <<NOTE: 114
    Stat. 1900A-64.>> 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''.

    [[Page 118 STAT. 3037]]

        (b) Section 501(i) of Public Law 106-113 <<NOTE: 22 USC 2395
    note.>> is amended by striking ``2003-2004'' and inserting ``2000-
    2006''.

                     COMPLIANCE WITH THE ALGIERS AGREEMENTS

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

       ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT BANKS

        Sec. 593. (a) Section 1307 of the International Financial
    Institutions Act (22 U.S.C. 262m-7) is amended--
                (1) by striking subsection (a) and inserting the following:

        ``(a) Assessment Required Before Favorable Vote on Proposal.--The
    Secretary of the Treasury shall instruct the United States Executive
    Director of each multilateral development bank not to vote in favor of
    any proposal (including but not limited to any loan, credit, grant,
    guarantee) which would result or be likely to result in significant
    impact on the environment, unless the Secretary, after consultation with
    the Secretary of State and the Administrators of the United States
    Agency for International Development and the Environmental Protection
    Agency, determines that for at least 120 days before the date of the
    vote--
                ``(1) an assessment analyzing the environmental impacts of
            the proposed action, including associated and cumulative
            impacts, and of alternatives to the proposed action, has been
            completed by the borrower or the bank and has been made
            available to the board of directors of the bank; and
                ``(2) such assessment or a comprehensive summary of the
            assessment (with proprietary information redacted) has been made
            available to affected groups, and local nongovernmental
            organizations and notice of its availability in the country and
            at the bank has been posted on the bank's website.''; and
                (2) by striking subsection (g) and inserting the following:

        ``(g) Multilateral Development Bank Defined.--In this title, the
    term `multilateral development bank' means the International Bank for
    Reconstruction and Development, the European Bank for Reconstruction and
    Development, the International Development Association, the
    International Finance Corporation, the Multilateral Investment Guarantee
    Agency, the African Development Bank, the African Development Fund, the
    Asian Development Bank, the Inter-American Development Bank, the Inter-
    American Investment Corporation, any other institution (other than the
    International Monetary Fund) specified in section 1701(c)(2), and any
    subsidiary of any such institution.''.
        (b) Section 1303(b) of the International Financial Institutions Act
    (22 U.S.C. 262m-2(b)) is amended--

    [[Page 118 STAT. 3038]]

                (1) by inserting ``(1)'' after ``(b)'' and replacing
            ``International Bank for Reconstruction and Development, the
            Inter-American Development Bank, the Asian Development Bank, the
            African Development Bank'' with the phrase ``multilateral
            development banks as defined in section 1307(g)''; and
                (2) by inserting at the end of subsection (b) the following
            text:

        ``(2) The Secretary of the Treasury shall instruct such Executive
    Directors to work with other countries' Executive Directors and
    multilateral development bank management to--
                ``(A) improve the procedures of each multilateral
            development bank for providing its board of directors with a
            complete and accurate record regarding public consultation
            before they vote on proposed projects with significant
            environmental implications; and
                ``(B) revise bank procedures to consistently require public
            consultation on operational policy proposals or revisions that
            have significant environmental or social implications.

        ``(3) Progress under this subsection shall be incorporated into
    Treasury's required annual report to Congress on the environmental
    performance of the multilateral development banks.''.

                               VIETNAMESE REFUGEES

        Sec. 594. (a) Eligibility for In-Country Refugee Processing in
    Vietnam.--For purposes of eligibility for in-country refugee processing
    for nationals of Vietnam during fiscal years 2004 and 2005, an alien
    described in subsection (b) shall be considered to be a refugee of
    special humanitarian concern to the United States (within the meaning of
    section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)) and
    shall be admitted to the United States for resettlement if the alien
    would be admissible as an immigrant under the Immigration and
    Nationality Act (except as provided in section 207(c)(3) of that Act).
        (b) Aliens Covered.--An alien described in this subsection is an
    alien who--
                (1) is the son or daughter of a qualified national;
                (2) is 21 years of age or older; and
                (3) was unmarried as of the date of acceptance of the
            alien's parent for resettlement under the Orderly Departure
            Program or through the United States Consulate General in Ho Chi
            Minh City.

        (c) Qualified National.-- <<NOTE: Definition.>> 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

    [[Page 118 STAT. 3039]]

                (3)(A) is presently maintaining a residence in the United
            States or whose surviving spouse is presently maintaining such a
            residence; or
                (B) was approved for refugee resettlement or immigrant visa
            processing and is awaiting departure formalities from Vietnam or
            whose surviving spouse is awaiting such departure formalities.

                           JOINT EXPLANATORY STATEMENT

        Sec. 595. (a) Funds provided in this Act for the following accounts
    shall be made available for programs and countries in the amounts
    contained in the respective tables included in the joint explanatory
    statement of managers accompanying this Act:
                ``Economic Support Fund''.
                ``Assistance for Eastern Europe and the Baltic States''.
                ``Assistance for the Independent States of the Former Soviet
            Union''.
                ``Andean Counterdrug Initiative''.
                ``Nonproliferation, Anti-Terrorism, Demining and Related
            Programs''.
                ``Foreign Military Financing Program''.
                ``International Organizations and Programs''.

        (b) Any proposed increases or decreases to the amounts contained in
    such tables in the joint explanatory statement of managers shall be
    subject to the regular notification procedures of the Committees on
    Appropriations and section 634A of the Foreign Assistance Act of 1961.
        This division may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2005''.

      DIVISION E-- <<NOTE: Department of the Interior and Related Agencies
       Appropriations Act, 2005.>> 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

    [[Page 118 STAT. 3040]]

    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, <<NOTE: Contracts. Grants.>> That using the amounts designated
    under this title of this Act, the Secretary of the Interior may enter
    into procurement contracts, grants, or cooperative agreements, for
    hazardous fuels reduction activities, and for training and monitoring
    associated with such hazardous fuels reduction activities, on Federal
    land, or on adjacent non-Federal land for activities that benefit
    resources on Federal land: Provided further, That the costs of
    implementing any cooperative agreement between the Federal Government
    and any non-Federal entity may be shared, as mutually agreed on by the
    affected parties: Provided further, That notwithstanding requirements of
    the Competition in Contracting Act, the Secretary, for purposes of
    hazardous fuels reduction activities, may obtain maximum practicable
    competition among: (1) local private, nonprofit, or cooperative
    entities; (2) Youth Conservation Corps crews or related partnerships
    with State, local, or non-profit youth groups; (3) small or micro-
    businesses; or (4) other entities that will hire or train locally a
    significant percentage, defined as 50 percent or more, of the project
    workforce to complete such <<NOTE: Guidance.>> 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

    [[Page 118 STAT. 3041]]

    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

    [[Page 118 STAT. 3042]]

    lands or interests therein, including existing connecting roads on or
    adjacent to such grant lands; $109,057,000, to remain available until
    expended: Provided, That 25 percent of the aggregate of all receipts
    during the current fiscal year from the revested Oregon and California
    Railroad grant lands is hereby made a charge against the Oregon and
    California land-grant fund and shall be transferred to the General Fund
    in the Treasury in accordance with the second paragraph of subsection
    (b) of title II of the Act of August 28, 1937 (50 Stat. 876).

                    forest ecosystem health and recovery fund

                        (Revolving Fund, Special Account)

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

                               Range Improvements

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

                   Service Charges, Deposits, and Forfeitures

        For administrative expenses and other costs related to processing
    application documents and other authorizations for use and disposal of
    public lands and resources, for costs of providing copies of official
    public land documents, for monitoring construction, operation, and
    termination of facilities in conjunction with use authorizations, and
    for rehabilitation of damaged property, such amounts as may be collected
    under Public Law 94-579, as amended, and Public Law 93-153, to remain
    available until expended: Provided, <<NOTE: 43 USC 1735 note.>> 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

    [[Page 118 STAT. 3043]]

    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, <<NOTE: Contracts.>> 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

    [[Page 118 STAT. 3044]]

    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, <<NOTE: Contracts.>> 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

    [[Page 118 STAT. 3045]]

    acquisition account shall be available until expended without further
    act of appropriation to the Director of the United States Fish and
    Wildlife Service for only the following purposes: (1) to acquire lands
    from Doyon, Limited, located within Yukon Flats National Wildlife Refuge
    in accordance with the Exchange Agreement; (2) to acquire lands from
    other willing sellers in the Yukon Flats National Wildlife Refuge, or
    from other willing sellers in other units of the National Wildlife
    Refuge System located within the State of Alaska; and (3) to construct
    facilities and infrastructure for Alaska refuges: Provided further, That
    none of the funds appropriated for specific land acquisition projects,
    other than the appropriations for the Yukon Flats National Wildlife
    Refuge exchange and acquisition provided for under this heading, can be
    used to pay for any administrative overhead, planning or other
    management costs: Provided further, That none of the funds in this or
    any other Act may be used for the acquisition of land for inclusion in
    the Deep Fork National Wildlife Refuge.

                           Landowner Incentive Program

        For expenses necessary to carry out the Land and Water Conservation
    Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for private conservation efforts to be
    carried out on private lands, $22,000,000, to be derived from the Land
    and Water Conservation Fund, and to remain available until expended:
    Provided, <<NOTE: Grants. State listing.>> 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,

    [[Page 118 STAT. 3046]]

    $81,596,000, of which $32,212,000 is to be derived from the Cooperative
    Endangered Species Conservation Fund and $49,384,000 is to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended.

                          National Wildlife Refuge Fund

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

                    North American Wetlands Conservation Fund

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

                     Neotropical Migratory Bird Conservation

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

                     Multinational Species Conservation Fund

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

                        State and Tribal Wildlife Grants

        For wildlife conservation grants to States and to the District of
    Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
    Northern Mariana Islands, American Samoa, and federally recognized
    Indian tribes under the provisions of the Fish and Wildlife Act of 1956
    and the Fish and Wildlife Coordination Act, for the development and
    implementation of programs for the benefit of wildlife and their
    habitat, including species that are not hunted or fished, $70,000,000,
    to be derived from the Land and Water Conservation Fund, and to remain
    available until expended: Provided, That of the amount provided herein,
    $6,000,000 is for a competitive grant program for Indian tribes not
    subject to the remaining provisions of this appropriation: Provided
    further, That the Secretary shall, after deducting said $6,000,000 and
    administrative expenses, apportion the amount provided herein in the
    following manner: (1) to the District of Columbia and to the
    Commonwealth of Puerto Rico, each a sum equal to not more than one-half
    of 1 percent thereof; and (2) to Guam, American Samoa, the United States
    Virgin Islands, and the Commonwealth of the Northern Mariana Islands,
    each a sum equal to not more than one-fourth of 1 percent thereof:
    Provided further, That the Secretary shall apportion the remaining
    amount in the following manner: (1) one-third of which is based on the
    ratio to which the land area of such State bears to the total land area
    of all such States; and

    [[Page 118 STAT. 3047]]

    (2) two-thirds of which is based on the ratio to which the population of
    such State bears to the total population of all such States: Provided
    further, That the amounts apportioned under this paragraph shall be
    adjusted equitably so that no State shall be apportioned a sum which is
    less than 1 percent of the amount available for apportionment under this
    paragraph for any fiscal year or more than 5 percent of such amount:
    Provided further, That the Federal share of planning grants shall not
    exceed 75 percent of the total costs of such projects and the Federal
    share of implementation grants shall not exceed 50 percent of the total
    costs of such projects: Provided further, That the non-Federal share of
    such projects may not be derived from Federal grant programs: Provided
    further, <<NOTE: Deadline.>> 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, <<NOTE: Contracts.>> 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

    [[Page 118 STAT. 3048]]

    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.

    [[Page 118 STAT. 3049]]

                           Historic Preservation Fund

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

                                  construction

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

    [[Page 118 STAT. 3050]]

    to the Service for the maintenance of the parking lot and connecting
    trail.

                        Land and Water Conservation Fund

                                  (rescission)

        The <<NOTE: 16 USC 460l-10a note.>> 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, <<NOTE: Expiration date. Reports.>> 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.

    [[Page 118 STAT. 3051]]

        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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3052]]

    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 <<NOTE: 43 USC 50.>> 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 <<NOTE: Contracts.>> 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

    [[Page 118 STAT. 3053]]

    shall be available for royalty management activities; and an amount not
    to exceed $103,730,000, to be credited to this appropriation and to
    remain available until expended, from additions to receipts resulting
    from increases to rates in effect on August 5, 1993, from rate increases
    to fee collections for Outer Continental Shelf administrative activities
    performed by the Minerals Management Service (MMS) over and above the
    rates in effect on September 30, 1993, and from additional fees for
    Outer Continental Shelf administrative activities established after
    September 30, 1993: Provided, That to the extent $103,730,000 in
    additions to receipts are not realized from the sources of receipts
    stated above, the amount needed to reach $103,730,000 shall be credited
    to this appropriation from receipts resulting from rental rates for
    Outer Continental Shelf leases in effect before August 5, 1993: Provided
    further, That $3,000,000 for computer acquisitions shall remain
    available until September 30, 2006: Provided further, That funds
    appropriated under this Act shall be available for the payment of
    interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further,
    That not to exceed $3,000 shall be available for reasonable expenses
    related to promoting volunteer beach and marine cleanup activities:
    Provided further, That notwithstanding any other provision of law,
    $15,000 under this heading shall be available for refunds of
    overpayments in connection with certain Indian leases in which the
    Director of MMS concurred with the claimed refund due, to pay amounts
    owed to Indian allottees or tribes, or to correct prior unrecoverable
    erroneous payments: Provided further, That MMS may under the royalty-in-
    kind program, or under its authority to transfer oil to the Strategic
    Petroleum Reserve, use a portion of the revenues from royalty-in-kind
    sales, without regard to fiscal year limitation, to pay for
    transportation to wholesale market centers or upstream pooling points,
    to process or otherwise dispose of royalty production taken in kind, and
    to recover MMS transportation costs, salaries, and other administrative
    costs directly related to the royalty-in-kind program: Provided further,
    That MMS shall analyze and document the expected return in advance of
    any royalty-in-kind sales to assure to the maximum extent practicable
    that royalty income under the pilot program is equal to or greater than
    royalty income recognized under a comparable royalty-in-value program:
    Provided further, <<NOTE: 30 USC 1721 note.>> 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.

    [[Page 118 STAT. 3054]]

              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, <<NOTE: 30 USC 1211
    note.>> 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

    [[Page 118 STAT. 3055]]

    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

    [[Page 118 STAT. 3056]]

    30, 2006, may be transferred during fiscal year 2007 to an Indian forest
    land assistance account established for the benefit of such tribe within
    the tribe's trust fund account: Provided further, That any such
    unobligated balances not so transferred shall expire on September 30,
    2007.

                                  Construction

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

    [[Page 118 STAT. 3057]]

    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 <<NOTE: Contracts.>> 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

    [[Page 118 STAT. 3058]]

    relationship between the United States and that tribe, or that tribe's
    ability to access future appropriations.
        Notwithstanding <<NOTE: Alaska.>> any other provision of law, no
    funds available to the Bureau, other than the amounts provided herein
    for assistance to public schools under 25 U.S.C. 452 et seq., shall be
    available to support the operation of any elementary or secondary school
    in the State of Alaska.

        Appropriations made available in this or any other Act for schools
    funded by the Bureau shall be available only to the schools in the
    Bureau school system as of September 1, 1996. No funds available to the
    Bureau shall be used to support expanded grades for any school or
    dormitory beyond the grade structure in place or approved by the
    Secretary of the Interior at each school in the Bureau school system as
    of October 1, 1995. Funds made available under this Act may not be used
    to establish a charter school at a Bureau-funded school (as that term is
    defined in section 1146 of the Education Amendments of 1978 (25 U.S.C.
    2026)), except that a charter school that is in existence on the date of
    the enactment of this Act and that has operated at a Bureau-funded
    school before September 1, 1999, may continue to operate during that
    period, but only if the charter school pays to the Bureau a pro rata
    share of funds to reimburse the Bureau for the use of the real and
    personal property (including buses and vans), the funds of the charter
    school are kept separate and apart from Bureau funds, and the Bureau
    does not assume any obligation for charter school programs of the State
    in which the school is located if the charter school loses such funding.
    Employees of Bureau-funded schools sharing a campus with a charter
    school and performing functions related to the charter school's
    operation and employees of a charter school shall not be treated as
    Federal employees for purposes of chapter 171 of title 28, United States
    Code.
        Notwithstanding any other provision of law, including section 113 of
    title I of appendix C of Public Law 106-113, if a tribe or tribal
    organization in fiscal year 2003 or 2004 received indirect and
    administrative costs pursuant to a distribution formula based on section
    5(f) of Public Law 101-301, the Secretary shall continue to distribute
    indirect and administrative cost funds to such tribe or tribal
    organization using the section 5(f) distribution formula.

                              Departmental Offices

                                 Insular Affairs

                            Assistance to Territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior, $76,255,000, of which:
    (1) $69,682,000 shall be available until expended for technical
    assistance, including maintenance assistance, disaster assistance,
    insular management controls, coral reef initiative activities, and brown
    tree snake control and research; grants to the judiciary in American
    Samoa for compensation and expenses, as authorized by law (48 U.S.C.
    1661(c)); grants to the Government of American Samoa, in addition to
    current local revenues, for construction and support of governmental
    functions; grants to the Government of the Virgin Islands as authorized
    by law; grants to the Government of Guam, as authorized by law; and
    grants to the Government

    [[Page 118 STAT. 3059]]

    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 <<NOTE: 48 USC
    1469b.>> 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

    [[Page 118 STAT. 3060]]

    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, <<NOTE: Deadline.>> That amounts
    otherwise appropriated by this Act for motor vehicle lease, purchase or
    service costs at the Department of the Interior are reduced by
    $3,000,000 and, not later than 30 days after the date of the enactment
    of this Act, the Director of the Office of Management and Budget shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a listing of the amounts by account of
    the reductions made pursuant to this proviso.

                            Payments in Lieu of Taxes

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

                             Office of the Solicitor

                              Salaries and Expenses

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

                           Office of Inspector General

                              Salaries and Expenses

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

                 Office of Special Trustee for American Indians

                             Federal Trust Programs

        For the operation of trust programs for Indians by direct
    expenditure, contracts, cooperative agreements, compacts, and grants,
    $196,267,000, to remain available until expended, of which not to exceed
    $58,000,000 shall be available for historical accounting: Provided, That
    funds for trust management improvements and litigation support may, as
    needed, be transferred to or merged with the Bureau of Indian Affairs,
    ``Operation of Indian Programs'' account; the Office of the Solicitor,
    ``Salaries and Expenses'' account; and the Departmental Management,
    ``Salaries and Expenses'' account: Provided further, That funds made
    available to Tribes and Tribal organizations through contracts or grants
    obligated during fiscal year 2005, as authorized by the Indian Self-
    Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain
    available until expended by the contractor or grantee: Provided further,
    That, notwithstanding any other provision of law, the statute of
    limitations shall not commence to run on any claim, including any claim
    in litigation pending on the date of the enactment of this Act,
    concerning losses to or mismanagement of trust

    [[Page 118 STAT. 3061]]

    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 <<NOTE: 25 USC 4011 note.>> 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 <<NOTE: Records.>> 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

    [[Page 118 STAT. 3062]]

    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, <<NOTE: Reports.>> 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

    [[Page 118 STAT. 3063]]

    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. <<NOTE: 43 USC 1471c-1.>> 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. <<NOTE: 43 USC 1471h.>> 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. <<NOTE: 43 USC 1471i.>> 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.

    [[Page 118 STAT. 3064]]

        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. <<NOTE: 25 USC 450e-3.>> Advance payments made by the
    Department of the Interior to Indian tribes, tribal organizations, and
    tribal consortia pursuant to the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled
    Schools Act of 1988 (25 U.S.C. 2501 et seq.) may hereafter be invested
    by the Indian tribe, tribal organization, or consortium before such
    funds are expended for the purposes of the grant, compact, or annual
    funding agreement so long as such funds are--
                (1) invested by the Indian tribe, tribal organization, or
            consortium only in obligations of the United States, or in
            obligations or securities that are guaranteed or insured by the
            United States, or mutual (or other) funds registered with the
            Securities and Exchange Commission and which only invest in
            obligations of the United States or securities that are
            guaranteed or insured by the United States; or
                (2) deposited only into accounts that are insured by an
            agency or instrumentality of the United States, or are fully
            collateralized to ensure protection of the funds, even in the
            event of a bank failure.

        Sec. 112. Appropriations made in this Act under the headings Bureau
    of Indian Affairs and Office of Special Trustee for American Indians and
    any unobligated balances from prior appropriations Acts made under the
    same headings shall be available for expenditure or transfer for Indian
    trust management and reform activities, except that total funding for
    historical accounting activities shall not exceed amounts specifically
    designated in this Act for such purpose.
        Sec. 113. Notwithstanding any other provision of law, for the
    purpose of reducing the backlog of Indian probate cases in the
    Department of the Interior, the hearing requirements of chapter 10 of
    title 25, United States Code, are deemed satisfied by a proceeding
    conducted by an Indian probate judge, appointed by the Secretary without
    regard to the provisions of title 5, United States Code, governing the
    appointments in the competitive service, for such period of time as the
    Secretary determines necessary: Provided, That the basic pay of an
    Indian probate judge so appointed may be fixed by the Secretary without
    regard to the provisions of chapter 51, and subchapter III of chapter 53
    of title 5, United States Code, governing the classification and pay of
    General Schedule employees, except that no such Indian probate judge may
    be paid at a level which exceeds the maximum rate payable for the
    highest grade of the General Schedule, including locality pay.
        Sec. 114. Notwithstanding any other provision of law, the Secretary
    of the Interior is authorized to redistribute any Tribal Priority
    Allocation funds, including tribal base funds, to alleviate tribal
    funding inequities by transferring funds to address identified,

    [[Page 118 STAT. 3065]]

    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. <<NOTE: Kansas. Cemeteries.>> (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. <<NOTE: 43 USC 1474e.>> Notwithstanding 31 U.S.C. 3302(b),
    sums received by the Bureau of Land Management for the sale of seeds or
    seedlings, may hereafter be credited to the appropriation from which
    funds were expended to acquire or grow the seeds or seedlings and are
    available without fiscal year limitation.

        Sec. 119. The Secretary of the Interior may use or contract for the
    use of helicopters or motor vehicles on the Sheldon and Hart National
    Wildlife Refuges for the purpose of capturing and transporting horses
    and burros. The provisions of subsection (a) of the Act of September 8,
    1959 (18 U.S.C. 47(a)) shall not be applicable to such use. Such use
    shall be in accordance with humane procedures prescribed by the
    Secretary.
        Sec. 120. (a) Limitation on Increases in Claims Maintenance and
    Location Fees.--The fees established in 30 U.S.C. 28f and 28g shall be
    equal to the fees in effect immediately prior to the rule of July 1,
    2004 (69 Fed. Reg. 40,294) until the Department of the Interior has
    complied with the obligations established in subsections (b) and (c).
        (b) Establishment of Permit Tracking System.--The Department of the
    Interior shall establish a nationwide tracking system to determine and
    address the length of time from submission of a plan of operations to
    mine on public lands to final approval of such submission.
        (c) Report.--Within 1 year of enactment, the Department shall file a
    detailed report with the House and Senate Committees on Appropriations
    and the Committee on Resources of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate providing
    detailed information on the length

    [[Page 118 STAT. 3066]]

    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

    [[Page 118 STAT. 3067]]

    of the Department of the Interior and Related Agencies Appropriations
    Act, 2001 (114 Stat. 944), or land that is contiguous to that land,
    regardless of whether the land or contiguous land has been taken into
    trust by the Secretary of the Interior.
        Sec. 129. No funds appropriated for the Department of the Interior
    by this Act or any other Act shall be used to study or implement any
    plan to drain Lake Powell or to reduce the water level of the lake below
    the range of water levels required for the operation of the Glen Canyon
    Dam.
        Sec. 130. Notwithstanding the limitation in subparagraph (2)(B) of
    section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)),
    the total amount of all fees imposed by the National Indian Gaming
    Commission for fiscal year 2006 shall not exceed $12,000,000.
        Sec. 131. Notwithstanding any implementation of the Department of
    the Interior's trust reorganization or reengineering plans, or the
    implementation of the ``To Be'' Model, funds appropriated for fiscal
    year 2005 shall be available to the tribes within the California Tribal
    Trust Reform Consortium and to the Salt River Pima-Maricopa Indian
    Community, the Confederated Salish and Kootenai Tribes of the Flathead
    Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation
    through the same methodology as funds were distributed in fiscal year
    2003. This Demonstration Project shall continue to operate separate and
    apart from the Department of the Interior's trust reform and
    reorganization and the Department shall not impose its trust management
    infrastructure upon or alter the existing trust resource management
    systems of the above referenced tribes having a self-governance compact
    and operating in accordance with the Tribal Self-Governance Program set
    forth in 25 U.S.C. 458aa-458hh: Provided, That the California Trust
    Reform Consortium and any other participating tribe agree to carry out
    their responsibilities under the same written and implemented fiduciary
    standards as those being carried by the Secretary of the Interior:
    Provided further, That they demonstrate to the satisfaction of the
    Secretary that they have the capability to do so: Provided further, That
    the Department shall provide funds to the tribes in an amount equal to
    that required by 25 U.S.C. 458cc(g)(3), including funds specifically or
    functionally related to the provision of trust services to the tribes or
    their members.
        Sec. 132. Notwithstanding any provision of law, including 42 U.S.C.
    4321 et. seq., nonrenewable grazing permits authorized in the Jarbidge
    Field Office, Bureau of Land Management within the past 8 years, shall
    be renewed. The Animal Unit Months contained in the most recently
    expired nonrenewable grazing permit, authorized between March 1, 1997,
    and February 28, 2003, shall continue in effect under the renewed
    permit. Nothing in this section shall be deemed to extend the
    nonrenewable permits beyond the standard 1-year term.
        Sec. 133. <<NOTE: Notices. Mining. Claims.>> 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:

    [[Page 118 STAT. 3068]]

    ``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 <<NOTE: Ante, p. 1142.>> 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. <<NOTE: South Carolina. 16 USC 668dd note.>> 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, <<NOTE: California. Federal
    buildings and facilities.>> 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) <<NOTE: 16 USC 45f.>> is amended--
                (1) in subsection (c)(2), by striking ``Such rights of use
            and occupancy shall be for not more than twenty-five years

    [[Page 118 STAT. 3069]]

            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 <<NOTE: 16 USC 45a-1
    note.>> is amended by striking ``one renewal'' and inserting ``3
    renewals''.

        (2) Section 3 of Public Law 99-338 <<NOTE: 100 Stat. 641.>> 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. <<NOTE: Gaylord A. Nelson Apostle Islands National
    Lakeshore Wilderness Act.>> (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) <<NOTE: 16 USC 1132 note.>> 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.--

    [[Page 118 STAT. 3070]]

                        (A) The map referred to in subsection (b) shall be
                    on file and available for public inspection in the
                    appropriate offices of the National Park Service.
                        (B) As soon as practical after enactment of this
                    section, the Secretary shall submit a description of the
                    boundary of the wilderness areas to the Committee on
                    Energy and Natural Resources of the Senate and the
                    Committee on Resources of the United States House of
                    Representatives.
                        (C) The map and description shall have the same
                    force and effect as if included in this section, except
                    that the Secretary may correct clerical and
                    typographical errors in the description and maps.
                (3) Boundary of the wilderness.--Any portion of wilderness
            designated in paragraph (c)(1) that is bordered by Lake Superior
            shall use as its boundary the high-water mark.
                (4) Naming.--The wilderness area designated by this section
            shall be known as the Gaylord A. Nelson National Wilderness.

        (d) Administration.--
                (1) Management.--Subject to valid existing rights, the lands
            designated as wilderness by this section shall be administered
            by the Secretary in accordance with the applicable provisions of
            the Wilderness Act (16 U.S.C. 1131), except that--
                        (A) any reference in that Act to the effective date
                    shall be considered to be a reference to the date of
                    enactment of this section; and
                        (B) where appropriate, any reference to the
                    Secretary of Agriculture shall be considered to be a
                    reference to the Secretary of the Interior with respect
                    to lands administered by the Secretary.
                (2) Savings provisions.--Nothing in this section shall--
                        (A) modify, alter, or in any way affect any treaty
                    rights;
                        (B) alter the management of the waters of Lake
                    Superior within the boundary of the Apostle Islands
                    National Lakeshore in existence on the date of enactment
                    of this section; or
                        (C) be construed to modify, limit, or in any way
                    affect the use of motors on the lake waters, including
                    snowmobiles and the beaching of motorboats adjacent to
                    wilderness areas below the high-water mark, and the
                    maintenance and expansion of any docks existing at the
                    time of the enactment of this section.

        Sec. 141. Upon the request of the permittee for the Clark Mountain
    Allotment lands adjacent to the Mojave National Preserve, the Secretary
    shall also issue a special use permit for that portion of the grazing
    allotment located within the Preserve. The special use permit shall be
    issued with the same terms and conditions as the most recently-issued
    permit for that allotment and the Secretary shall consider the permit to
    be one transferred in accordance with section 325 of Public Law 108-108.
        Sec. 142. Sale of Wild Free-Roaming Horses and Burros. (a) In
    General.--Section 3 of Public Law 92-195 (16 U.S.C. 1333) is amended--
                (1) in subsection (d)(5), by striking ``this section'' and
            all that follows through the period at the end and inserting
            ``this section.''; and
                (2) by adding at the end the following:

    [[Page 118 STAT. 3071]]

        ``(e) Sale of Excess Animals.--
                ``(1) In general.--Any excess animal or the remains of an
            excess animal shall be sold if--
                        ``(A) the excess animal is more than 10 years of
                    age; or
                        ``(B) the excess animal has been offered
                    unsuccessfully for adoption at least 3 times.
                ``(2) Method of sale.--An excess animal that meets either of
            the criteria in paragraph (1) shall be made available for sale
            without limitation, including through auction to the highest
            bidder, at local sale yards or other convenient livestock
            selling facilities, until such time as--
                        ``(A) all excess animals offered for sale are sold;
                    or
                        ``(B) the appropriate management level, as
                    determined by the Secretary, is attained in all areas
                    occupied by wild free-roaming horses and burros.
                ``(3) Disposition of funds.--Funds generated from the sale
            of excess animals under this subsection shall be--
                        ``(A) credited as an offsetting collection to the
                    Management of Lands and Resources appropriation for the
                    Bureau of Land Management; and
                        ``(B) used for the costs relating to the adoption of
                    wild free-roaming horses and burros, including the costs
                    of marketing such adoption.
                ``(4) Effect of sale.--Any excess animal sold under this
            provision shall no longer be considered to be a wild free-
            roaming horse or burro for purposes of this Act.''.

        (b) Criminal Provisions.--Section 8(a)(4) of Public Law 92-195 (16
    U.S.C. 1338(a)(4)) is amended by inserting ``except as provided in
    section 3(e),'' before ``processes''.
        Sec. 143. <<NOTE: Migratory Bird Treaty Reform Act of 2004. 16 USC
    710 note.>> (a) Short Title.--This section may be cited as the
    ``Migratory Bird Treaty Reform Act of 2004''.

        (b) Exclusion of Non-Native Species From Application of Certain
    Prohibitions Under Migratory Bird Treaty Act.--Section 2 of the
    Migratory Bird Treaty Act (16 U.S.C. 703) is amended--
                (1) in the first sentence by striking ``That unless and
            except as permitted'' and inserting the following: ``(a) In
            General.--Unless and except as permitted''; and
                (2) by adding at the end the following:

        ``(b) Limitation on Application to Introduced Species.--
                ``(1) In general.--This Act applies only to migratory bird
            species that are native to the United States or its territories.
                ``(2) Native to the united states defined.--
                        ``(A) In general.--Subject to subparagraph (B), in
                    this subsection the term `native to the United States or
                    its territories' means occurring in the United States or
                    its territories as the result of natural biological or
                    ecological processes.
                        ``(B) Treatment of introduced species.--For purposes
                    of paragraph (1), a migratory bird species that occurs
                    in the United States or its territories solely as a
                    result of intentional or unintentional human-assisted
                    introduction shall not be considered native to the
                    United States or its territories unless--
                              ``(i) it was native to the United States or
                          its territories and extant in 1918;

    [[Page 118 STAT. 3072]]

                              ``(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) <<NOTE: 16 USC 703 note.>> Publication of List.--
                (1) <<NOTE: Deadline. Federal Register, publication.>> 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) <<NOTE: 16 USC 703 note.>> 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. <<NOTE: Foundation for Nevada's Veterans Land Transfer Act
    of 2004.>> (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 <<NOTE: 16 USC 1132 note.>> 2 and inserting the following:

    ``SEC. 2. <<NOTE: Cumberland Island Wilderness Boundary Adjustment Act
                of 2004.>> 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

    [[Page 118 STAT. 3073]]

            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) <<NOTE: Federal Register, publication. Notice.>> 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) <<NOTE: Deadline.>> Management Plan for Access to Main Road
    and North Cut Road.--Not later than 1 year after the date of the
    enactment of the Cumberland Island Wilderness Boundary Adjustment Act of
    2004, the Secretary shall complete a management plan to ensure that not
    more than 8 and not less than 5 round trips are made available daily on
    the Main Road north of the Plum Orchard Spur and the North Cut Road by
    the National Park Service or a concessionaire for the purpose of
    transporting visitors to and from the historic sites located adjacent to
    Wilderness.''.

        (b) Tours of Cumberland Island National Seashore.--Section 6 of
    Public Law 92-536 (86 Stat. 1066) <<NOTE: 16 USC 429i-5.>> 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) <<NOTE: Contracts.>> Tours of the Seashore.--Notwithstanding
    subsection (b), the Secretary may enter into not more than 3 concession
    contracts,

    [[Page 118 STAT. 3074]]

    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) <<NOTE: 16 USC 459i note.>> Short Title.--This section may be
    cited as the ``Cumberland Island Wilderness Boundary Adjustment Act of
    2004''.

        Sec. 146. Notwithstanding any other provision of law, the National
    Park Service final winter use rules published in Part VII of the Federal
    Register for November 10, 2004, 69 Fed. Reg. 65348 et seq., shall be in
    force and effect for the winter use season of 2004-2005 that commences
    on or about December 15, 2004.

                           TITLE II--RELATED AGENCIES

                            DEPARTMENT OF AGRICULTURE

                                 Forest Service

                          forest and rangeland research

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

                           state and private forestry

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

                             national forest system

        For necessary expenses of the Forest Service, not otherwise provided
    for, for management, protection, improvement, and utilization of the
    National Forest System, $1,400,260,000, to remain available until
    expended, which shall include 50 percent of all moneys received during
    prior fiscal years as fees collected under the Land

    [[Page 118 STAT. 3075]]

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

                            wildland fire management

        For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency fire suppression on or
    adjacent to such lands or other lands under fire protection agreement,
    hazardous fuels reduction on or adjacent to such lands, and for
    emergency rehabilitation of burned-over National Forest System lands and
    water, $1,727,008,000, to remain available until expended: Provided,
    That such funds including unobligated balances under this heading, are
    available for repayment of advances from other appropriations accounts
    previously transferred for such purposes: Provided further, That such
    funds shall be available to reimburse State and other cooperating
    entities for services provided in response to wildfire and other
    emergencies or disasters to the extent such reimbursements by the Forest
    Service for non-fire emergencies are fully repaid by the responsible
    emergency management agency: Provided further, That not less than 50
    percent of any unobligated balances remaining (exclusive of amounts for
    hazardous fuels reduction) at the end of fiscal year 2004 shall be
    transferred, as repayment for past advances that have not been repaid,
    to the fund established pursuant to section 3 of Public Law 71-319 (16
    U.S.C. 576 et seq.): Provided further, That, notwithstanding any other
    provision of law, $8,000,000 of funds appropriated under this
    appropriation shall be used for Fire Science Research in support of the
    Joint Fire Science Program: Provided further, That all authorities for
    the use of funds, including the use of contracts, grants, and
    cooperative agreements, available to execute the Forest

    [[Page 118 STAT. 3076]]

    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,

    [[Page 118 STAT. 3077]]

    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.

    [[Page 118 STAT. 3078]]

         gifts, donations and bequests for forest and rangeland research

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

            management of national forest lands for subsistence uses

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

                    administrative provisions, forest service

        Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of not to exceed 124 passenger
    motor vehicles of which 21 will be used primarily for law enforcement
    purposes and of which 124 shall be for replacement; acquisition of 25
    passenger motor vehicles from excess sources, and hire of such vehicles;
    purchase, lease, operation, maintenance, and acquisition of aircraft
    from excess sources to maintain the operable fleet at 195 aircraft for
    use in Forest Service wildland fire programs and other Forest Service
    programs; notwithstanding other provisions of law, existing aircraft
    being replaced may be sold, with proceeds derived or trade-in value used
    to offset the purchase price for the replacement aircraft; (2) services
    pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
    under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
    and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
    waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
    expenses pursuant to the Volunteers in the National Forest Act of 1972
    (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
    authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
    in accordance with 31 U.S.C. 3718(c).
        None of the funds made available under this Act shall be obligated
    or expended to abolish any region, to move or close any regional office
    for National Forest System administration of the Forest Service,
    Department of Agriculture without the consent of the House and Senate
    Committees on Appropriations.
        Any <<NOTE: Notification.>> 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

    [[Page 118 STAT. 3079]]

    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, <<NOTE: 16 USC 583j-9 note.>> 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

    [[Page 118 STAT. 3080]]

    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 <<NOTE: Termination date.>> 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,

    [[Page 118 STAT. 3081]]

    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

    [[Page 118 STAT. 3082]]

    be expended in accordance with the provisions governing the use of funds
    contained under the heading ``Clean Coal Technology'' in 42 U.S.C.
    5903d: Provided further, That the Department may include provisions for
    repayment of Government contributions to individual projects in an
    amount up to the Government contribution to the project on terms and
    conditions that are acceptable to the Department including repayments
    from sale and licensing of technologies from both domestic and foreign
    transactions: Provided further, That such repayments shall be retained
    by the Department for future coal-related research, development and
    demonstration projects: Provided further, That any technology selected
    under this program shall be considered a Clean Coal Technology, and any
    project selected under this program shall be considered a Clean Coal
    Technology Project, for the purposes of 42 U.S.C. 7651n, and chapters
    51, 52, and 60 of title 40 of the Code of Federal Regulations: Provided
    further, That funds shall be expended in accordance with the provisions
    governing the use of funds contained under the heading ``Clean Coal
    Technology'' in prior appropriations: Provided further, That no part of
    the sum herein made available shall be used for the field testing of
    nuclear explosives in the recovery of oil and gas: Provided further,
    That up to 4 percent of program direction funds available to the
    National Energy Technology Laboratory may be used to support Department
    of Energy activities not included in this account.

                     naval petroleum and oil shale reserves

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

                           elk hills school lands fund

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

                               energy conservation

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

                           strategic petroleum reserve

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

    [[Page 118 STAT. 3083]]

                       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, <<NOTE: Reports.>> 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.

    [[Page 118 STAT. 3084]]

                     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, <<NOTE: Reports. Records.>> 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

    [[Page 118 STAT. 3085]]

    is provided for alcohol control, enforcement, prevention, treatment,
    sobriety and wellness, and education in Alaska: Provided further, That
    none of the funds may be used for tribal courts or tribal ordinance
    programs or any program that is not directly related to alcohol control,
    enforcement, prevention, treatment, or sobriety: Provided further, That
    no more than 15 percent may be used by any entity receiving funding for
    administrative overhead including indirect costs.

                            indian health facilities

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

                administrative provisions, indian health service

        Appropriations in this Act to the Indian Health Service shall be
    available for services as authorized by 5 U.S.C. 3109 but at

    [[Page 118 STAT. 3086]]

    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

    [[Page 118 STAT. 3087]]

    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 <<NOTE: Oklahoma. 25 USC 1660b note.>> 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.

    [[Page 118 STAT. 3088]]

        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

    [[Page 118 STAT. 3089]]

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

               administrative provisions, smithsonian institution

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

                             National Gallery of Art

                              salaries and expenses

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

    [[Page 118 STAT. 3090]]

    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.

    [[Page 118 STAT. 3091]]

                      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.

    [[Page 118 STAT. 3092]]

                    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. <<NOTE: Contracts. Public information.>> 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

    [[Page 118 STAT. 3093]]

    cook, chauffeur, or other personal servants to any officer or employee
    of such department or agency except as otherwise provided by law.
        Sec. 305. No assessments may be levied against any program, budget
    activity, subactivity, or project funded by this Act unless notice of
    such assessments and the basis therefor are presented to the Committees
    on Appropriations and are approved by such committees.
        Sec. 306. None of the funds in this Act may be used to plan,
    prepare, or offer for sale timber from trees classified as giant sequoia
    (Sequoiadendron giganteum) which are located on National Forest System
    or Bureau of Land Management lands in a manner different than such sales
    were conducted in fiscal year 2004.
        Sec. 307. (a) Limitation of Funds.--None of the funds appropriated
    or otherwise made available pursuant to this Act shall be obligated or
    expended to accept or process applications for a patent for any mining
    or mill site claim located under the general mining laws.
        (b) Exceptions.--The provisions of subsection (a) shall not apply if
    the Secretary of the Interior determines that, for the claim concerned:
    (1) a patent application was filed with the Secretary on or before
    September 30, 1994; and (2) all requirements established under sections
    2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
    lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
    Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
    of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
    may be, were fully complied with by the applicant by that date.
        (c) Report.--On September 30, 2005, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Resources of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate a report on
    actions taken by the Department under the plan submitted pursuant to
    section 314(c) of the Department of the Interior and Related Agencies
    Appropriations Act, 1997 (Public Law 104-208).
        (d) <<NOTE: Contracts.>> 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

    [[Page 118 STAT. 3094]]

    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) <<NOTE: Grants.>> 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) <<NOTE: Procedures.>> 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

    [[Page 118 STAT. 3095]]

    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) <<NOTE: Grants.>> 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) <<NOTE: Reports.>> 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. <<NOTE: Contracts. State listing.>> 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

    [[Page 118 STAT. 3096]]

    machines include an option that enables callers to reach promptly an
    individual on-duty with the agency being contacted.
        Sec. 317. No timber sale in Region 10 shall be advertised if the
    indicated rate is deficit when appraised using a residual value approach
    that assigns domestic Alaska values for western redcedar. Program
    accomplishments shall be based on volume sold. Should Region 10 sell, in
    the current fiscal year, the annual average portion of the decadal
    allowable sale quantity called for in the current Tongass Land
    Management Plan in sales which are not deficit when appraised using a
    residual value approach that assigns domestic Alaska values for western
    redcedar, all of the western redcedar timber from those sales which is
    surplus to the needs of domestic processors in Alaska, shall be made
    available to domestic processors in the contiguous 48 United States at
    prevailing domestic prices. Should Region 10 sell, in the current fiscal
    year, less than the annual average portion of the decadal allowable sale
    quantity called for in the Tongass Land Management Plan in sales which
    are not deficit when appraised using a residual value approach that
    assigns domestic Alaska values for western redcedar, the volume of
    western redcedar timber available to domestic processors at prevailing
    domestic prices in the contiguous 48 United States shall be that volume:
    (1) which is surplus to the needs of domestic processors in Alaska; and
    (2) is that percent of the surplus western redcedar volume determined by
    calculating the ratio of the total timber volume which has been sold on
    the Tongass to the annual average portion of the decadal allowable sale
    quantity called for in the current Tongass Land Management Plan. The
    percentage shall be calculated by Region 10 on a rolling basis as each
    sale is sold (for purposes of this amendment, a ``rolling basis'' shall
    mean that the determination of how much western redcedar is eligible for
    sale to various markets shall be made at the time each sale is awarded).
    Western redcedar shall be deemed ``surplus to the needs of domestic
    processors in Alaska'' when the timber sale holder has presented to the
    Forest Service documentation of the inability to sell western redcedar
    logs from a given sale to domestic Alaska processors at a price equal to
    or greater than the log selling value stated in the contract. All
    additional western redcedar volume not sold to Alaska or contiguous 48
    United States domestic processors may be exported to foreign markets at
    the election of the timber sale holder. All Alaska yellow cedar may be
    sold at prevailing export prices at the election of the timber sale
    holder.
        Sec. 318. Section 3 of the Act of June 9, 1930 (commonly known as
    the Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended--
                (1) by striking ``The Secretary of Agriculture may, when in
            his'' and inserting ``(a) The Secretary of Agriculture may, when
            in his or her'';

        ``(b) Amounts deposited under subsection (a)'';
                (2) by striking ``may direct:'' and all that follows through
            ``That the Secretary of Agriculture'' and inserting ``may
            direct. The Secretary of Agriculture''; and
                (3) by adding at the end the following new subsection:

        ``(c) Any portion of the balance at the end of a fiscal year in the
    special fund established pursuant to this section that the Secretary of
    Agriculture determines to be in excess of the cost of doing work
    described in subsection (a) (as well as any portion

    [[Page 118 STAT. 3097]]

    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. <<NOTE: 16 USC 460l-6a note.>> 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. <<NOTE: 16 USC 1604 note.>> 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

    [[Page 118 STAT. 3098]]

    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,

    [[Page 118 STAT. 3099]]

    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 <<NOTE: 117 Stat.
    1314.>> is amended by striking ``2003'' and inserting ``2004''.

        Sec. 331. Section 315 of the Department of the Interior and Related
    Agencies Appropriations Act, 1996 (as contained in section 101(c) of
    Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a note), is
    amended--
                (1) in subsection (b), by inserting ``subject to subsection
            (g) but'' before ``notwithstanding'' in the matter preceding
            paragraph (1); and
                (2) by adding at the end the following new subsection:

        ``(g) The Secretary of Agriculture may not charge or collect fees
    under this section for the following:
                ``(1) Admission to a unit of the National Forest System (as
            defined in section 11(a) of the Forest and Rangeland Renewable
            Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
                ``(2) The use either singly or in any combination, of the
            following--
                        ``(A) undesignated parking along roads;
                        ``(B) overlook sites or scenic pullouts;
                        ``(C) information offices and centers that only
                    provide general area information and limited services or
                    interpretive exhibits; and
                        ``(D) dispersed areas for which expenditures in
                    facilities or services are limited.''.

        Sec. 332. (a) Limitation on Competitive Sourcing Studies.--
                (1) Of the funds made available by this or any other Act to
            the Department of Energy or the Department of the Interior

    [[Page 118 STAT. 3100]]

            for fiscal year 2005, not more than the maximum amount specified
            in paragraph (2) may be used by the Secretary of Energy or the
            Secretary of the Interior to initiate or continue competitive
            sourcing studies in fiscal year 2005 for programs, projects, and
            activities for which funds are appropriated by this Act until
            such time as the Secretary concerned submits a reprogramming
            proposal to the Committees on Appropriations of the Senate and
            the House of Representatives, and such proposal has been
            processed consistent with the reprogramming guidelines in House
            Report 108-330.
                (2) For the purposes of paragraph (1) the maximum amount--
                        (A) with respect to the Department of Energy is
                    $500,000; and
                        (B) with respect to the Department of the Interior
                    is $3,250,000.
                (3) Of the funds appropriated by this Act, not more than
            $2,000,000 may be used in fiscal year 2005 for competitive
            sourcing studies and related activities by the Forest Service.

        (b) Competitive Sourcing Study Defined.--In this section, the term
    ``competitive sourcing study'' means a study on subjecting work
    performed by Federal Government employees or private contractors to
    public-private competition or on converting the Federal Government
    employees or the work performed by such employees to private contractor
    performance under the Office of Management and Budget Circular A-76 or
    any other administrative regulation, directive, or policy.
        (c) Section 340(b) of Public Law 108-108 <<NOTE: 31 USC 501
    note.>> 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.

    [[Page 118 STAT. 3101]]

        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). <<NOTE: Expiration date.>> In the event the Secretary and the
    Association for any reason do not complete the sale within 2 years from
    the date of enactment of this Act, this authority shall expire.

        (c) Legal Description and Correction Authority.--
                (1) <<NOTE: California.>> 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,

    [[Page 118 STAT. 3102]]

    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.

    [[Page 118 STAT. 3103]]

    472a) shall not apply to services performed under a cooperative
    agreement or contract under subsection (a).
        (c) Retention of NEPA Responsibilities.--With respect to any
    treatment activity to restore and improve forest, rangeland, and
    watershed health including fish and wildlife habitat services on
    National Forest System lands programmed for treatment by the State
    Forester of the State of Utah under subsection (a), any decision
    required to be made under the National Environmental Policy Act of 1969
    (42 U.S.C. 4821 et seq.) may not be delegated to any officer or employee
    of the State of Utah.
        Sec. 338. (a) In General.--An entity that enters into a contract
    with the United States to operate the National Recreation Reservation
    Service (as solicited by the solicitation numbered WO-04-06vm) shall not
    carry out any duties under the contract using:
                (1) a contact center located outside the United States; or
                (2) a reservation agent who does not live in the United
            States.

        (b) No Waiver.--The Secretary of Agriculture may not waive the
    requirements of subsection (a).
        (c) Telecommuting.--A reservation agent who is carrying out duties
    under the contract described in subsection (a) may not telecommute from
    a location outside the United States.
        (d) Limitations.--Nothing in this Act shall be construed to apply to
    any employee of the entity who is not a reservation agent carrying out
    the duties under the contract described in subsection (a) or who
    provides managerial or support services.
        Sec. 339. For fiscal years 2005 through 2007, a decision made by the
    Secretary of Agriculture to authorize grazing on an allotment shall be
    categorically excluded from documentation in an environmental assessment
    or an environmental impact statement under the National Environmental
    Policy Act of 1969 (42 U.S.C. 4321 et seq.) if: (1) the decision
    continues current grazing management of the allotment; (2) monitoring
    indicates that current grazing management is meeting, or satisfactorily
    moving toward, objectives in the land and resource management plan, as
    determined by the Secretary; and (3) the decision is consistent with
    agency policy concerning extraordinary circumstances. The total number
    of allotments that may be categorically excluded under this section may
    not exceed 900.
        Sec. 340. Salmon River Commercial Outfitter Hunting Camps. Section
    3(a)(24) of Public Law 90-542 (16 U.S.C. 1274) is amended to add the
    following after paragraph (C) and redesignate subsequent paragraphs
    accordingly:
                        ``(D) The established use and occupancy as of June
                    6, 2003, of lands and maintenance or replacement of
                    facilities and structures for commercial recreation
                    services at Stub Creek located in section 28, T24N,
                    R14E, Boise Principal Meridian, at Arctic Creek located
                    in section 21, T25N, R12E, Boise Principal Meridian and
                    at Smith Gulch located in section 27, T25N, R12E, Boise
                    Principal Meridian shall continue to be authorized,
                    subject to such reasonable regulation as the Secretary
                    deems appropriate, including rules that would provide
                    for termination for non-compliance, and if terminated,
                    reoffering the site through a competitive process.''.

        Sec. 341. (a) In General.--

    [[Page 118 STAT. 3104]]

                (1) <<NOTE: Grants. Nevada.>> 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 <<NOTE: Contracts.>> 31 U.S.C. 6301-
            6308, the Director of the Bureau of Land Management shall enter
            into a cooperative agreement with the Eastern Nevada Landscape
            Coalition for the Great Basin Restoration Project, including
            hazardous fuels and mechanical treatments and related work.

        (b) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
        Sec. 342. <<NOTE: Alaska.>> (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 <<NOTE: Health and health care.>> 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.

    [[Page 118 STAT. 3105]]

        Sec. 344. <<NOTE: Deadline. Real property.>> 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, <<NOTE: 16 USC 497
    note.>> 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.--

    [[Page 118 STAT. 3106]]

                (1) In general.--Subject to paragraph (2), the Secretary may
            use, maintain, lease, sublease, sell, or exchange all or part of
            the property.
                (2) Terms.--The sale or exchange of the property under
            paragraph (1) shall be for market value and subject to such
            terms as the Secretary determines to be in the public interest.
                (3) Method of sale or exchange.--The sale or exchange of the
            property under paragraph (1) may be on a competitive or
            noncompetitive basis.
                (4) Consideration.--Consideration for the sale or exchange
            of the property may be in the form of cash, land, or
            improvements (including improvements to be constructed after the
            date of the sale or exchange).
                (3) Disposition and use of proceeds.--
                        (A) Disposition of proceeds.--The Secretary shall
                    deposit the proceeds derived from any lease, sublease,
                    sale, exchange, or any other use or disposition of the
                    property in the fund established by Public Law 90-171
                    (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
                        (B) Use of proceeds.--Amounts deposited under
                    subparagraph (A) shall be available to the Secretary,
                    without further appropriation, until expended, for the
                    construction and maintenance of Forest Service offices
                    and related facilities on National Forest System land in
                    the vicinity of Sandpoint, Idaho.

        Sec. 347. <<NOTE: Chris Zajicek Memorial Land Exchange Act of
    2004.>> (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. <<NOTE: Grey Towers National Historic Site Act of
    2004. Pennsylvania. 16 USC 461 note.>> (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) <<NOTE: James Pinchot. Mary Pinchot.>> 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) <<NOTE: Gifford Pinchot.>> 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

    [[Page 118 STAT. 3107]]

                    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) <<NOTE: Gifford Bryce Pinchot. Cornelia
                    Pinchot.>> In 1963, Gifford Bryce Pinchot, the son of
                    Gifford and Cornelia Pinchot, donated Grey Towers and
                    102 acres to the Nation.
                        (F) In 1963, <<NOTE: John F. Kennedy.>> President
                    John F. Kennedy dedicated the Pinchot Institute for
                    Conservation for the greater knowledge of land and its
                    uses at Grey Towers National Historic Landmark, thereby
                    establishing a partnership between the public and
                    private sectors.
                        (G) Grey Towers today is a place of historical
                    significance where leaders in natural resource
                    conservation meet, study, and share ideas, analyses,
                    values, and philosophies, and is also a place where the
                    public can learn and appreciate our conservation
                    heritage.
                        (H) As established by President Kennedy, the Pinchot
                    Institute for Conservation, and the Forest Service at
                    Grey Towers operate through an established partnership
                    in developing and delivering programs that carry on
                    Gifford Pinchot's conservation legacy.
                        (I) Grey Towers and associated structures in and
                    around Milford, Pennsylvania, can serve to enhance
                    regional recreational and educational opportunities.
                (2) Purposes.--The purposes of this section are as follows:
                        (A) To honor and perpetuate the memory of Gifford
                    Pinchot.
                        (B) To promote the recreational and educational
                    resources of Milford, Pennsylvania, and its environs.
                        (C) To authorize the Secretary of Agriculture--
                              (i) to further the scientific, policy
                          analysis, educational, and cultural programs in
                          natural resource conservation at Grey Towers;
                              (ii) to manage the property and environs more
                          efficiently and effectively; and
                              (iii) to further collaborative ties with the
                          Pinchot Institute for Conservation, and other
                          Federal, State, and local agencies with shared
                          interests.
                (3) Definitions.--For the purposes of this section:
                        (A) Associated properties.--The term ``Associated
                    Properties'' means lands and improvements outside of the
                    Grey Towers National Historic Landmark within Pike
                    County, Pennsylvania, and which were associated with
                    James and Mary Pinchot, the Yale School of Forestry, or
                    the Forest Service.
                        (B) Grey towers.--The term ``Grey Towers'' means the
                    buildings and surrounding area of approximately 303
                    acres, including the 102 acres donated in 1963 to the
                    United States and so designated that year.
                        (C) Historic site.--The term ``Historic Site'' means
                    the Grey Towers National Historic Site, as so designated
                    by this Act.
                        (D) Pinchot institute.--The term ``Pinchot
                    Institute'' means the Pinchot Institute for
                    Conservation, a nonprofit corporation established under
                    the laws of the District of Columbia.

    [[Page 118 STAT. 3108]]

                        (E) Secretary.--The term ``Secretary'' means the
                    Secretary of Agriculture.

        (c) Designation of National Historic Site.--Subject to valid
    existing rights, all lands and improvements formerly encompassed within
    the Grey Towers National Historic Landmark are designated as the ``Grey
    Towers National Historic Site''.
        (d) Administration.--
                (1) Purposes.--The Historic Site shall be administered for
            the following purposes:
                        (A) Education, public demonstration projects, and
                    research related to natural resource conservation,
                    protection, management, and use.
                        (B) Leadership development within the natural
                    resource professions and the Federal civil service.
                        (C) Continuing Gifford Pinchot's legacy through
                    pursuit of new ideas, strategies, and solutions to
                    natural resource issues that include economic,
                    ecological, and social values.
                        (D) Preservation, use, and maintenance of the
                    buildings, grounds, facilities, and archives associated
                    with Gifford Pinchot.
                        (E) Study and interpretation of the life and works
                    of Gifford Pinchot.
                        (F) Public recreation and enjoyment.
                        (G) Protection and enjoyment of the scenic and
                    natural environs.
                (2) Applicable laws.-- <<NOTE: National Forest
            System. Public lands.>> 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

    [[Page 118 STAT. 3109]]

            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. <<NOTE: Montana National Forests Boundary Adjustment Act
    of 2004.>> (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.

    [[Page 118 STAT. 3110]]

                (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 <<NOTE: Illinois. Grant.>> 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 <<NOTE: Reports. Deadline.>> wildfire suppression:
    Provided further, That cost containment measures shall be implemented
    within this

    [[Page 118 STAT. 3111]]

    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'', <<NOTE: Ante, p. 1012.>> by striking the phrases ``for
    fiscal year 2004'' and ``related to the fiscal year 2004 fire season''
    in the text preceding the first proviso.

                            DEPARTMENT OF AGRICULTURE

                                 Forest Service

                            WILDLAND FIRE MANAGEMENT

        For an additional amount for ``Wildland Fire Management'',
    $400,000,000, to remain available until expended, for urgent wildland
    fire suppression activities pursuant to section 312 of S. Con. Res.
    95 <<NOTE: Applicability.>> (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 <<NOTE: Applicability.>> 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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: Establishment. Reports.>> 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 <<NOTE: Ante, p. 1012.>> 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

    [[Page 118 STAT. 3112]]

                (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 <<NOTE: Applicability.>> Land and Water Claim
    Settlements.--Under the heading ``Bureau of Indian Affairs, Indian Land
    and Water Claim Settlements and Miscellaneous Payments to Indians'', the
    across-the-board rescission in this section, and any subsequent across-
    the-board rescission for fiscal year 2005, shall apply only to the first
    dollar amount in the paragraph and the distribution of the rescission
    shall be at the discretion of the Secretary of the Interior who shall
    submit a report on such distribution and the rationale therefor to the
    House and Senate Committees on Appropriations.

        This division may be cited as the ``Department of the Interior and
    Related Agencies Appropriations Act, 2005''.

     DIVISION <<NOTE: Departments of Labor, Health and Human Services, and
         Education, and Related Agencies Appropriations Act, 2005.>> F--
      DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
    RELATED AGENCIES APPROPRIATIONS ACT, 2005

        TITLE <<NOTE: Department of Labor Appropriations Act, 2005.>> 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

    [[Page 118 STAT. 3113]]

    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 <<NOTE: Grants. Deadline.>> 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 <<NOTE: Grants. Deadline.>> grant to the AFL-CIO Working

    [[Page 118 STAT. 3114]]

    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 <<NOTE: Grants. Religion. Deadline.>> 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 <<NOTE: Grants. Deadline.>> grant to the National Center
    on Education and the Economy, and shall be awarded no later than January
    31, 2005.

        Notwithstanding any other provision of law, funds awarded under
    grants to the State of Tennessee for Workforce Essentials, Inc., in
    Clarksville, Tennessee on June 29, 2004, and to Hampton Roads on behalf
    of the Hampton Roads Workforce Development Board in Norfolk, Virginia on
    June 30, 2001, pursuant to section 173 of the Workforce Investment Act
    of 1998 (29 U.S.C. 2918), may be used to provide services to spouses of
    members of the armed forces.
        The Secretary of Labor shall take no action to amend, through
    regulatory or administration action, the definition established in 20
    CFR 667.220 for functions and activities under title I of the Workforce
    Investment Act of 1998 until such time as legislation reauthorizing the
    Act is enacted.
        Of the unobligated funds contained in the H-1B Nonimmigrant
    Petitioner Account that are available to the Secretary of Labor pursuant
    to section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
    1356(s)(2)), $100,000,000 are rescinded.

                Community Service Employment for Older Americans

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

                  Federal Unemployment Benefits and Allowances

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

         State Unemployment Insurance and Employment Service Operations

        For authorized administrative expenses, $141,934,000, together with
    not to exceed $3,524,301,000 (including not to exceed $1,228,000 which
    may be used for amortization payments to States which had independent
    retirement plans in their State employment service agencies prior to
    1980), which may be expended from the

    [[Page 118 STAT. 3115]]

    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

    [[Page 118 STAT. 3116]]

    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

    [[Page 118 STAT. 3117]]

    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.

    [[Page 118 STAT. 3118]]

        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, <<NOTE: 26 USC 9501 note.>> such
    sums as may be necessary from the Black Lung Disability Trust Fund, to
    remain available until expended, for payment of all benefits authorized
    by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of
    1954, as amended; and interest on advances, as authorized by section
    9501(c)(2) of that Act. In addition, the following amounts shall be
    available from the Fund for fiscal year 2005 for expenses of operation
    and administration of the Black Lung Benefits program, as authorized by
    section 9501(d)(5): $32,646,000 for transfer to the Employment Standards
    Administration ``Salaries and Expenses''; $23,705,000 for transfer to
    Departmental Management, ``Salaries and Expenses''; $342,000 for
    transfer to Departmental Management, ``Office of Inspector General'';
    and $356,000 for payments into miscellaneous receipts for the expenses
    of the Department of the Treasury.

                  Occupational Safety and Health Administration

                              Salaries and Expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $468,109,000, including not to exceed $91,747,000 which
    shall be the maximum amount available for grants to States under section
    23(g) of the Occupational Safety and Health Act (the ``Act''), which
    grants shall be no less than 50 percent of the costs of State
    occupational safety and health programs required to be incurred under
    plans approved by the Secretary under section 18 of the Act; and, in
    addition, <<NOTE: 29 USC 670 note.>> 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

    [[Page 118 STAT. 3119]]

    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.

    [[Page 118 STAT. 3120]]

                      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; <<NOTE: 30 USC 962.>> 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

    [[Page 118 STAT. 3121]]

    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 <<NOTE: 33 USC 921 note.>> 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.

    [[Page 118 STAT. 3122]]

                              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 <<NOTE: Notification.>> the Appropriations Committees of
    both Houses of Congress are notified at least 15 days in advance of any
    transfer.

        Sec. 103. In accordance with Executive Order No. 13126, none of the
    funds appropriated or otherwise made available pursuant to this Act
    shall be obligated or expended for the procurement of goods mined,
    produced, manufactured, or harvested or services rendered, whole or in
    part, by forced or indentured child labor in industries and host
    countries already identified by the United States Department of Labor
    prior to enactment of this Act.
        Sec. 104. There is authorized to be appropriated such sums as may be
    necessary to the Denali Commission through the Department of Labor to
    conduct job training of the local workforce where Denali Commission
    projects will be constructed.
        Sec. 105. <<NOTE: Deadline. Transit subsidy.>> Not later than 45
    days after the date of enactment of this Act, the Secretary of Labor
    shall issue a monthly transit subsidy of not less than the amount each
    of its employees of the National Capital Region is eligible to receive,
    not to exceed a maximum of $100, as directed by Executive Order No.
    13150.

        Sec. 106. <<NOTE: Reports.>> 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 <<NOTE: Department of Health and Human Services
    Appropriations Act, 2005.>> 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

    [[Page 118 STAT. 3123]]

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

    [[Page 118 STAT. 3124]]

    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

    [[Page 118 STAT. 3125]]

    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 <<NOTE: Notification.>> 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 118 STAT. 3126]]

              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.

    [[Page 118 STAT. 3127]]

               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

    [[Page 118 STAT. 3128]]

    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

    [[Page 118 STAT. 3129]]

    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.

    [[Page 118 STAT. 3130]]

        For making payments to States or in the case of section 1928 on
    behalf of States under title XIX of the Social Security Act for the
    first quarter of fiscal year 2006, $58,517,290,000, to remain available
    until expended.
        Payment under title XIX may be made for any quarter with respect to
    a State plan or plan amendment in effect during such quarter, if
    submitted in or prior to such quarter and approved in that or any
    subsequent quarter.

                       Payments to Health Care Trust Funds

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

                               Program Management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    Public Health Service Act, and the Clinical Laboratory Improvement
    Amendments of 1988, not to exceed $2,696,402,000, to be transferred from
    the Federal Hospital Insurance and the Federal Supplementary Medical
    Insurance Trust Funds, as authorized by section 201(g) of the Social
    Security Act; together with all funds collected in accordance with
    section 353 of the Public Health Service Act and section 1857(e)(2) of
    the Social Security Act, and such sums as may be collected from
    authorized user fees and the sale of data, which shall remain available
    until expended: Provided, That all funds derived in accordance with 31
    U.S.C. 9701 from organizations established under title XIII of the
    Public Health Service Act shall be credited to and available for
    carrying out the purposes of this appropriation: Provided further, That
    $24,400,000, to remain available until September 30, 2006, is for
    contract costs for CMS's Systems Revitalization Plan: Provided further,
    That $78,300,000, to remain available until September 30, 2006, is for
    contract costs for the Healthcare Integrated General Ledger Accounting
    System: Provided further, That of the amounts made available for
    research, demonstration and evaluation, $100,000 is available for
    Advocate Metro Outreach Initiative, Oak Brook, Illinois, to implement an
    initiative to provide comprehensive health education and services to the
    deaf and hard-of-hearing community, $150,000 is available for African
    American Interdenominational Ministries, Inc., Philadelphia,
    Pennsylvania, to implement an insurance outreach program, $1,900,000 is
    available for AIDS Healthcare Foundation, Los Angeles, California, for a
    demonstration of residential and outpatient treatment facilities,
    $450,000 is available for Bronx-Lebanon Hospital Center, Bronx, New
    York, for a comprehensive adolescent and young adult health program to
    demonstrate means of improving health care and preventive services for
    underserved inner city teenagers and young adults, $300,000 is available
    for Children's Institute for Palliative Care, Children's

    [[Page 118 STAT. 3131]]

    Hospitals and Clinics, Minneapolis, Minnesota, for a pediatric
    palliative care demonstration program, $600,000 is available for the
    City of Detroit, Michigan, for a project to improve access to primary
    care and preventive health services for low-income and uninsured
    persons, $100,000 is available for Community Catalyst, Inc., Boston,
    Massachusetts, for the expansion of a benefits management program,
    $150,000 is available for Cook County Bureau of Health Services in
    Chicago, Illinois, for the Antibiotic Resistance Program, $340,000 is
    available for Donald R. Watkins Memorial Foundation, Houston, Texas, for
    a comprehensive HIV/AIDS treatment and research demonstration program,
    $100,000 is available for Focus on Therapeutic Outcomes, Inc.,
    Knoxville, Tennessee, $250,000 is available for Hamot Medical Center,
    Erie, Pennsylvania and the Ohio Health System, Columbus, Ohio, to
    implement a demonstration project on the Medicare Advantage program,
    $25,000 is available for HealthRight, Inc., Philadelphia, Pennsylvania,
    for their Care Access Program, $75,000 is available for the Inglis
    Foundation, Philadelphia, Pennsylvania, for healthcare and social
    services for low-income adults with severe physical disabilities in an
    effort to promote independent living, $50,000 is available for Medical
    Care for Children Partnership, Fairfax, Virginia, for access to
    specialty health care for children who have serious medical needs,
    $500,000 is available for Memphis Biotech Foundation in Memphis,
    Tennessee, to develop a biologistics network in Mississippi and
    Tennessee, $225,000 is available for Muskegon Community Health Project,
    Muskegon, Michigan, for the Access Health Program, $30,000 is available
    for Our House of Portland, Portland, Oregon, to develop a Care Program
    for people living with AIDS, $750,000 is available for Pace Vermont,
    Burlington, Vennont, for the Rural Program for All-inclusive Care for
    the Elderly, $150,000 is available for Patient Advocate Foundation,
    Newport News, Virginia, to assist the PAF in serving patients
    experiencing difficulty accessing quality health care services, $450,000
    is available for Puerto Rico's Governor's Office of Elderly Affairs for
    the Medication Error Prevention Pilot Program, $1,500,000 is available
    for San Francisco Department of Public Health, San Francisco,
    California, for a demonstration project to improve HIV/AIDS treatment
    and prevention services, $300,000 is available for Santa Clara County,
    California, for outreach and enrollment assistance activities of the
    Children's Health Initiative, $500,000 is available for Susquehanna
    Health System, Williamsport, Pennsylvania, for stabilizing workforce for
    patient care, $500,000 is available for Swope Health Services, Kansas
    City, Missouri, to supplement recurring healthcare costs for
    underemployed, uninsured, and income-qualified patients in Wyandotte and
    Johnson Counties, Kansas, $100,000 is available for Temple University,
    Crime and Justice Research Center, Philadelphia, Pennsylvania, for DNA
    backlog and utilization, and $250,000 is available for University of
    Maine, Partnership for Early Childhood Health & Services: Provided
    further, That funds appropriated under this heading are available for
    the Healthy Start, Grow Smart program under which the Centers for
    Medicare and Medicaid Services may, directly or through grants,
    contracts, or cooperative agreements, produce and distribute
    informational materials including, but not limited to, pamphlets and
    brochures on infant and toddler health care to expectant parents
    enrolled in the Medicaid program and to parents and guardians enrolled
    in such program with infants and children: Provided further, That

    [[Page 118 STAT. 3132]]

    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.

    [[Page 118 STAT. 3133]]

                        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 <<NOTE: Applicability.>> Act: Provided further, That the
    entire amount is designated as an emergency requirement pursuant to
    section 402 of S. Con. Res. 95 (108th Congress) as made applicable to
    the House of Representatives by H. Res. 649 (108th Congress) and
    applicable to the Senate by section 14007 of Public Law 108-287.

                         Refugee and Entrant Assistance

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

        Payments to States for the Child Care and Development Block Grant

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

                           Social Services Block Grant

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

    [[Page 118 STAT. 3134]]

                     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 <<NOTE: Procedures. Grants. 42 USC 9921 note.>> 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

    [[Page 118 STAT. 3135]]

    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 <<NOTE: Abstinence.>> 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

    [[Page 118 STAT. 3136]]

    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.

    [[Page 118 STAT. 3137]]

                             Office for Civil Rights

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

                                 Policy Research

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

          Retirement Pay and Medical Benefits for Commissioned Officers

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

                Public Health and Social Services Emergency Fund

        For expenses necessary to support activities related to countering
    potential biological, disease, nuclear, radiological and chemical
    threats to civilian populations, $2,208,287,000: Provided, That this
    amount is distributed as follows: Centers for Disease Control and
    Prevention, $1,173,300,000; Office of the Secretary, $64,438,000;
    Strategic National Stockpile, $400,000,000, to remain available until
    expended; National Institutes of Health, $47,400,000; and Health
    Resources and Services Administration, $523,149,000: Provided further,
    That employees of the Centers for Disease Control and Prevention or the
    Public Health Service, both civilian and Commissioned Officers, detailed
    to States, municipalities, or other organizations under authority of
    section 214 of the Public Health Service Act for purposes related to
    homeland security, shall be treated as non-Federal employees for
    reporting purposes only and

    [[Page 118 STAT. 3138]]

    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. <<NOTE: HIV/AIDS.>> 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

    [[Page 118 STAT. 3139]]

    program, project, or activity may be increased by up to an additional 2
    percent subject to approval by the House and Senate Committees
    on <<NOTE: Notification. Deadline.>> 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. <<NOTE: HIV/AIDS.>> Of the amounts made available in this
    Act for the National Institutes of Health, the amount for research
    related to the human immunodeficiency virus, as jointly determined by
    the Director of the National Institutes of Health and the Director of
    the Office of AIDS Research, shall be made available to the ``Office of
    AIDS Research'' account. The Director of the Office of AIDS Research
    shall transfer from such account amounts necessary to carry out section
    2353(d)(3) of the Public Health Service Act.

        Sec. 210. None of the funds appropriated in this Act may be made
    available to any entity under title X of the Public Health Service Act
    unless the applicant for the award certifies to the Secretary that it
    encourages family participation in the decision of minors to seek family
    planning services and that it provides counseling to minors on how to
    resist attempts to coerce minors into engaging in sexual activities.
        Sec. 211. None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare+Choice program if the Secretary denies participation in such
    program to an otherwise eligible entity (including a Provider Sponsored
    Organization) because the entity informs the Secretary that it will not
    provide, pay for, provide coverage of, or provide referrals for
    abortions: Provided, That the Secretary shall make appropriate
    prospective adjustments to the capitation payment to such an entity
    (based on an actuarially sound estimate of the expected costs of
    providing the service to such entity's enrollees): Provided further,
    That nothing in this section shall be construed to change the Medicare
    program's coverage for such services and a Medicare+Choice organization
    described in this section shall be responsible for informing enrollees
    where to obtain information about all Medicare covered services.
        Sec. 212. Notwithstanding any other provision of law, no provider of
    services under title X of the Public Health Service Act shall be exempt
    from any State law requiring notification or the reporting of child
    abuse, child molestation, sexual abuse, rape, or incest.
        Sec. 213. The Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
                (1) in section 599D (8 U.S.C. 1157 note)--
                        (A) in subsection (b)(3), by striking ``1997, 1998,
                    1999, 2000, 2001, 2002, 2003, 2004, and 2005'' and
                    inserting ``1997, 1998, 1999, 2000, 2001, 2002, 2003,
                    2004, 2005, and 2006'';
                        (B) in subsection (e), by striking ``October 1,
                    2004'' each place it appears and inserting ``October 1,
                    2005''; and
                        (C) in subsection (b)(1)--
                              (i) in subparagraph (A), by striking ``and''
                          at the end;
                              (ii) in subparagraph (B), by striking the
                          period and inserting ``; and''; and
                              (iii) by adding at the end the following:

    [[Page 118 STAT. 3140]]

                ``(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. <<NOTE: Deadline. Certification. Tobacco.>> (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). <<NOTE: Reports. Deadline.>> The State is to submit a report to the
    Secretary on all fiscal year 2004 State expenditures and all fiscal year
    2005 obligations for tobacco prevention and compliance activities by
    program activity by July 31, 2005.

        (d) The Secretary shall exercise discretion in enforcing the timing
    of the State obligation of the additional funds required by the
    certification described in subsection (a) as late as July 31, 2005.
        (e) None of the funds appropriated by this Act may be used to
    withhold substance abuse funding pursuant to section 1926 from a
    territory that receives less than $1,000,000.
        Sec. 215. In order for the Centers for Disease Control and
    Prevention to carry out international health activities, including HIV/
    AIDS and other infectious disease, chronic and environmental disease,
    and other health activities abroad during fiscal year 2005, the
    Secretary of Health and Human Services--
                (1) may exercise authority equivalent to that available to
            the Secretary of State in section 2(c) of the State Department
            Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary
            of Health and Human Services shall consult with the Secretary of
            State and relevant Chief of Mission to ensure that the authority
            provided in this section is exercised in a manner consistent
            with section 207 of the Foreign Service Act of 1980 (22 U.S.C.
            3927) and other applicable statutes administered by the
            Department of State, and
                (2) is authorized to provide such funds by advance or
            reimbursement to the Secretary of State as may be necessary to
            pay the costs of acquisition, lease, alteration, renovation,

    [[Page 118 STAT. 3141]]

            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) <<NOTE: Applicability.>> 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. <<NOTE: 42 USC 294o note.>> 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. <<NOTE: Effective date.>> (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

    [[Page 118 STAT. 3142]]

                (2) <<NOTE: Regulations.>> 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. <<NOTE: Rescission. Student loans.>> 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. <<NOTE: Rescission. Student loans.>> The unobligated
    balance of the Nursing Student Loan program authorized by section 835 of
    the Public Health Services Act is rescinded.

        Sec. 223. <<NOTE: Rescission. Medical facilities.>> The unobligated
    balance, excluding amounts necessary for the costs of potential
    defaults, in the Medical Facilities Guarantee and Loan Fund is
    rescinded.

        Sec. 224. <<NOTE: Rescission. Health and health care.>> 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. <<NOTE: Federal buildings and facilities.>> 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 <<NOTE: Department of Education Appropriations Act, 2005.>> 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

    [[Page 118 STAT. 3143]]

    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

    [[Page 118 STAT. 3144]]

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

    [[Page 118 STAT. 3145]]

                                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,

    [[Page 118 STAT. 3146]]

    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.

    [[Page 118 STAT. 3147]]

               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,

    [[Page 118 STAT. 3148]]

    That $95,238,000 shall be available to support the activities authorized
    under subpart 4 of part D of title V of the Elementary and Secondary
    Education Act of 1965, of which up to 5 percent shall become available
    October 1, 2004 and shall remain available through September 30, 2006,
    for evaluation, technical assistance, school networking, peer review of
    applications, and program outreach activities, and of which not less
    than 95 percent shall become available on July 1, 2005, and remain
    available through September 30, 2006, for grants to local educational
    agencies: Provided further, That funds made available to local education
    agencies under this subpart shall be used only for activities related to
    establishing smaller learning communities in high schools.

                          Student Financial Assistance

        For carrying out subparts 1, 3 and 4 of part A, part C and part E of
    title IV of the Higher Education Act of 1965, as amended,
    $14,380,795,000, which shall remain available through September 30,
    2006.
        The <<NOTE: 20 USC 1070a note.>> 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

    [[Page 118 STAT. 3149]]

    to United States national security and who plan to apply their language
    skills and knowledge of these countries in the fields of government, the
    professions, or international development: Provided further, That of the
    funds referred to in the preceding proviso up to 1 percent may be used
    for program evaluation, national outreach, and information dissemination
    activities and $1,500,000 shall be used for a contract with the National
    Research Council to carry out an independent review of title VI
    international education and foreign language studies and the section
    102(b)(6) Fulbright-Hays programs: Provided further, That the funds
    provided for title II of the HEA shall be allocated notwithstanding
    section 210 of such Act: Provided further, That $146,360,000 of the
    funds for part B of title VII of the Higher Education Act of 1965 shall
    be available for the projects and in the amounts specified in the
    statement of the managers of the conference report accompanying this
    Act.

                                Howard University

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

              College Housing and Academic Facilities Loans Program

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

      Historically Black College and University Capital Financing Program
                                     Account

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

                         Institute of Education Sciences

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

    [[Page 118 STAT. 3150]]

    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 <<NOTE: Schools.>> 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 <<NOTE: Notification. Deadline.>> transfer: Provided, That the
    Appropriations Committees of both Houses of Congress are notified at
    least 15 days in advance of any transfer.

    [[Page 118 STAT. 3151]]

        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 <<NOTE: Ante, p.
    452.>> 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) <<NOTE: Utah.>> 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. <<NOTE: Marshall Islands. Micronesia.>> Notwithstanding
    any other provision of law, students from the Republic of the Marshall
    Islands and the Federated States of Micronesia enrolled in institutions
    in the Republic of Palau shall be eligible for grants under subpart 1 of
    part A of title IV of the Higher Education Act of 1965 to the extent
    such grants continue to be available to students from the Republic of
    the Marshall Islands and the Federated States of Micronesia who are
    attending institutions in the United States.

        This title may be cited as the ``Department of Education
    Appropriations Act, 2005''.

                           TITLE IV--RELATED AGENCIES

                          Armed Forces Retirement Home

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

      Committee for Purchase From People Who Are Blind or Severely Disabled

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

    [[Page 118 STAT. 3152]]

                 Corporation for National and Community Service

             Domestic Volunteer Service Programs, Operating Expenses

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

                       Corporation for Public Broadcasting

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

                   Federal Mediation and Conciliation Service

                              Salaries and Expenses

        For expenses necessary for the Federal Mediation and Conciliation
    Service to carry out the functions vested in it by the Labor Management
    Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
    passenger motor vehicles; for expenses necessary for the Labor-
    Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
    necessary for the Service to carry out the functions vested in it by the
    Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
    $44,797,000, including $1,500,000, to remain available through September
    30, 2006, for activities authorized by the Labor-Management Cooperation
    Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
    3302, fees

    [[Page 118 STAT. 3153]]

    charged, up to full-cost recovery, for special training activities and
    other conflict resolution services and technical assistance, including
    those provided to foreign governments and international organizations,
    and for arbitration services shall be credited to and merged with this
    account, and shall remain available until expended: Provided further,
    That fees for arbitration services shall be available only for
    education, training, and professional development of the agency
    workforce: Provided further, That the Director of the Service is
    authorized to accept and use on behalf of the United States gifts of
    services and real, personal, or other property in the aid of any
    projects or functions within the Director's jurisdiction.

                Federal Mine Safety and Health Review Commission

                              Salaries and Expenses

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

                    Institute of Museum and Library Services

        Office of Museum and Library Services: Grants and Administration

        For carrying out the Museum and Library Services Act of 1996,
    $282,827,000, to remain available until expended: Provided, That of the
    amount provided, $100,000 shall be awarded to Academy of Natural
    Sciences, Philadelphia, Pennsylvania, for exhibits and programming
    associated with the Lewis and Clark expedition, $300,000 shall be
    awarded to Alaska Native Heritage Museum, Anchorage, AK in cooperation
    with the Koahnic Broadcasting Corporation for its Elders Oral History
    Project, $50,000 shall be awarded to Alex Haley House and Museum,
    Henning, TN to preserve collections and improve exhibits, $100,000 shall
    be awarded to Allegheny County, Pittsburgh, Pennsylvania, for exhibit
    design and development, $100,000 shall be awarded to Allentown Public
    Library, Allentown, Pennsylvania, for technological upgrades and
    educational programs, $400,000 shall be awarded to AMISTAD America,
    Inc., New Haven, Connecticut, for an endowment fund as authorized under
    Public Law 108-184, $320,000 shall be awarded to Amistad Research
    Center, Tulane University, New Orleans, Louisiana, for faculty research
    fellowship and student internship programs, $50,000 shall be awarded to
    Anniston Museum of Natural History, Anniston, Alabama, for enhanced
    classroom curriculum, $100,000 shall be awarded to Antiquarian &
    Landmarks Society, Hartford, Connecticut, for the Nathan Hale Homestead
    in Coventry, $100,000 shall be awarded to Arab Community Center for
    Economic and Social Services (ACCESS), Dearborn, Michigan, for exhibits
    and museum programs, $75,000 shall be awarded to Athenaeum of
    Philadelphia, Philadelphia, Pennsylvania, for conservation and
    preservation of library materials, $75,000 shall be awarded to Audubon
    Pennsylvania, Audubon, Pennsylvania, for exhibits and nature education
    programs at the Mill Grove Audubon Center, $200,000 shall be awarded to
    Autry National Center, Los Angeles, California, for exhibits, education
    programs and outreach at its Southwest Museum of the American Indian
    and/or its Museum of the American West, $200,000 shall be awarded to
    Baylor University, Waco, Texas, for archival activities, exhibits, and
    education

    [[Page 118 STAT. 3154]]

    programs for the Mayborn Museum Complex, $500,000 shall be awarded to
    Beth Medrash Govoha, Lakewood, New Jersey, for equipment, exhibits and
    preservation of collections, $125,000 shall be awarded to
    Bibliographical Society of America, New York, New York, $500,000 shall
    be awarded to Bishop Museum in Hawaii for digitization of old Hawaiian
    language newspapers and other activities to preserve the culture of
    Native Hawaiians, $100,000 shall be awarded to Boys and Girls Harbor,
    New York, New York, for the preservation and digitalization of Raices
    Collection, a multi-media collection documenting the history of Afro-
    Caribbean Latin music in America, $75,000 shall be awarded to Brooklyn
    Academy of Music, Brooklyn, New York, for preservation and management of
    its archives, $50,000 shall be awarded to Business Association of West
    Parkside, Philadelphia, Pennsylvania, to exhibit the Negro Leagues
    Baseball Memorial, $200,000 shall be awarded to Canton Museum of Art,
    Canton, Ohio, to develop and implement the HeARTland program, $100,000
    shall be awarded to Cape Cod Maritime Museum, Hyannis, Massachusetts,
    for the development of exhibitions and programs, $100,000 shall be
    awarded to Carnegie Museums of Pittsburgh, Pittsburgh, Pennsylvania, for
    preservation of collections at the Carnegie Museum of Natural History,
    $25,000 shall be awarded to Catawba County Historical Association,
    Newton, North Carolina, $200,000 shall be awarded to Chaldean Community
    Culture Center, West Bloomfield, Michigan, for programs that promote
    Chaldean language, history, culture and teacher training, $400,000 shall
    be awarded to Charles H. Wright Museum of African American History,
    Detroit, Michigan, for exhibits, education programs, technology and
    operations, $84,000 shall be awarded to Cherry Hill Township in New
    Jersey for improved library technology, $150,000 shall be awarded to
    Chicago Historical Society, Chicago, Illinois, for expansion of the
    Chicago Historical Society's collections and exhibits, $200,000 shall be
    awarded to Children's Museum in Oak Lawn, Oak Lawn, Illinois, for its
    ``Explore and Soar'' education program, $100,000 shall be awarded to
    City of Henderson, North Carolina, for personnel, equipment and
    technology for the H. Leslie Perry Memorial Library, $200,000 shall be
    awarded to City of Jackson, Mississippi, for the Medger Wiley Evers
    Museum for program and exhibit design and development, $250,000 shall be
    awarded to City of Jackson, Tennessee, to support technology upgrades at
    the Jackson-Madison County Public Library, $150,000 shall be awarded to
    City of Murrieta Public Library, Murrieta, California, for a Literacy
    thru Technology Program, $500,000 shall be awarded to Claude Pepper
    Center in Tallahassee, Florida for the digitization of library holdings,
    $100,000 shall be awarded to College of Physicians of Philadelphia,
    Philadelphia, Pennsylvania, to preserve its medical library and art
    collection, $50,000 shall be awarded to Colleton County Memorial
    Library, Walterboro, South Carolina, for books and library materials,
    $76,000 shall be awarded to Columbus Museum of Art, Columbus, Ohio, to
    develop, test, and fabricate the exhibition, train teachers and docents
    and publicize the project and produce related educational materials,
    $72,000 shall be awarded to Contra Costa County, Martinez, California,
    for the Contra Costa Reads program, $300,000 shall be awarded to Currier
    Museum of Art, Manchester, New Hampshire for educational programs and
    community outreach, $825,000 shall be awarded to Des Moines Arts Center
    for the protection of the current collection, $500,000 shall be awarded
    to

    [[Page 118 STAT. 3155]]

    East Tennessee Historical Society, Knoxville, Tennessee, to expand and
    develop exhibits that teach of the culture and history of east
    Tennessee, $30,000 shall be awarded to Edison House Museum, Louisville,
    Kentucky, for educational programs, $100,000 shall be awarded to
    Everhart Museum, Scranton, Pennsylvania, $430,000 shall be awarded to
    Experience Music Project in Seattle, Washington, for an Oral History
    Program, $100,000 shall be awarded to Fairfax County Public Library,
    Fairfax, Virginia, for its Motheread/Fatheread Plus family literacy
    initiative, $800,000 shall be awarded to Field Museum, Chicago,
    Illinois, for establishing networked computer database for collections
    management, $100,000 shall be awarded to Fine Arts Museums of San
    Francisco for the De Young Museum's Art Education Program, $275,000
    shall be awarded to Florence Library Learning Center, Los Angeles,
    California, for reading and other education programs, $650,000 shall be
    awarded to Florida International Museum, St. Petersburg, Florida, for
    professional activities, $500,000 shall be awarded to Folger Library,
    Washington, D.C., for exhibits, operations, and public programs
    including education and outreach, $50,000 shall be awarded to Frederick
    Douglass Museum, Washington, D.C., for an African American cultural
    outreach center, $75,000 shall be awarded to Free Library of
    Philadelphia, Philadelphia, Pennsylvania, for technology and equipment
    upgrades, $350,000 shall be awarded to George Washington University,
    Washington, D.C., for the Eleanor Roosevelt Papers Project, $12,000
    shall be awarded to Greenburgh Public Library, Tarrytown, New York, for
    computers and technology, $50,000 shall be awarded to Greensburg
    Hempfield Area Public Library, Greensburg, Pennsylvania, for computers,
    $500,000 shall be awarded to Grout Museum, Waterloo, Iowa, for
    exhibitions, $200,000 shall be awarded to Harbor Heritage Society,
    Cleveland, Ohio, for MAKING WAVES: Vessel-wide interpretive exhibit
    planning for the Steamship William G. Mather Maritime Museum, $250,000
    shall be awarded to HealthSpace Cleveland, Cleveland, Ohio, for
    exhibits, $75,000 shall be awarded to Hellenic Cultural Association,
    Salt Lake City, Utah, for exhibit and program development at the
    Hellenic Cultural Museum, $150,000 shall be awarded to Hendry County,
    LaBelle, Florida, for books and technology for Harlem Library, $500,000
    shall be awarded to Hesperia Community Library, Hesperia, California,
    $75,000 shall be awarded to Historical Society of Western Pennsylvania,
    Pittsburgh, Pennsylvania, for exhibit and curriculum development for the
    Western Pennsylvania Sports Museum, $75,000 shall be awarded to
    HistoryMakers, Chicago, Illinois, to create a digital archive dedicated
    to preserving the history and accomplishments of African Americans,
    $150,000 shall be awarded to Home Port Alliance for the USS New Jersey
    for restoration and preservation, $100,000 shall be awarded to
    Hopkinsville-Christian County Public Library, Hopkinsville, Kentucky,
    $250,000 shall be awarded to Hunter College, New York, New York, to
    digitize, preserve and archive collections of the Center for Puerto
    Rican Studies and for public access and dissemination activities,
    $300,000 shall be awarded to Huntsville Museum of Art, Huntsville,
    Alabama, for exhibits, technology, outreach and education programs,
    $300,000 shall be awarded to International Museum of Women, San
    Francisco, California, for education and teacher professional
    development programs, $75,000 shall be awarded to Iona College, New
    York, for technology upgrade for the Ryan Library, $150,000 shall be
    awarded to Italian-American

    [[Page 118 STAT. 3156]]

    Cultural Center of Iowa in Des Moines, Iowa, for exhibits, multi-media
    collections, display, $72,000 shall be awarded to Jackson County Library
    System, Ripley, West Virginia, $415,000 shall be awarded to James Ford
    Bell Museum of Natural History, University of Minnesota, Minneapolis,
    Minnesota, for exhibits and education programs, $350,000 shall be
    awarded to Johnstown Area Heritage Association, Johnstown, Pennsylvania,
    for exhibits and education programs for the Heritage Discovery Center,
    $25,000 shall be awarded to Josephine School Community Museum,
    Berryville, Virginia, $400,000 shall be awarded to Kansas State
    University, Manhattan, Kansas, for the 20th Century Soldier Project,
    $250,000 shall be awarded to Kidspace Children's Museum, Pasadena,
    California, to develop its Shake Zone Education Exhibit, $100,000 shall
    be awarded to Lafayette College, Easton, Pennsylvania, for technology
    updates to the David Bishop Skillman Library, $50,000 shall be awarded
    to Livingston Parish Hungarian Museum, Denham Springs, Louisiana,
    $500,000 shall be awarded to Maltz Museum of Jewish Heritage, Beachwood,
    Ohio, for a Cradle of Christianity: Biblical Treasures from the Holy
    Land traveling exhibition, $250,000 shall be awarded to MAPS Air Museum,
    North Canton, Ohio, to develop educational displays, upkeep of current
    displays, library expansion, historical research and operation expenses,
    $100,000 shall be awarded to Mauch Chunk Historical Society of Carbon
    County, Jim Thorpe, Pennsylvania, $500,000 shall be awarded to Memphis
    Zoo, Memphis, Tennessee, to develop exhibits and support students
    programs, $400,000 shall be awarded to Miami Museum of Science & Space
    Transit Planetarium, Miami, Florida, for exhibits, outreach, and
    education programs, $200,000 shall be awarded to Mid-Hudson Children's
    Museum, Poughkeepsie, New York, for a Comprehensive Technology
    Enrichment Program to enhance exhibits, $40,000 shall be awarded to
    Milford Area Historical Society, Milford, Ohio, for the Promont House
    Museum, $450,000 shall be awarded to Milton J. Rubenstein Museum of
    Science and Technology, Syracuse, New York, $1,540,000 shall be awarded
    to Missouri Historical Society, St. Louis, Missouri, for the
    establishment and maintenance of an archive for materials relating to
    the Congressional career of the Honorable Richard A. Gephardt, $260,000
    shall be awarded to Mount Vernon Public Library, Mount Vernon, New York
    for operations and upgrades, $100,000 shall be awarded to Mt. San
    Antonio College, Walnut, California for equipment, $500,000 shall be
    awarded to Museum of Appalachia, Norris, Tennessee, to preserve and
    restore the collection of Appalachian pioneer artifacts, $250,000 shall
    be awarded to Museum of Aviation Foundation, Warner Robin, Georgia,
    $200,000 shall be awarded to Museum of Fine Arts, Boston, Massachusetts,
    for the development of exhibitions and programs, $600,000 shall be
    awarded to Museum of Flight in Seattle, Washington, for the American
    Fighter Aces Archive and Collection, $250,000 shall be awarded to Museum
    of Science and Industry, Chicago, Illinois, for the Science in Your
    World Program, $500,000 shall be awarded to Museum of Science, Boston,
    Massachusetts, for community outreach, exhibit design and development,
    and educational programs, $75,000 shall be awarded to National Center
    for American Revolution, Wayne, Pennsylvania, for exhibit design and
    curriculum development for the Museum of the American Revolution at
    Valley Forge National Historic Park, $100,000 shall

    [[Page 118 STAT. 3157]]

    be awarded to National City Public Library, National City, California,
    for collections and technology, $950,000 shall be awarded to National D-
    Day Museum in New Orleans, Louisiana, to improve the education,
    outreach, and exhibition of the museum, $100,000 shall be awarded to
    National Museum of American Jewish History, Philadelphia, Pennsylvania,
    to develop a fully interactive learning center linked to their web site
    that will extend the reach of the Museum, $1,000,000 shall be awarded to
    National Museum of Women in the Arts, Washington, D.C., $750,000 shall
    be awarded to National Trust for Historic Preservation, Washington,
    D.C., for the Farnsworth House Museum in Plano, Illinois, $2,100,000
    shall be awarded to Native American Cultural Center and Museum, Oklahoma
    City, Oklahoma, $500,000 shall be awarded to New York Botanical Garden,
    Bronx, New York, for the Virtual Herbarium Project, $1,000,000 shall be
    awarded to New York Hall of Science to develop, expand, and display
    science-related materials, $90,000 shall be awarded to North Carolina
    Museum of Art Foundation, Inc., Raleigh, North Carolina, for exhibits
    and education programs, $1,000,000 shall be awarded to Omaha Performing
    Arts Center in Nebraska for telecommunications systems, $100,000 shall
    be awarded to Pennsylvania Hunting & Fishing Museum, Warren,
    Pennsylvania, to develop curriculum for conservation education, $200,000
    shall be awarded to Pittsburgh Children's Museum, Pittsburgh,
    Pennsylvania, to expand arts and after-school programs for at-risk
    children, $950,000 shall be awarded to Please Touch Museum,
    Philadelphia, Pennsylvania, to develop educational programs focusing on
    hands-on learning experiences, $320,000 shall be awarded to Portland
    State University, Portland, Oregon, to enhance library collections and
    outreach in the area of Middle Eastern and Judaic Studies, $50,000 shall
    be awarded to Putnam County Library, Cookeville, Tennessee, to improve
    exhibits and purchase technology upgrades, $100,000 shall be awarded to
    Reading Company Technical and Historical Society, Inc., Reading,
    Pennsylvania, to expand interpretive activities, $550,000 shall be
    awarded to Rochester Museum & Science Center, Rochester, New York, for
    expansion of exhibitions, $350,000 shall be awarded to Rock and Roll
    Hall of Fame and Museum, Cleveland, Ohio, for music education programs,
    $200,000 shall be awarded to Saint Louis County Economic Council, Saint
    Louis, Missouri, for Jefferson Barracks, $100,000 shall be awarded to
    Sam Davis Memorial Association, Smyrna, Tennessee, for interpretive
    exhibits and education programs for the Sam Davis Home, $350,000 shall
    be awarded to San Bernardino County, San Bernardino, California, for the
    San Bernardino County Museum, $300,000 shall be awarded to Save the
    Speaker's House, Inc., Trappe, Pennsylvania, $315,000 shall be awarded
    to Sci-Quest, The North Alabama Science Center, Huntsville, Alabama, for
    science and mathematics education programs, $175,000 shall be awarded to
    Serra Cooperative Library System, San Diego, California, $100,000 shall
    be awarded to Simon Wiesenthal Center's Los Angeles Museum for
    Tolerance, Los Angeles, California, for the Tools for Tolerance for
    Educators program to provide teacher training in diversity, tolerance
    and cooperation, $50,000 shall be awarded to Smithtown Library,
    Smithtown, New York, for equipment and technology for its Virtual
    Worldwide Neighborhood Website Project, $75,000 shall be awarded to
    Soldiers and Sailors National Military Museum and Memorial, Pittsburgh,
    Pennsylvania, for education and outreach programs, $125,000 shall

    [[Page 118 STAT. 3158]]

    be awarded to Southwest Missouri State University, Springfield,
    Missouri, for digitization of Archives and Rare-book Collections at the
    Meyer Library, $250,000 shall be awarded to Stark County Park District,
    Canton, Ohio, for exhibits, $1,000,000 shall be awarded to State
    Historical Society of Iowa in Des Moines, Iowa, for the development of
    exhibits for the World Food Prize, $250,000 shall be awarded to Taft
    Museum of Art, Cincinnati, Ohio, $600,000 shall be awarded to Tubman
    African American Museum, Macon, Georgia, $250,000 shall be awarded to
    University of Alaska Fairbanks for the continuation of the Alaska
    Digital Archives project, $250,000 shall be awarded to University of
    Vermont of Burlington, Vermont, for a digitization project for the
    preservation of Vermont cultural heritage materials, $500,000 shall be
    awarded to Vietnam Archives Center at Texas Tech University, Lubbock,
    Texas, for technology infrastructure, $200,000 shall be awarded to
    Virginia Living Museum, Newport News, Virginia, for science education,
    $135,000 shall be awarded to Waterloo Center for the Arts, Waterloo,
    Iowa, for the Youth Pavillion to provide educational programs and
    exhibit design and development, $400,000 shall be awarded to Western
    Reserve Historical Society, Cleveland, Ohio, $25,000 shall be awarded to
    William McKinley Presidential Library and Museum, Canton, Ohio, $50,000
    shall be awarded to Williamsburg County Library, Kingstree, South
    Carolina, for books, library materials and computers, $250,000 shall be
    awarded to Winchester Conservation Museum, Edgefield, South Carolina,
    $50,000 shall be awarded to Wisconsin Historical Society, Madison,
    Wisconsin, to catalog and microfilm military base papers, $100,000 shall
    be awarded to Witte Museum, San Antonio, Texas, for the Water Works
    project, $75,000 shall be awarded to Woodmere Art Museum, Philadelphia,
    Pennsylvania, for technology upgrades and education and outreach
    programs, $500,000 shall be awarded to Woodrow Wilson Presidential
    Library, Staunton, Virginia, $100,000 shall be awarded to World War II
    Victory Memorial Museum, Auburn, Indiana, and $75,000 shall be awarded
    to Zimmer Children's Museum, Los Angeles, California, to develop and
    expand the youTHink education program.

                      Medicare Payment Advisory Commission

                              Salaries and Expenses

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

            National Commission on Libraries and Information Science

                              Salaries and Expenses

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

    [[Page 118 STAT. 3159]]

                         National Council on Disability

                              Salaries and Expenses

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

                         National Labor Relations Board

                              Salaries and Expenses

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

                            National Mediation Board

                              Salaries and Expenses

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

                Occupational Safety and Health Review Commission

                              Salaries and Expenses

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

                            Railroad Retirement Board

                         Dual Benefits Payments Account

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

    [[Page 118 STAT. 3160]]

              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.

    [[Page 118 STAT. 3161]]

        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.

    [[Page 118 STAT. 3162]]

        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 <<NOTE: Notice.>> available: Provided, That notice of
    such transfers shall be transmitted promptly to the Committees on
    Appropriations of the House and Senate.

                           TITLE V--GENERAL PROVISIONS

        Sec. 501. The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act: Provided, That such transferred balances are used
    for the same purpose, and for the same periods of time, for which they
    were originally appropriated.
        Sec. 502. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. (a) No part of any appropriation contained in this Act
    shall be used, other than for normal and recognized executive-
    legislative relationships, for publicity or propaganda purposes, for the
    preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, radio, television, or video presentation designed to
    support or defeat legislation pending before the Congress or any State
    legislature, except in presentation to the Congress or any State
    legislature itself.
        (b) No part of any appropriation contained in this Act shall be used
    to pay the salary or expenses of any grant or contract recipient, or
    agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
        Sec. 504. The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $20,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is authorized
    to make available for official reception and representation expenses not
    to exceed $5,000 from the funds available for ``Salaries and expenses,
    Federal Mediation and Conciliation Service''; and the Chairman of the
    National Mediation Board is authorized to make available for official
    reception and representation expenses not to exceed $5,000 from funds
    available for ``Salaries and expenses, National Mediation Board''.
        Sec. 505. Notwithstanding any other provision of this Act, no funds
    appropriated under this Act shall be used to carry out any program of
    distributing sterile needles or syringes for the hypodermic injection of
    any illegal drug.
        Sec. 506. When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state--
                (1) the percentage of the total costs of the program or
            project which will be financed with Federal money;

    [[Page 118 STAT. 3163]]

                (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

    [[Page 118 STAT. 3164]]

    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.

    [[Page 118 STAT. 3165]]

        Sec. 517. (a) None of the funds provided under this Act, or provided
    under previous appropriations Acts to the agencies funded by this Act
    that remain available for obligation or expenditure in fiscal year 2005,
    or provided from any accounts in the Treasury of the United States
    derived by the collection of fees available to the agencies funded by
    this Act, shall be available for obligation or expenditure through a
    reprogramming of funds that--
                (1) creates new programs;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel by any means for any
            project or activity for which funds have been denied or
            restricted;
                (4) relocates an office or employees;
                (5) reorganizes or renames offices;
                (6) reorganizes programs or activities; or
                (7) contracts out or privatizes any functions or activities
            presently performed by Federal employees.

        None of the funds made available by this Act may be reprogrammed
    unless the Appropriations Committees of both Houses of Congress are
    notified 15 days in advance of a reprogramming or announcement of intent
    to reprogram funds, whichever occurs earlier.
        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2005, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a reprogramming
    of funds in excess of $500,000 or 10 percent, whichever is less, that--
                (1) augments existing programs, projects (including
            construction projects), or activities;
                (2) reduces by 10 percent funding for any existing program,
            project, or activity, or numbers of personnel by 10 percent as
            approved by Congress; or
                (3) results from any general savings from a reduction in
            personnel which would result in a change in existing programs,
            activities, or projects as approved by Congress; unless the
            Appropriations Committees of both Houses of Congress are
            notified 15 days in advance of a reprogramming or announcement
            of intent to reprogram funds, whichever occurs earlier.

        Sec. 518. <<NOTE: Alaska. Real property.>> 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 <<NOTE: Deadline. Reports.>> 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.

    [[Page 118 STAT. 3166]]

        (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 <<NOTE: Legislative Branch Appropriations Act, 2005.>> G

                   LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

    TITLE <<NOTE: 2 USC 60a note.>> I--LEGISLATIVE BRANCH APPROPRIATIONS

                                     SENATE

                               Expense Allowances

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

         Representation Allowances for the Majority and Minority Leaders

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

                        Salaries, Officers and Employees

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

                          office of the vice president

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

                       office of the president pro tempore

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

                  office of the president pro tempore emeritus

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

                  offices of the majority and minority leaders

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

                   offices of the majority and minority whips

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

    [[Page 118 STAT. 3167]]

                           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

    [[Page 118 STAT. 3168]]

    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 <<NOTE: 2 USC 61-1.>> Rate of Compensation in Offices
    of Senators. Effective on and <<NOTE: 2 USC 61-1 note.>> 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

    [[Page 118 STAT. 3169]]

    by law and in effect on September 30, 2004, increased by an additional
    $50,000 each.

        Sec. 2. <<NOTE: 2 USC 61h-6 note.>> 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. <<NOTE: 2 USC 31a-2d.>> Transfer of Funds From
    Appropriations Account of the Office of the Vice President and the
    Offices of the Secretaries for the Majority and Minority to the Senate
    Contingent Fund. (a) Office of the Vice President.--
                (1) In general.--Upon the written request of the Vice
            President, the Secretary of the Senate shall transfer from the
            appropriations account appropriated under the subheading
            ``office of the vice president'' under the heading ``Salaries,
            Officers and Employees'' such amount as the Vice President shall
            specify to the appropriations account under the heading
            ``miscellaneous items'' within the contingent fund of the
            Senate.
                (2) Authority to incur expenses.--The Vice President may
            incur such expenses as may be necessary or appropriate. Expenses
            incurred by the Vice President shall be paid from the amount
            transferred under paragraph (1) by the Vice President and upon
            vouchers approved by the Vice President.
                (3) Authority to advance sums.--The Secretary of the Senate
            may advance such sums as may be necessary to defray expenses
            incurred in carrying out paragraphs (1) and (2).

        (b) Offices of the Secretaries for the Majority and Minority.--
                (1) In general.--Upon the written request of the Secretary
            for the Majority or the Secretary for the Minority, the
            Secretary of the Senate shall transfer from the appropriations
            account appropriated under the subheading ``offices of the
            secretaries for the majority and minority'' under the heading
            ``Salaries, Officers and Employees'' such amount as the
            Secretary for the Majority or the Secretary for the Minority
            shall specify to the appropriations account under the heading
            ``miscellaneous items'' within the contingent fund of the
            Senate.
                (2) Authority to incur expenses.--The Secretary for the
            Majority or the Secretary for the Minority may incur such
            expenses as may be necessary or appropriate. Expenses incurred
            by the Secretary for the Majority or the Secretary for the
            Minority shall be paid from the amount transferred under
            paragraph (1) by the Secretary for the Majority or the Secretary
            for the Minority and upon vouchers approved by the Secretary for
            the Majority or the Secretary for the Minority, as applicable.
                (3) Authority to advance sums.--The Secretary of the Senate
            may advance such sums as may be necessary to defray expenses
            incurred in carrying out paragraphs (1) and (2).

    [[Page 118 STAT. 3170]]

        (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. <<NOTE: 2 USC 59d-1.>> 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. <<NOTE: 2 USC 117d-1.>> Compensation for Lost or Damaged
    Property. (a) In General.--Any amounts received by the Sergeant at Arms
    and Doorkeeper of the Senate (in this section referred to as the
    ``Sergeant at Arms'') for compensation for damage to, loss of, or loss
    of use of property of the Sergeant at Arms that was procured using
    amounts available to the Sergeant at Arms in the account for Contingent
    Expenses, Sergeant at Arms and Doorkeeper of the Senate, shall be
    credited to that account or, if applicable, to any subaccount of that
    account.

        (b) Availability.--Amounts credited to any account or subaccount
    under subsection (a) shall be merged with amounts in that account or
    subaccount and shall be available to the same extent, and subject to the
    same terms and conditions, as amounts in that account or subaccount.
        (c) Effective Date.--This section shall apply with respect to fiscal
    year 2005 and each fiscal year thereafter.
        Sec. 9. <<NOTE: 2 USC 88b-1.>> 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.

    [[Page 118 STAT. 3171]]

        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. <<NOTE: 2 USC 1975.>> 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''.

    [[Page 118 STAT. 3172]]

        (c) <<NOTE: 2 USC 31a-1 note.>> 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.

    [[Page 118 STAT. 3173]]

                        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

    [[Page 118 STAT. 3174]]

    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. <<NOTE: 2 USC 112h.>> Net Expenses of Telecommunications
    Revolving Fund. (a) There is hereby established in the Treasury of the
    United States a revolving fund for the House of Representatives to be
    known as the Net Expenses of Telecommunications Revolving Fund
    (hereafter in this section referred to as the ``Revolving Fund''),
    consisting of funds deposited by the Chief Administrative Officer of the
    House of Representatives from amounts provided by legislative branch
    offices to purchase, lease, obtain, and maintain the data and voice
    telecommunications services and equipment located in such offices.

        (b) Amounts in the Revolving Fund shall be used by the Chief
    Administrative Officer without fiscal year limitation to purchase,
    lease, obtain, and maintain the data and voice telecommunications
    services and equipment of legislative branch offices.
        (c) The Revolving Fund shall be treated as a category of allowances
    and expenses for purposes of section 101(a) of the Legislative Branch
    Appropriations Act, 1993 (2 U.S.C. 95b(a)).
        (d) Section 306 of the Legislative Branch Appropriations Act, 1989
    (2 U.S.C. 117f) is amended--
                (1) by striking subsection (b) and redesignating subsection
            (c) as subsection (b); and
                (2) in subsection (b) (as so redesignated), by striking
            ``subsections (a) and (b)'' and inserting ``subsection (a)''.

        (e) Section 102 of the Legislative Branch Appropriations Act, 2003
    (2 U.S.C. 112g) is amended by adding at the end the following new
    subsection:
        ``(e) This section shall not apply with respect to any
    telecommunications equipment which is subject to coverage under section
    103 of the Legislative Branch Appropriations Act, 2005 (relating to the
    Net Expenses of Telecommunications Revolving Fund).''.
        (f) This section and the amendments made by this section shall apply
    with respect to fiscal year 2005 and each succeeding fiscal year, except
    that for purposes of making deposits into the Revolving Fund under
    subsection (a), the Chief Administrative Officer may deposit amounts
    provided by legislative branch offices during fiscal year 2004 or any
    succeeding fiscal year.
        Sec. 103. Contract For Exercise Facility. (a) In General.--The Chief
    Administrative Officer of the House of Representatives shall enter into
    a contract on a competitive basis with a private entity for the
    management, operation, and maintenance of the exercise facility
    established for the use of employees of the House of Representatives
    which is constructed with funds made available under this Act.
        (b) Use of Fees to Support Contract.--Any amounts paid as fees for
    the use of the exercise facility described in subsection (a) shall be
    used to cover costs incurred by the Chief Administrative Officer under
    the contract entered into under this section or to

    [[Page 118 STAT. 3175]]

    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. <<NOTE: 2 USC 117m.>> (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

    [[Page 118 STAT. 3176]]

                    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. <<NOTE: Records. 2 USC 104c.>> (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) <<NOTE: Applicability.>> 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

    [[Page 118 STAT. 3177]]

            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) <<NOTE: Applicability.>> 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 <<NOTE: 2 USC 29a note.>> Date.--The amendments made
    by this section shall apply with respect to the One Hundred Tenth
    Congress and each succeeding Congress.

        Sec. 108. <<NOTE: Regulations. 2 USC 117j-1.>> (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 <<NOTE: Applicability.>> section shall apply with respect
    to fiscal year 2004 and each succeeding fiscal year.

        Sec. 109. <<NOTE: Establishment. 2 USC 74a-13.>> (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) <<NOTE: Applicability.>> This section shall apply with respect
    to fiscal year 2005 and each succeeding fiscal year.

        Sec. 110. The first sentence of section 5 of House Resolution 1238,
    Ninety-first Congress, agreed to December 22, 1970 (as enacted into
    permanent law by chapter VIII of the supplemental Appropriations Act,
    1971) (2 U.S.C. 31b-5), is amended--
                (1) by striking ``step 5 of level 11'' and inserting ``step
            11 of level 13''; and
                (2) by striking ``step 9 of level 8'' and inserting ``step 8
            of level 12''.

                                   JOINT ITEMS

        For Joint Committees, as follows:

    [[Page 118 STAT. 3178]]

                            Joint Economic Committee

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

                           Joint Committee on Taxation

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

                        Office of the Attending Physician

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

                Capitol Guide Service and Special Services Office

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

                          Statements of Appropriations

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

                                 CAPITOL POLICE

                                    Salaries

        For salaries of employees of the Capitol Police, including overtime,
    hazardous duty pay differential, and Government contributions for
    health, retirement, social security, professional liability

    [[Page 118 STAT. 3179]]

    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. <<NOTE: 2 USC 1901 note.>> 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

    [[Page 118 STAT. 3180]]

                (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. <<NOTE: 2 USC 1921a.>> 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. <<NOTE: 2 USC 1976.>> 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. <<NOTE: 2 USC 1977.>> Settlement and Payment of Tort
    Claims. (a) Federal Tort Claims Act.--

    [[Page 118 STAT. 3181]]

                (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) <<NOTE: Deadlines.>> 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) <<NOTE: Notification.>> 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.

    [[Page 118 STAT. 3182]]

        (b) Claims of Employees of Capitol Police.--
                (1) In general.--The Capitol Police Board may prescribe
            regulations to apply the provisions of section 3721 of title 31,
            United States Code, for the settlement and payment of a claim
            against the Capitol Police by an employee of the Capitol Police
            for damage to, or loss of personal property incident to service.
                (2) Limitation.--No settlement and payment of a claim under
            regulations prescribed under this subsection may exceed the
            limits applicable to the settlement and payment of claims under
            section 3721 of title 31, United States Code.

        (c) Rule of Construction.--Nothing in this section may be construed
    to affect--
                (1) any payment under section 1304 of title 31, United
            States Code, of a final judgment, award, compromise settlement,
            and interest and costs specified in the judgment based on a
            claim against the Capitol Police; or
                (2) any authority for any--
                        (A) settlement under section 414 of the
                    Congressional Accountability Act of 1995 (2 U.S.C.
                    1414), or
                        (B) payment under section 415 of that Act (2 U.S.C.
                    1415).

        (d) Effective Date.--This section shall apply to fiscal year 2005
    and each fiscal year thereafter.
        Sec. 1007. <<NOTE: 2 USC 1978.>> 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 <<NOTE: Notification.>> 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. <<NOTE: 2 USC 1979.>> 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

    [[Page 118 STAT. 3183]]

                (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.

    [[Page 118 STAT. 3184]]

                            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

    [[Page 118 STAT. 3185]]

    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. <<NOTE: 2 USC 2162 note.>> 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) <<NOTE: Deadline. Reports.>> 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

    [[Page 118 STAT. 3186]]

            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) <<NOTE: Deadline.>> Implementation Plan.--If the Comptroller
    General makes a recommendation under subsection (b)(2) in favor of
    entering into a contract, the Architect of the Capitol shall submit an
    implementation plan for that contract to the appropriate congressional
    committees not later than the later of--
                (1) 270 days after the date of enactment of this Act; or
                (2) the date of the completion of the West Refrigeration
            Plant.

        (d) Contract.--Subject to the approval of the appropriate
    congressional committees, the Architect of the Capitol shall enter into
    a contract with a private entity for the management and operation of the
    Capitol Power Plant.
        (e) Effective Date.--This section shall apply to fiscal year 2005
    and each fiscal year thereafter.
        Sec. 1102. (a) The Comptroller General shall conduct an analysis of
    the operations of the Office of the Architect of the Capitol, and shall
    include in the analysis recommendations regarding the extent to which
    the functions and duties of the Architect of the Capitol may be carried
    out more effectively through contracts with private entities, through
    reassignment to other entities of the legislative branch, and through
    such other methods as the Comptroller General considers appropriate.
        (b) <<NOTE: Deadline. Reports.>> 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

    [[Page 118 STAT. 3187]]

    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 <<NOTE: Grants.>> 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

    [[Page 118 STAT. 3188]]

    ``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

    [[Page 118 STAT. 3189]]

    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. <<NOTE: 2 USC 179w note.>> National Film Preservation
    Board and National Film Preservation Foundation. (a) Effective Dates.--
    Notwithstanding the effective date under section 113 of the National
    Film Preservation Act of 1996 (2 U.S.C. 179w), title I of that Act shall
    be considered to be effective through fiscal year 2005.

        (b) Authorization of Appropriations.--Section 151711(a) of title 36,
    United States Code, is amended by striking ``2003'' and inserting
    ``2005''.

                           GOVERNMENT PRINTING OFFICE

                       Congressional Printing and Binding

                          (including transfer of funds)

        For authorized printing and binding for the Congress and the
    distribution of Congressional information in any format; printing and
    binding for the Architect of the Capitol; expenses necessary for
    preparing the semimonthly and session index to the Congressional Record,
    as authorized by law (section 902 of title 44, United States Code);
    printing and binding of Government publications authorized by law to be
    distributed to Members of Congress; and printing, binding, and
    distribution of Government publications authorized by law to be
    distributed without charge to the recipient, $88,800,000: Provided, That
    this appropriation shall not be available for paper copies of the
    permanent edition of the Congressional Record for individual
    Representatives, Resident Commissioners or Delegates authorized under
    section 906 of title 44, United States Code: Provided further, That this
    appropriation shall be available for the payment of obligations incurred
    under the appropriations for similar purposes for preceding fiscal
    years: Provided further,

    [[Page 118 STAT. 3190]]

    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

    [[Page 118 STAT. 3191]]

    pay for level V of the Executive Schedule under section 5316 of such
    title: Provided further, That the revolving fund and the funds provided
    under the headings ``Office of Superintendent of Documents'' and
    ``salaries and expenses'' together may not be available for the full-
    time equivalent employment of more than 2,621 workyears (or such other
    number of workyears as the Public Printer may request, subject to the
    approval of the Committees on Appropriations of the House of
    Representatives and Senate): Provided further, That activities financed
    through the revolving fund may provide information in any format:
    Provided further, That not more than $10,000 may be expended from the
    revolving fund in support of the activities of the Benjamin Franklin
    Tercentenary Commission established by Public Law 107-202.

                            Administrative Provision

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

                        GOVERNMENT ACCOUNTABILITY OFFICE

                              Salaries and Expenses

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

    [[Page 118 STAT. 3192]]

    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) <<NOTE: Notification. Deadline.>> 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

    [[Page 118 STAT. 3193]]

    maintenance or care of private vehicles, except for emergency assistance
    and cleaning as may be provided under regulations relating to parking
    facilities for the House of Representatives issued by the Committee on
    House Administration and for the Senate issued by the Committee on Rules
    and Administration.
        Sec. 202. Fiscal Year Limitation. No part of the funds appropriated
    in this Act shall remain available for obligation beyond fiscal year
    2005 unless expressly so provided in this Act.
        Sec. 203. Rates of Compensation and Designation. Whenever in this
    Act any office or position not specifically established by the
    Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or
    the rate of compensation or designation of any office or position
    appropriated for is different from that specifically established by such
    Act, the rate of compensation and the designation in this Act shall be
    the permanent law with respect thereto: Provided, That the provisions in
    this Act for the various items of official expenses of Members,
    officers, and committees of the Senate and House of Representatives, and
    clerk hire for Senators and Members of the House of Representatives
    shall be the permanent law with respect thereto.
        Sec. 204. Consulting Services. The expenditure of any appropriation
    under this Act for any consulting service through procurement contract,
    under section 3109 of title 5, United States Code, shall be limited to
    those contracts where such expenditures are a matter of public record
    and available for public inspection, except where otherwise provided
    under existing law, or under existing Executive order issued under
    existing law.
        Sec. 205. Awards and Settlements. Such sums as may be necessary are
    appropriated to the account described in subsection (a) of section 415
    of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to
    pay awards and settlements as authorized under such subsection.
        Sec. 206. Costs of LBFMC. Amounts available for administrative
    expenses of any legislative branch entity which participates in the
    Legislative Branch Financial Managers Council (LBFMC) established by
    charter on March 26, 1996, shall be available to finance an appropriate
    share of LBFMC costs as determined by the LBFMC, except that the total
    LBFMC costs to be shared among all participating legislative branch
    entities (in such allocations among the entities as the entities may
    determine) may not exceed $2,000.
        Sec. 207. Landscape Maintenance. The Architect of the Capitol, in
    consultation with the District of Columbia, is authorized to maintain
    and improve the landscape features, excluding streets and sidewalks, in
    the irregular shaped grassy areas bounded by Washington Avenue, SW on
    the northeast, Second Street SW on the west, Square 582 on the south,
    and the beginning of the I-395 tunnel on the southeast.
        Sec. 208. Limitation on Transfers. None of the funds made available
    in this Act may be transferred to any department, agency, or
    instrumentality of the United States Government, except pursuant to a
    transfer made by, or transfer authority provided in, this Act or any
    other appropriation Act.
        Sec. 209. <<NOTE: 5 USC 5701 note.>> 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

    [[Page 118 STAT. 3194]]

    General Services for official travel by officers or employees of the
    entity during fiscal year 2005 or any succeeding fiscal year.

        Sec. 210. <<NOTE: 2 USC 60q.>> 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

    [[Page 118 STAT. 3195]]

            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

    [[Page 118 STAT. 3196]]

            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 <<NOTE: 117 Stat. 383.>> is amended--
                (1) by striking the first proviso; and
                (2) by striking ``Provide further,'' and inserting
            ``Provided,''.

        Sec. 213. <<NOTE: 40 USC 5102 note.>> 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

    [[Page 118 STAT. 3197]]

                    Louisiana Avenue, N.W., between squares 631 and W632,
                    which remains Federal property, and whose maintenance
                    and repair shall be the responsibility of the District
                    of Columbia.
                        (B) That portion of D Street, N.W., between its
                    intersection with New Jersey Avenue, N.W., and its
                    intersection with Louisiana Avenue, N.W., between
                    squares 630 and W632, which remains Federal property.

        (b) Miscellaneous.--
                (1) Compliance with other laws.--Compliance with this
            section shall be deemed to satisfy the requirements of all laws
            otherwise applicable to transfers of jurisdiction over parcels
            of Federal real property.
                (2) United states capitol grounds.--
                        (A) Definition.--Section 5102 of title 40, United
                    States Code, is amended to include within the definition
                    of the United States Capitol Grounds the parcels of
                    Federal real property described in subsection (a)(2).
                        (B) Jurisdiction of capitol police.--The United
                    States Capitol Police shall have jurisdiction over the
                    parcels of Federal real property described in subsection
                    (a)(2) in accordance with section 9 of the Act entitled
                    ``An Act to define the United States Capitol Grounds, to
                    regulate the use thereof, and for other purposes'',
                    approved July 31, 1946 (2 U.S.C. 1961).
                (3) Effect of transfer.--A person relinquishing jurisdiction
            over any parcel of Federal real property transferred by
            subsection (a) shall not retain any interest in the parcel
            except as specifically provided in this section.

        (c) Effective Date.--This Act shall apply to fiscal year 2005 and
    each fiscal year thereafter.
        Sec. 214. Commission on the Abraham Lincoln Study Abroad Fellowship
    Program. Extension of Report and Termination Dates.--Section 104 of
    division H of the Consolidated Appropriations Act, 2004 (Public Law 108-
    199; 118 Stat. 435) is amended--
                (1) in subsection (f), by striking ``December 1, 2004'' and
            inserting ``December 1, 2005''; and
                (2) in subsection (g), by striking ``December 31, 2004'' and
            inserting ``December 31, 2005''.

        Sec. 215. <<NOTE: 2 USC 2168.>> (a) The Chief Administrative Officer
    of the House of Representatives and the Sergeant at Arms and Doorkeeper
    of the Senate may enter into a memorandum of understanding under which
    the Sergeant at Arms and Doorkeeper shall provide all services of the
    United States Capitol telephone exchange for the House of
    Representatives, in accordance with such terms and conditions as may be
    provided in the memorandum of understanding.

        (b) For any period during which a memorandum of understanding is in
    effect pursuant to this section--
                (1) all positions in the United States Capitol telephone
            exchange for which the employing authority is the Chief
            Administrative Officer shall be transferred to the Sergeant at
            Arms and Doorkeeper;
                (2) all employees in the United States Capitol telephone
            exchange for whom the employing authority is the Chief
            Administrative Officer shall be transferred to, and appointed
            by, the Sergeant at Arms and Doorkeeper; and

    [[Page 118 STAT. 3198]]

                (3) the Sergeant at Arms and Doorkeeper shall serve as the
            employing authority for all personnel of the United States
            Capitol telephone exchange.

        (c) In carrying out a memorandum of understanding pursuant to this
    section, the Sergeant at Arms and Doorkeeper shall ensure that, with
    respect to any employee of the United States Capitol telephone exchange
    whose employing authority prior to the effective date of the memorandum
    was the Chief Administrative Officer--
                (1) the rate of pay and leave accrual for the employee shall
            not be less than the employee's rate of pay and leave accrual
            for the most recent pay period prior to such date, unless--
                        (A) the employee does not remain in the same
                    position with the exchange; or
                        (B) the rate of pay or leave accrual is reduced for
                    cause; and
                (2) any leave accrued by the employee that remains unused as
            of such date shall be transferred to the employee and made
            available for the employee to use under the same terms and
            conditions that applied to the use of the leave prior to such
            date.

        (d) The last sentence of section 4(b) of the House Employees
    Position Classification Act (2 U.S.C. 293(b)) is amended by striking
    ``succeeding year,'' and inserting the following: ``succeeding year
    (other than any period during which a memorandum of understanding
    described in section 215(a) of the Legislative Branch Appropriations
    Act, 2005 is in effect),''.
        (e)(1) A memorandum of understanding under this section may include
    a provision requiring the reimbursement by the House of Representatives
    during a fiscal year (paid out of the applicable accounts of the House)
    of the expenses incurred by the Sergeant at Arms and Doorkeeper during
    the fiscal year in carrying out the memorandum with respect to the
    employees of the United States Capitol telephone exchange whose
    employing authority prior to the effective date of the memorandum was
    the Chief Administrative Officer.
        (2) Any reimbursement made pursuant to this subsection--
                (A) in the case of a reimbursement for salaries or agency
            contributions and related expenses, shall be deposited in the
            account under the heading ``Office of the sergeant at arms and
            doorkeeper'' or ``agency contributions and related expenses'',
            under the heading ``Salaries, Officers and Employees''; and
                (B) in the case of a reimbursement for expenses, shall be
            deposited in the account under the heading ``sergeant at arms
            and doorkeeper of the senate'' under the heading ``Contingent
            Expenses of the Senate''.

        (3) Any funds deposited under paragraph (2) shall be available in
    like manner and for the same purposes as are other funds in the account
    to which the funds were deposited.
        (f) This section and the amendment made by this section shall apply
    with respect to fiscal year 2005 and each succeeding fiscal year.
        This division may be cited as the ``Legislative Branch
    Appropriations Act, 2005''.

    [[Page 118 STAT. 3199]]

         DIVISION H--TRANSPORTATION, <<NOTE: Transportation, Treasury,
        Independent Agencies, and General Government Appropriations Act,
         2005.>> 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.

    [[Page 118 STAT. 3200]]

                          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.

    [[Page 118 STAT. 3201]]

                            Payments to Air Carriers

                         (Airport and Airway Trust Fund)

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

                         Federal Aviation Administration

                                   operations

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

    [[Page 118 STAT. 3202]]

    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

    [[Page 118 STAT. 3203]]

    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. <<NOTE: 49 USC 44502 note.>> 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.

    [[Page 118 STAT. 3204]]

        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. <<NOTE: Grants. Airports.>> 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 <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
    available for the implementation or execution of programs, the
    obligations for which

    [[Page 118 STAT. 3205]]

    are in excess of $34,700,000,000 for Federal-aid highways and highway
    safety construction programs for fiscal year 2005: Provided, That within
    the $34,700,000,000 obligation limitation on Federal-aid highways and
    highway safety construction programs, not more than $462,500,000 shall
    be available for the implementation or execution of programs for
    transportation research (sections 502, 503, 504, 506, 507, and 508 of
    title 23, United States Code, as amended; section 5505 of title 49,
    United States Code, as amended; and sections 5112 and 5204-5209 of
    Public Law 105-178) for fiscal year 2005: Provided further, That this
    limitation on transportation research programs shall not apply to any
    authority previously made available for obligation: Provided further,
    That within the $232,000,000 obligation limitation on Intelligent
    Transportation Systems, the following sums shall be made available for
    Intelligent Transportation System projects that are designed to achieve
    the goals and purposes set forth in section 5203 of the Intelligent
    Transportation Systems Act of 1998 (subtitle C of title V of Public Law
    105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the following specified
    areas:
                Alameda Corridor-East Project, San Gabriel Valley,
            California, $2,000,000.
                Alexandria Fiber Optic Cable for Traffic Signal
            Coordination, Virginia, $2,000,000.
                Alliance for Transportation Research, Transportation
            Technology Center, New Mexico, $750,000.
                Appalachian Transportation Institute and U3C, West Virginia,
            $1,000,000.
                Atlanta Construction and Traffic Management Project,
            Georgia, $2,000,000.
                Baltimore City Intelligent Transportation System, Maryland,
            $1,000,000.
                Bay County Regional ITS, Florida, $2,000,000.
                Calmar Research Vehicle Communication Systems, New York,
            $1,150,000.
                Center for Injury Sciences, Alabama, $2,000,000.
                Central Florida Regional Transportation Authority (LYNX):
            North Orange/South Seminole ITS Enhanced Circulator, $500,000.
                Cicero Avenue Smart Corridor, Illinois, $1,000,000.
                City of Boston Directional Signage Program, Massachusetts,
            $1,000,000.
                City of Elk Grove ITS Project, California, $1,500,000.
                City of Fort Worth Intelligent Transportation Systems,
            Texas, $1,800,000.
                City of San Antonio Municipal ITS Technologies, Texas,
            $1,300,000.
                Clark County ITS, Washington, $2,000,000.
                Commercial Vehicle Information Systems Network, Illinois,
            $500,000.
                COTA ITS Integration Project Phases II and III, Ohio,
            $800,000.
                DeKalb Co. Signal System Improvements, Georgia, $500,000.
                Downtown Signalization Project, Mechanicsburg, Pennsylvania,
            $750,000.
                FAST-TRAC Signal Expansion, Michigan, $1,000,000.

    [[Page 118 STAT. 3206]]

                Florida State University System Center for Intermodal
            Transportation Safety, $3,000,000.
                Freeway Incident Management Program, Houston, Texas,
            $3,250,000.
                Ft. Lauderdale Intelligent Trans System Improvement,
            Florida, $1,000,000.
                GEARS Demonstration Project, Cumberland County,
            Pennsylvania, $150,000.
                Germantown ITS, Tennessee, $500,000.
                GMU ITS Appropriations, Virginia, $2,000,000.
                Highway Speed E-ZPass, Outerbridge Crossing, New York,
            $350,000.
                Hillsborough Area Regional Transit Authority: Bus Tracking,
            Communication and Security, Florida, $750,000.
                I-70 Incident Management Plan, Colorado, $1,250,000.
                I-91 Fiber and ITS Construction, Massachusetts, $2,500,000.
                Intelligent Transportation at George Washington University,
            Virginia, $1,000,000.
                Intelligent Transportation System Feasibility Study and
            Implementation Plan, Edmond, Oklahoma, $100,000.
                Intelligent Transportation System, Jackson, Tennessee,
            $385,000.
                Intelligent Transportation System, Wichita, Kansas,
            $1,250,000.
                Intelligent Transportation Systems, Nebraska, $450,000.
                Intelligent Transportation Systems, City of Jackson,
            Tennessee, $1,000,000.
                Intelligent Transportation Systems, Illinois, $5,000,000.
                Intercity Transit ITS (Thurston County), Washington,
            $2,000,000.
                Interurban Transit Partnership, Grand Rapids, Michigan,
            $2,000,000.
                Iowa ITS, $2,000,000.
                ITS--Commercial Vehicle Safety and Integration Statewide,
            Utah, $500,000.
                ITS--Northwest Arkansas Regional Architecture, Arkansas,
            $250,000.
                ITS--Rural Recreation & Tourism, Statewide, Utah, $750,000.
                ITS--Springfield, Illinois, $650,000.
                ITS Deployment Project, Inglewood, California, $400,000.
                ITS Statewide, Maryland, $1,000,000.
                Jacksonville Transportation Authority: Intelligent
            Transportation Systems Regional Planning, Florida, $750,000.
                JAXPORT Intermodal Cargo Tracking Project, Florida,
            $900,000.
                Kansas City SmartPort, Missouri, $750,000.
                King County, County-Wide Signal Program, Washington,
            $2,000,000.
                Lake County Passage, Lake County, Illinois, $1,250,000.
                Laredo ITS Multi-Agency Integration and Incidence Project,
            Texas, $500,000.
                Los Angeles Union Station Communication System, $1,000,000.
                Lynnwood Traffic Management Center of Multi-Jurisdictional
            ITS, Washington, $1,000,000.

    [[Page 118 STAT. 3207]]

                MARTA Automated Fare Collection/Smart Card System, Georgia,
            $500,000.
                Missouri Statewide Rural ITS, $2,500,000.
                Montgomery County Integrated ITS Program, Maryland,
            $750,000.
                Montgomery Intelligent Transportation System Acquisition and
            Implementation, Alabama, $1,000,000.
                Nepperhan Traffic Improvements, City of Yonkers, New York,
            $300,000.
                Northwest Arkansas Regional Planning Commission--ITS
            Regional Architecture, $300,000.
                Park Avenue Corridor Improvements, New Jersey, $1,000,000.
                Park Avenue Corridor Improvements, Union County, New Jersey,
            $765,000.
                Pennsylvania Turnpike ITS Initiative, Pennsylvania,
            $2,000,000.
                PSU's Center for Transportation Studies ITS Initiative,
            Oregon, $400,000.
                Puget Sound In-Vehicle Traffic Map Expansion Program,
            Washington, $2,000,000.
                Pulaski at Irving Park Intersection Improvement, Illinois,
            $500,000.
                PVTA ITS, Massachusetts, $1,000,000.
                Regional ITS Springfield, Missouri, $2,000,000.
                Reston Traffic Signal Prioritization, Virginia, $750,000.
                Route 28 traffic light synchronization, $500,000.
                Route 50 signalization improvement, Virginia, $1,000,000.
                Route 7 signalization improvements, Virginia, $500,000.
                Rural Highway Information System, Kentucky, $2,000,000.
                San Diego Joint Transportation Operations Center,
            California, $750,000.
                SCDOT InRoads, South Carolina, $2,500,000.
                Signal Pre-emption Upgrades, Culver City, California,
            $110,000.
                South Boulevard Signal System, North Carolina, $470,000.
                Springfield Regional Intelligent Transportation System,
            Missouri, $2,000,000.
                Stamford Urban Transitway Phase II, Connecticut, $1,000,000.
                State Transportation Incident Management Center, Wisconsin,
            $500,000.
                STRAP 3 Transportation Program Tracking, $1,500,000.
                The Mass Country Roads Traveler Information System,
            Massachusetts, $200,000.
                TMC Transportation Operations Center, Texas, $500,000.
                Traffic Operations Center, City of Fresno, California,
            $500,000.
                Traffic Response and Information, Partnership Center,
            Maryland, $1,500,000.
                Transportation Management & Emergency Ops Center/Oakland,
            California, $750,000.
                Transportation Research Center, Georgia, $1,000,000.
                Traveler Information System, Seattle, Washington,
            $1,000,000.
                Tri-County ITS Coordination Initiative, Michigan, $500,000.

    [[Page 118 STAT. 3208]]

                Twin Cities, Minnesota Redundant Communications Pilot,
            $750,000.
                University of Alaska Arctic Transportation Engineering
            Research Center, Alaska, $1,500,000.
                University of Kentucky Transportation Center, $1,500,000.
                US 2 Lohman Rail Crossing Advance Warning, Montana,
            $1,000,000.
                US 280 Corridor ITS, Alabama, $800,000.
                US 280, Jefferson County, ITS, Alabama, $4,000,000.
                US 98 Widening from Bayshore Road to Portside Road, Florida,
            $500,000.
                Variable Message Signs and 511 Implementation, Idaho,
            $2,250,000.
                Ventura County Intelligent Transportation Systems,
            California, $750,000.
                Vermont Roadway Weather Information System, $1,000,000.
                Village of Tarrytown, New York, $320,000.
                West Baton Rouge Emergency Communications Center, Louisiana,
            $1,500,000.
                Wisconsin State Patrol Mobile Data Communications Network--
            Phase III, $3,400,000.

                              Federal-Aid Highways

                     (liquidation of contract authorization)

                              (highway trust fund)

        Notwithstanding any other provision of law, for carrying out the
    provisions of title 23, United States Code, that are attributable to
    Federal-aid highways, including the National Scenic and Recreational
    Highway as authorized by 23 U.S.C. 148, not otherwise provided,
    including reimbursement for sums expended pursuant to the provisions of
    23 U.S.C. 308, $35,000,000,000 or so much thereof as may be available in
    and derived from the Highway Trust Fund, to remain available until
    expended.

                              federal-aid highways

                              (highway trust fund)

                                  (rescission)

        Of the unobligated balances of funds apportioned to each State under
    chapter 1 of title 23, United States Code, $520,277,000 are rescinded:
    Provided, That such rescission shall not apply to the funds distributed
    in accordance with 23 U.S.C. 133(d)(1) and the first sentence of 23
    U.S.C. 133(d)(3)(A) or to the funds apportioned to the program
    authorized under section 163 of title 23, United States Code.

    [[Page 118 STAT. 3209]]

                              FEDERAL-AID HIGHWAYS

                            EMERGENCY RELIEF PROGRAM

                              (including recission)

                              (highway trust fund)

        For an additional amount for the ``Emergency Relief Program'' as
    authorized under section 125 of title 23, United States Code,
    $741,000,000, to be derived from the Highway Trust Fund (other than the
    Mass Transit Account) and to remain available until expended: Provided,
    That of the unobligated balances of funds apportioned to each State
    under chapter 1 of title 23, United States Code, $741,000,000 are
    rescinded: Provided further, That such rescission shall not apply to the
    funds distributed in accordance with 23 U.S.C. 133(d)(1) and the first
    sentence of 23 U.S.C. 133(d)(3)(A) or to the funds apportioned to the
    program authorized under section 163 of title 23, United States Code.

                     Appalachian Development Highway System

        For necessary expenses for the Appalachian Development Highway
    System as authorized under section 1069(y) of Public Law 102-240, as
    amended, $80,000,000, to remain available until expended.

               General Provisions--Federal Highway Administration

        Sec. 110. (a) <<NOTE: 23 USC 104 note.>> 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;

    [[Page 118 STAT. 3210]]

                (4) distribute the obligation limitation for Federal-aid
            highways less the aggregate amounts not distributed under
            paragraphs (1) and (2) for section 201 of the Appalachian
            Regional Development Act of 1965 and $2,000,000,000 for such
            fiscal year under section 105 of title 23, United States Code
            (relating to minimum guarantee) so that the amount of obligation
            authority available for each of such sections is equal to the
            amount determined by multiplying the ratio determined under
            paragraph (3) by the sums authorized to be appropriated for such
            section (except in the case of section 105, $2,000,000,000) for
            such fiscal year;
                (5) distribute the obligation limitation provided for
            Federal-aid highways less the aggregate amounts not distributed
            under paragraphs (1) and (2) and amounts distributed under
            paragraph (4) for each of the programs that are allocated by the
            Secretary under title 23, United States Code (other than
            activities to which paragraph (1) applies and programs to which
            paragraph (4) applies) by multiplying the ratio determined under
            paragraph (3) by the sums authorized to be appropriated for such
            program for such fiscal year; and
                (6) distribute the obligation limitation provided for
            Federal-aid highways less the aggregate amounts not distributed
            under paragraphs (1) and (2) and amounts distributed under
            paragraphs (4) and (5) for Federal-aid highways and highway
            safety construction programs (other than the minimum guarantee
            program, but only to the extent that amounts apportioned for the
            minimum guarantee program for such fiscal year exceed
            $2,639,000,000, and the Appalachian development highway system
            program) that are apportioned by the Secretary under title 23,
            United States Code, in the ratio that--
                        (A) sums authorized to be appropriated for such
                    programs that are apportioned to each State for such
                    fiscal year, bear to
                        (B) the total of the sums authorized to be
                    appropriated for such programs that are apportioned to
                    all States for such fiscal year.

        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations: (1)
    under section 125 of title 23, United States Code; (2) under section 147
    of the Surface Transportation Assistance Act of 1978; (3) under section
    9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and
    131(j) of the Surface Transportation Assistance Act of 1982; (5) under
    sections 149(b) and 149(c) of the Surface Transportation and Uniform
    Relocation Assistance Act of 1987; (6) under sections 1103 through 1108
    of the Intermodal Surface Transportation Efficiency Act of 1991; (7)
    under section 157 of title 23, United States Code, as in effect on the
    day before the date of the enactment of the Transportation Equity Act
    for the 21st Century; (8) under section 105 of title 23, United States
    Code (but, only in an amount equal to $639,000,000 for such fiscal
    year); and (9) for Federal-aid highway programs for which obligation
    authority was made available under the Transportation Equity Act for the
    21st Century or subsequent public laws for multiple years or to remain
    available until used, but only to the extent that such obligation
    authority has not lapsed or been used.
        (c) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (a), the Secretary shall after August 1

    [[Page 118 STAT. 3211]]

    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 <<NOTE: Deadline.>> of Certain Authorized
    Funds.--Not later than 30 days after the date of the distribution of
    obligation limitation under subsection (a), the Secretary shall
    distribute to the States any funds: (1) that are authorized to be
    appropriated for such fiscal year for Federal-aid highways programs
    (other than the program under section 160 of title 23, United States
    Code) and for carrying out subchapter I of chapter 311 of title 49,
    United States Code, and highway-related programs under chapter 4 of
    title 23, United States Code; and (2) that the Secretary determines will
    not be allocated to the States, and will not be available for
    obligation, in such fiscal year due to the imposition of any obligation
    limitation for such fiscal year. Such distribution to the States shall
    be made in the same ratio as the distribution of obligation authority
    under subsection (a)(6). The funds so distributed shall be available for
    any purposes described in section 133(b) of title 23, United States
    Code.

        (f) Special Rule.--Obligation limitation distributed for a fiscal
    year under subsection (a)(4) of this section for a section set forth in
    subsection (a)(4) shall remain available until used and shall be in
    addition to the amount of any limitation imposed on obligations for
    Federal-aid highway and highway safety construction programs for future
    fiscal years.
        Sec. 111. Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
    the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 112. Of the funds made available to the Bureau of
    Transportation Statistics in fiscal year 2005, $400,000 shall be
    available to administer section 5402 of title 39, United States Code.
        Sec. 113. (a) Notwithstanding any other provision of law, in section
    1602 of the Transportation Equity Act for the 21st Century, item number
    89 is amended by striking ``Construct I-495/Route 2 interchange east of
    existing interchange to provide access to commuter rail station,
    Littleton'' and inserting ``Ayer commuter rail station improvements,
    land acquisition and parking improvements''.

    [[Page 118 STAT. 3212]]

        (b) Of the $6,000,000 portion of the funds appropriated under the
    heading ``Highway Demonstration Projects'' in title I of Public Law 102-
    143 (105 Stat. 929) that was allocated for Routes 70/38 Circle
    Elimination, New Jersey, $4,500,000 shall be transferred to, and made
    available for, the following projects in the specified amounts: Mantua
    Creek Overpass in Paulsboro, New Jersey, $2,000,000; Delsea Drive Route
    47 Timber Creek in Westville, New Jersey, $787,000; Camden Waterfront
    Parking Garage in Camden, New Jersey, $1,213,000; and Route 47 Chapel
    Heights Avenue in Gloucester, New Jersey, $500,000.
        (c) Of the amount made available under item number 89 of the table
    contained in section 1107(b) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (105 Stat. 2052), $3,300,000 shall be used to
    carry out a comprehensive regional transportation study on the
    multimodal transportation needs in Grand Traverse County, Michigan, and
    to implement recommendations resulting from the study.
        (d) Of the funds provided for under ``Transportation and Community
    and System Preservation Program'' in Public Law 106-69 and Public Law
    106-346 for the project known as ``Utah-Colorado `Isolated Empire' Rail
    Connector Study'' as referenced in House Report 106-355 and House Report
    106-940, any remaining unobligated balance as of October 1, 2004, shall
    be made available to the Central Utah Rail Line (Sigurd/Salina to Levan)
    Project.
        (e) Section 378 of the Department of Transportation and Related
    Agencies Appropriations Act, 2001 (114 Stat. 1356A-38) is amended by
    striking ``an extension of Highway 180 from the City of Mendota'' and
    inserting ``an extension of Highway 180 from the City of Fresno''.
        Sec. 114. None of the funds made available in this Act may be used
    to require a State or local government to post a traffic control device
    or variable message sign, or any other type of traffic warning sign, in
    a language other than English, except with respect to the names of
    cities, streets, places, events, or signs related to an international
    border.
        Sec. 115. Division F, title I, section 115 of Public Law 108-199 is
    amended <<NOTE: Ante, p. 294.>> 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

    [[Page 118 STAT. 3213]]

    guarantee program, the Secretary of Transportation shall deduct a sum in
    such amount not to exceed 4.1 percent of all sums so authorized:
    Provided, That of the amount so deducted in accordance with this
    section, $25,000,000 shall be made available to make grants to support
    planning, highway corridor development, and highway construction
    projects in the area that comprises the Delta Regional Authority; and
    $1,211,360,000 shall be made available for surface transportation
    projects as identified under this section in the statement of the
    managers accompanying this Act: Provided further, That notwithstanding
    any other provision of law and the preceding clauses of this provision,
    the Secretary of Transportation may use amounts made available by this
    section to make grants for any surface transportation project otherwise
    eligible for funding under title 23 or, title 49, United States Code:
    Provided further, That funds made available under this section, at the
    request of a State, shall be transferred by the Secretary to another
    Federal agency: Provided further, That the Federal share payable on
    account of any program, project, or activity carried out with funds made
    available under this section shall be 100 percent: Provided further,
    That the sum deducted in accordance with this section shall remain
    available until expended: Provided further, That all funds made
    available under this section shall be subject to any limitation on
    obligations for Federal-aid highways and highway safety construction
    programs set forth in this Act or any other Act: Provided further, That
    the obligation limitation made available for the programs, projects, and
    activities for which funds are made available under this section shall
    remain available until used and shall be in addition to the amount of
    any limitation imposed on obligations for Federal-aid highway and
    highway safety construction programs for future fiscal years.
        Sec. 118. <<NOTE: Rescission.>> 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. <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3214]]

    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. <<NOTE: Rescission.>> 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. <<NOTE: Grants.>> Notwithstanding any other provision of
    law, projects and activities described in the statement of managers
    accompanying this Act under the headings ``Federal-Aid Highways'' and
    ``Federal Transit Administration'' shall be eligible for fiscal year
    2005 funds made available for the project for which each project or
    activity is so designated and projects and activities under the heading
    ``Job Access and Reverse Commute Grants'' shall be awarded those grants
    upon receipt of an application: Provided, That the Federal share payable
    on account of any such projects and activities subject to this section
    shall be the same as the share required by the Federal program under
    which each project or activity is designated unless otherwise provided
    in this Act.

        Sec. 126. Notwithstanding any other provision of law, in addition to
    amounts provided in this or any other Act for fiscal year 2005,
    $34,000,000, to be derived from the Highway Trust Fund and to remain
    available until expended, shall be available for the replacement of the
    Belleair Causeway Bridge in Pinellas County, Florida.
        Sec. 127. Of the amounts made available for the Federal-Aid Highways
    Emergency Relief Program under division B of the Military Construction
    Appropriations and Emergency Hurricane Supplemental Appropriations Act,
    2005 (118 Stat. 1251), such sums as may be necessary shall be available
    for replacement of the I-10 bridge spanning Escambia Bay in Escambia and
    Santa Rosa Counties, Florida.
        Sec. 128. Section 14003 of Public Law 108-287, the Department of
    Defense Appropriations Act, 2005, <<NOTE: Ante, p. 1013.>> is amended by
    adding a new subsection (c) at the end as follows:

        ``(c) Upon a request by a State to the Secretary that the State has
    an insufficient amount or type of apportionment to effectively utilize
    the funds provided in paragraph (b), the Secretary shall waive the
    requirement for apportionment. Such funds shall be eligible for any
    activity defined in section 133(b) of title 23. Funds distributed to
    each State under this section shall not be subject to section 105 of
    title 23.''.

    [[Page 118 STAT. 3215]]

                   Federal Motor Carrier Safety Administration

                              motor carrier safety

                      limitation on administrative expenses

                     (liquidation of contract authorization)

                              (highway trust fund)

                          (including transfer of funds)

        Notwithstanding any other provision of law, none of the funds in
    this Act shall be available for expenses for administration of motor
    carrier safety programs and motor carrier safety research, and grants,
    the obligations for which are in excess of $257,547,000 for fiscal year
    2005: Provided, That $33,000,000 shall be available to make grants to,
    or enter into contracts with, States, local governments, or other
    persons for carrying out border commercial motor vehicle safety programs
    and enforcement activities and projects for the purposes described in 49
    U.S.C. 31104(f)(2)(B), and the Federal share payable under such grants
    shall be 100 percent; $20,000,000 shall be available to make grants to,
    or enter into contracts with, States, local governments, or other
    persons for commercial driver's licenses program improvements, and the
    Federal share payable under such grants shall be 100 percent;
    $13,200,000 shall be available to make grants to States for
    implementation of section 210 of the Motor Carrier Safety Improvement
    Act of 1999, and the Federal share payable under such grant shall be 100
    percent; and $7,400,000 shall be available to make grants to, or enter
    into contracts with, States, local governments, or other persons for the
    commercial vehicle analysis reporting system, and the Federal share
    payable under such grants shall be 100 percent: Provided further, That
    notwithstanding any other provision of law, for payment of obligations
    incurred to pay administrative expenses of and grants by the Federal
    Motor Carrier Safety Administration, $257,547,000, to be derived from
    the Highway Trust Fund, together with advances and reimbursements
    received by the Federal Motor Carrier Safety Administration, the sum of
    which shall remain available until expended.

                      national motor carrier safety program

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

        Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out 49 U.S.C. 31102, 31106, and 31309,
    $190,000,000 to be derived from the Highway Trust Fund and to remain
    available until expended: Provided, That none of the funds in this Act
    shall be available for the implementation or execution of programs the
    obligations for which are in excess of $190,000,000 for ``Motor Carrier
    Safety Grants'' and ``Information Systems,'' and of which $17,000,000
    shall be available for grants to States for implementation of section
    210 of the Motor Carrier Safety Improvement Act of 1999 (113 Stat. 1764-
    1765) and $1,000,000 shall be available for grants to States, local
    governments,

    [[Page 118 STAT. 3216]]

    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. <<NOTE: Reports.>> 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

    [[Page 118 STAT. 3217]]

    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

    [[Page 118 STAT. 3218]]

    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, <<NOTE: Reports.>> 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

    [[Page 118 STAT. 3219]]

    States Code, to make innovative project allocations, not to exceed the
    prior year's amounts for such allocations, before making incentive
    grants for use of seat belts.

                         Federal Railroad Administration

                              Safety and Operations

        For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $139,769,000, of which $15,350,000 shall remain
    available until expended.

                        Railroad Research and Development

        For necessary expenses for railroad research and development,
    $36,025,000, to remain available until expended.

                 railroad rehabilitation and improvement program

        The Secretary of Transportation is authorized to issue to the
    Secretary of the Treasury notes or other obligations pursuant to section
    512 of the Railroad Revitalization and Regulatory Reform Act of 1976
    (Public Law 94-210), as amended, in such amounts and at such times as
    may be necessary to pay any amounts required pursuant to the guarantee
    of the principal amount of obligations under sections 511 through 513 of
    such Act, such authority to exist as long as any such guaranteed
    obligation is outstanding: Provided, That pursuant to section 502 of
    such Act, as amended, no new direct loans or loan guarantee commitments
    shall be made using Federal funds for the credit risk premium during
    fiscal year 2005: Provided further, That the Secretary of Transportation
    and the National Railroad Passenger Corporation shall reach agreement on
    a schedule for the repayment of all principal and interest on their June
    28, 2002 direct loan agreement that provides for repayment in five equal
    annual installments over a 5-year period beginning in fiscal year 2005:
    Provided further, <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 3220]]

              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, <<NOTE: Deadline.>> 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, <<NOTE: Deadline. Reports.>> 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

    [[Page 118 STAT. 3221]]

    Railroad Passenger Corporation's fiscal year 2005 business plan:
    Provided further, <<NOTE: Public information.>> 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, <<NOTE: Deadline. 49 USC 24315 note.>> 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 <<NOTE: Reports. Deadlines.>> Amtrak route:
    Provided further, That once the Secretary has approved the methodology
    for determining the avoidable and fully allocated costs of each Amtrak
    route, Amtrak shall apply that methodology in compiling an annual report
    to Congress on the avoidable and fully allocated costs of each of its
    routes, with the initial report for fiscal year 2005 to be submitted to
    the House and Senate Committees on Appropriations, the House Committee
    on Transportation and Infrastructure, and the Senate Committee on
    Commerce, Science, and Transportation before December 31, 2005, and each
    subsequent report to be submitted within 90 days after the end of the
    fiscal year to which the report pertains.

               General Provisions--Federal Railroad Administration

        Sec. 150. <<NOTE: Procedures. 49 USC 24101 note.>> 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.

    [[Page 118 STAT. 3222]]

        Sec. 151. <<NOTE: 49 USC 103 note.>> 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, <<NOTE: Certification.>> 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) <<NOTE: 45 USC 1207.>> 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) <<NOTE: 45 USC 1203.>> 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. <<NOTE: Deadline. Reports.>> Not later than March 1, 2005,
    Amtrak shall submit to the House and Senate Committees on Appropriations
    a report detailing Amtrak's obligations pursuant to 49 U.S.C. 24306(a),
    describing all investments made to develop mail and express, year-to-
    year operating results generated by mail and express, a detailed
    description of the impact on employees related to termination of mail
    and express, a detailed description of the proposed liquidation of
    assets related to mail and express, and an accounting of all incurred
    and estimated costs resulting from such termination, including legal and
    accounting costs, any contingent obligations that may result, and any
    other related costs. Before submission, both the Amtrak Board of
    Directors and the Department of Transportation shall review this report.

    [[Page 118 STAT. 3223]]

                         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, <<NOTE: Reports.>> 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

    [[Page 118 STAT. 3224]]

    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:

    [[Page 118 STAT. 3225]]

    Provided, That no more than $3,338,825,000 of budget authority shall be
    available for these purposes: Provided further, That there shall be
    available for fixed guideway modernization, $1,214,400,000; there shall
    be available for the replacement, rehabilitation, and purchase of buses
    and related equipment and the construction of bus-related facilities,
    $675,000,000, which shall include $50,000,000 made available under
    5309(m)(3)(C) of this title, plus $50,000,000 transferred from ``Federal
    Transit Administration, Formula Grants''; and there shall be available
    for new fixed guideway systems $1,449,425,000, with $3,591,548 in
    unobligated balances made available in Public Law 106-346, and
    $22,554,144 in unobligated balances made available in Public Law 107-87,
    to be available as follows:
                Atlanta, Georgia/North Springs (North Line Extension),
            $265,410.
                Baltimore, Maryland, Central Light Rail Double Track,
            $29,010,000.
                Birmingham-Transit Corridor, Alabama, $1,000,000.
                Boston, Massachusetts, Silver Line III, $3,000,000.
                Capital Metro-Bus Rapid Transit, Texas, $1,000,000.
                CATRAIL RTC Rail Project, Nevada, $1,000,000.
                Charlotte, North Carolina, South Corridor Light Rail
            Project, $30,000,000.
                Chicago, Illinois, Douglas Branch Reconstruction,
            $85,000,000.
                Chicago, Illinois, Ravenswood Line Extension, $40,000,000.
                Cleveland, Ohio, Euclid Corridor Transportation Project,
            $25,000,000.
                Dallas, Texas NW/SE Extension, $8,500,000.
                Denver, Colorado, Southeast Corridor LRT, $80,000,000.
                Dulles Corridor Rapid Transit Project, Virginia,
            $25,000,000.
                Fort Lauderdale, Florida, South Florida Commuter Rail
            Upgrades, $11,409,506.
                Harrisburg, Pennsylvania, Corridor One Rail MOS, $2,000,000.
                Hawaii and Alaska Ferry Boats, $10,296,000.
                Houston Advanced Metro Transit Plan, Texas, $8,500,000.
                I-5/I-205/SR50, Transit Loop, Washington and Oregon,
            $1,500,000.
                Las Vegas, Nevada, Resort Corridor Fixed Guideway Project,
            $30,000,000.
                Little Rock River Rail, Arkansas, $3,500,000.
                Los Angeles, California/MOS3 Metro Rail (North Hollywood),
            $675,103.
                Los Angeles, California, Eastside Light Rail Transit
            Project, $60,000,000.
                Los Angeles, California, Gold Line Foothill Extension,
            $500,000.
                Metra Commuter Rail Expansions and Extensions, Illinois,
            $52,000,000.
                Minneapolis, Minnesota, Hiawatha Light Rail Project,
            $33,698,453.
                Minneapolis, Minnesota, Northstar Commuter Rail Project,
            $5,000,000.
                Nashville, Tennessee, East Corridor Commuter Rail,
            $2,000,000.

    [[Page 118 STAT. 3226]]

                New Jersey Trans-Hudson Midtown Corridor, $1,200,000.
                New Orleans, Louisiana, Canal Street Corridor Project,
            $16,747,023.
                New York, New York Long Island Rail Road East Side Access,
            $100,000,000.
                Norfolk, Virginia, Light Rail Transit Project, $2,000,000.
                Northern New Jersey Hudson-Bergen Light Rail MOS2,
            $100,000,000.
                Northern New Jersey Newark Rail Link MOS 1, $319,463.
                Northern New Jersey Newark-Elizabeth Rail Line MOS1,
            $1,365,876.
                Philadelphia, Pennsylvania, Schuylkill Valley MetroRail,
            $10,000,000.
                Phoenix, Arizona, Central Phoenix/East Valley Light Rail,
            $75,000,000.
                Pittsburgh, Pennsylvania, North Shore Light Rail Connector,
            $55,000,000.
                Pittsburgh, Pennsylvania, Stage II Light Rail, $1,140,792.
                Portland, Oregon, Interstate Max Light Rail Extension,
            $23,480,000.
                Raleigh, North Carolina, Triangle Transit Authority Regional
            Rail Project, $20,000,000.
                Rhode Island Integrated Commuter Rail Project, $6,000,000.
                Regional Commuter Rail (Weber County to Salt Lake City),
            Utah, $8,000,000.
                Salt Lake City, Utah/CBD to University LRT, $1,147,398.
                Salt Lake City, Utah/Medical Center Extension, $8,836,110.
                San Diego, California, Mid-Coast Light Rail Extension,
            $1,000,000.
                San Diego, California, Mission Valley East Light Rail
            Extension, $81,640,000.
                San Diego, California, Oceanside-Escondido Rail Corridor,
            $55,000,000.
                San Francisco, California, BART Extension to San Fran
            International Airport, $100,000,000.
                San Francisco, California, Muni Third Street Light Rail
            Project, $10,000,000.
                San Juan, Puerto Rico, Tren Urbano Rapid Transit System,
            $44,620,000.
                Santa Clara County, California, Silicon Valley Rapid Transit
            Corridor Project, $2,500,000.
                Seattle, Washington, Central Link Initial Segment,
            $80,000,000.
                Sound Transit Sounder Commuter Rail, Lakewood to Nisqually,
            Washington, $4,000,000.
                South Shore Commuter Rail, Indiana, $2,500,000.
                St. Louis, Missouri/Metrolink St. Clair Extension, $60,436.
                Stamford, Connecticut Urban Transitway, Phase 2, $3,000,000.
                Washington County, Oregon, Wilsonville to Beaverton Commuter
            Rail Project, $9,000,000.
                Washington, DC/Largo Extension, Maryland, $76,770,615.

                      Job Access and Reverse Commute Grants

        For necessary expenses to carry out section 3037 of the Federal
    Transit Act of 1998, $15,625,000, to remain available until

    [[Page 118 STAT. 3227]]

    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. <<NOTE: 49 USC 5338 note.>> 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

    [[Page 118 STAT. 3228]]

    may be used during this fiscal year to satisfy expenses incurred for
    such projects.
        Sec. 167. <<NOTE: 49 USC 5307 note.>> 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). <<NOTE: Notification. Deadline.>> 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, <<NOTE: Deadline. Reports.>> That not later than 30 days after
    delivery of the base order under each of the five pilot projects, the
    Secretary shall submit to the House and Senate Committees on
    Appropriations a report on the results of that pilot project. Each
    report shall evaluate any savings realized through the cooperative
    procurement and the benefits of incorporating cooperative procurement,
    as shown by that project, into the mass transit program as a whole.

        Sec. 168. Amounts made available under chapter 53 of title 49,
    United States Code, and section 1108 of Public Law 102-240 to the Port
    Authority of Allegheny County for the Airport Busway/Wabash HOV Facility
    project that remain unexpended may be used by the Port Authority for the
    purchase of buses and bus-related equipment in accordance with 49 U.S.C.
    5309.
        Sec. 169. Notwithstanding any other provision of law, any
    unobligated funds made available under the bus category of the Capital
    Investment Account in prior fiscal year Appropriations Act for the
    Greater New Haven Transit District Fuel Cell and Electric Bus project or
    CNG/alternative fuel vehicle project shall be transferred to and
    administered under the Transit Planning and Research account, subject to
    such terms and conditions as the Secretary deems appropriate.
        Sec. 170. Notwithstanding any other provision of law, any
    unobligated funds made available to the Matanuska Susitna Borough under
    ``Federal Transit Administration, Buses and Bus Facilities'' shall be
    available for expenditure on ferry boat and ferry facilities and related
    expenses as part of the Port MacKenzie Intermodal Facility project.
        Sec. 171. Notwithstanding any other provision of law, $8,900,000 of
    the funds made available under the new fixed guideway systems category
    of the Capital Investment Grants account in Public Law 107-87 for the
    ``Honolulu, Hawaii, bus rapid transit project'' shall be made available
    to the city and county of Honolulu for replacement, rehabilitation, and
    purchase of buses and related equipment and the construction of bus-
    related facilities under 49 U.S.C. 5309 and shall remain available to
    the city and county of Honolulu for those purposes until expended:
    Provided, That any remaining unobligated balance from said project in
    Public Law 107-87 shall be transferred for any eligible activity under
    title 23, United States Code, and administered under that title, for use
    on improvements to the Kapolei Interchange Complex and shall remain
    available until expended: Provided further, That funds

    [[Page 118 STAT. 3229]]

    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. <<NOTE: Compliance.>> The Federal Transit Administration
    is directed to comply with section 3042 of the Federal Transit Act of
    1998 (Public Law 105-178, as amended; 112 Stat. 338) and is further
    directed to comply with the associated Committee report language
    contained in House Report 108-401, accompanying H.R. 2673, pages 997-
    998.

        Sec. 174. Hereafter, notwithstanding any other provision of law, for
    the purpose of calculating the non-New Starts share of the total project
    cost of both phases of San Francisco Muni's Third Street Light Rail
    Transit project, the Secretary of Transportation shall include all non-
    New Starts contributions made towards Phase 1 of the two-phase project
    for engineering, final design and construction, and also shall allow
    non-New Starts funds expended on one element or phase of the project to
    be used to meet the non-New Starts share requirement of any element or
    phase of the project: Provided further, That none of the funds provided
    in this Act for the San Francisco Muni Third Street Light Rail Transit
    Project shall be obligated if the Federal Transit Administration
    determines that the project is found to be ``not recommended'' after
    evaluation and computation of revised transportation system user benefit
    data.
        Sec. 175. Funds made available for the Burlington-Bennington,
    Vermont Commuter Rail project in Public Law 106-346, the Burlington-
    Middlebury, Vermont Commuter Rail project and Vermont Transportation
    Authority Rolling Stock in Public Law 108-7 that remain unobligated, and
    funds made available for the Burlington-Essex, Vermont commuter rail
    project in Public Laws 105-277 and 105-66 that remain unexpended shall
    be transferred to the Federal Railroad Administration and made available
    to upgrade and improve the publicly-owned Vermont Rail Infrastructure
    from Bennington to Burlington with a northern terminus in Essex
    Junction: Provided, That the Federal share shall be 80 percent of the
    total cost of the project and funds shall remain available until
    expended.
        Sec. 176. Notwithstanding any other provision of law, any
    unobligated funds designated to the Oklahoma Transit Association on
    pages 1305 through 1307 of the Joint Explanatory Statement of the
    Committee of Conference for Public Law 108-7 may be made available to
    the Metropolitan Tulsa Transit Authority and the Central Oklahoma
    Transportation and Parking Authority for any project or activity
    authorized under section 3037 of Public Law 105-178 upon receipt of an
    application.
        Sec. 177. Notwithstanding 49 U.S.C. 5336, any funds remaining
    available under Federal Transit Administration grant numbers NY-03-345-
    00, NY-03-0325-00, NY-03-0405, NY-90-X398-00, NY-90-X373-00, NY-90-X418-
    00, NY-90-X465-00 together with an amount not to exceed $19,200,000 in
    urbanized area formula funds that were allocated by the New York
    Metropolitan Transportation Council to the New York City Department of
    Transportation as a designated recipient under 49 U.S.C. 5307 may be
    made available to the New York Metropolitan Transportation Authority for
    eligible

    [[Page 118 STAT. 3230]]

    capital projects authorized under 49 U.S.C. 5307 and 5309 subject to the
    agreements, obligations, and responsibilities as set forth in the
    contracts of assistance applicable to these grants.
        Sec. 178. Hereafter, fixed guideway extensions and new segments
    included in Metropolitan Transit Authority of Harris County, Texas,
    resolutions 2003-77 and 2003-93, and approved by the voters on November
    4, 2003, shall be considered as the preferred alternatives for purposes
    of 49 U.S.C. 5390(e)(1)(A), 23 CFR 771.123, and 49 CFR 611.7.
        Sec. 179. Of the funds made available under the heading ``Federal
    Transit Administration--Discretionary Grants'' in Public Laws 102-388
    and 103-122 for the Hawthorne-Warwick Commuter Rail Project, $4,000,000
    shall be available for the Scranton, Pennsylvania, NY City Rail Service
    Fixed Guideway Project to be carried out in accordance with 49 U.S.C.
    5309, $1,100,000 shall be made available to study the feasibility of
    utilizing diesel multiple unit rolling stock on MOS-3 of the Hudson
    Bergen Light Rail Transit System to be carried out in accordance with 49
    U.S.C. 5309, and $6,000,000 shall be transferred to the Federal Railroad
    Administration and made available for the New York and Susquehanna and
    Western Rail Road Diesel Multiple Unit Compliance and Demonstration
    Project to be carried out under terms and conditions as determined by
    the Secretary: Provided, That the Federal share shall be 80 percent of
    the net project cost of that demonstration project and funds for that
    project shall remain available until expended.

                  Saint Lawrence Seaway Development Corporation

        The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to fiscal
    year limitations as provided by section 104 of the Government
    Corporation Control Act, as amended, as may be necessary in carrying out
    the programs set forth in the Corporation's budget for the current
    fiscal year.

                           Operations and Maintenance

                         (harbor maintenance trust fund)

        For necessary expenses for operations and maintenance of those
    portions of the Saint Lawrence Seaway operated and maintained by the
    Saint Lawrence Seaway Development Corporation, $15,900,000, to be
    derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
    99-662: Provided, That, of this amount, $1,500,000 shall be for the
    concrete replacement project and related expenses at the Eisenhower and
    Snell Locks.

                             Maritime Administration

                            Maritime Security Program

        For necessary expenses to maintain and preserve a U.S.-flag merchant
    fleet to serve the national security needs of the United States,
    $98,700,000, to remain available until expended.

    [[Page 118 STAT. 3231]]

                             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.

    [[Page 118 STAT. 3232]]

        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.

    [[Page 118 STAT. 3233]]

                           Office of Inspector General

                              Salaries and Expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $59,000,000: Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3) to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department: Provided further, That the funds made available under
    this heading shall be used to investigate, pursuant to section 41712 of
    title 49, United States Code: (1) unfair or deceptive practices and
    unfair methods of competition by domestic and foreign air carriers and
    ticket agents; and (2) the compliance of domestic and foreign air
    carriers with respect to item (1) of this proviso.

                          Surface Transportation Board

                              Salaries and Expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $21,250,000: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,050,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2005, to
    result in a final appropriation from the general fund estimated at no
    more than $20,200,000.

                General Provisions--Department of Transportation

                         (including transfers of funds)

        Sec. 185. During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
        Sec. 186. Appropriations contained in this Act for the Department of
    Transportation shall be available for services as authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for an Executive Level IV.
        Sec. 187. None of the funds in this Act shall be available for
    salaries and expenses of more than 106 political and Presidential
    appointees in the Department of Transportation: Provided, That none of
    the personnel covered by this provision may be assigned on temporary
    detail outside the Department of Transportation.
        Sec. 188. None of the funds in this Act shall be used to implement
    section 404 of title 23, United States Code.
        Sec. 189. (a) No recipient of funds made available in this Act shall
    disseminate personal information (as defined in 18 U.S.C.

    [[Page 118 STAT. 3234]]

    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

    [[Page 118 STAT. 3235]]

                    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

    [[Page 118 STAT. 3236]]

    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

    [[Page 118 STAT. 3237]]

    or supplement ``Internal Revenue Service, Information Systems'' or
    ``Internal Revenue Service, Business Systems Modernization''.

                           Office of Inspector General

                              salaries and expenses

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, not to exceed $2,000,000 for official travel expenses,
    including hire of passenger motor vehicles; and not to exceed $100,000
    for unforeseen emergencies of a confidential nature, to be allocated and
    expended under the direction of the Inspector General of the Treasury,
    $16,500,000, of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

                Treasury Inspector General for Tax Administration

                              salaries and expenses

        For necessary expenses of the Treasury Inspector General for Tax
    Administration in carrying out the Inspector General Act of 1978, as
    amended, including purchase (not to exceed 150 for replacement only for
    police-type use) and hire of passenger motor vehicles (31 U.S.C.
    1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Inspector General for Tax Administration; not to
    exceed $6,000,000 for official travel expenses; and not to exceed
    $500,000 for unforeseen emergencies of a confidential nature, to be
    allocated and expended under the direction of the Inspector General for
    Tax Administration, $129,126,000; and of which not to exceed $1,500
    shall be available for official reception and representation expenses.

                Air Transportation Stabilization Program Account

        For necessary expenses to administer the Air Transportation
    Stabilization Board established by section 102 of the Air Transportation
    Safety and System Stabilization Act (Public Law 107-42), $2,000,000, to
    remain available until expended.

               Treasury Building and Annex Repair and Restoration

        For the repair, alteration, and improvement of the Treasury Building
    and Annex, $12,316,000, to remain available until September 30, 2007.

                      Expanded Access to Financial Services

                                  (Rescission)

        Of the unobligated balances available under this heading, $4,000,000
    are rescinded.

                         Violent Crime Reduction Program

                                  (Rescission)

        Of the unobligated balances available under this heading, $1,200,000
    are rescinded.

    [[Page 118 STAT. 3238]]

                      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.

    [[Page 118 STAT. 3239]]

                            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

    [[Page 118 STAT. 3240]]

    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. <<NOTE: 26 USC 7804 note.>> 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. <<NOTE: 26 USC 6103 note.>> The Internal Revenue Service
    shall institute and enforce policies and procedures that will safeguard
    the confidentiality of taxpayer information.

    [[Page 118 STAT. 3241]]

        Sec. 204. Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased manpower to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make the
    improvement of the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to increase phone lines and
    staff to improve the Internal Revenue Service 1-800 help line service.

                 General Provisions--Department of the Treasury

        Sec. 210. Appropriations to the Department of the Treasury in this
    Act shall be available for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning; purchase of insurance for official motor vehicles operated in
    foreign countries; purchase of motor vehicles without regard to the
    general purchase price limitations for vehicles purchased and used
    overseas for the current fiscal year; entering into contracts with the
    Department of State for the furnishing of health and medical services to
    employees and their dependents serving in foreign countries; and
    services authorized by 5 U.S.C. 3109.
        Sec. 211. Not to exceed 2 percent of any appropriations in this Act
    made available to the Departmental Offices--Salaries and Expenses,
    Office of Inspector General, Financial Management Service, Alcohol and
    Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
    Bureau of the Public Debt, may be transferred between such
    appropriations upon the advance approval of the Committees on
    Appropriations: Provided, That no transfer may increase or decrease any
    such appropriation by more than 2 percent.
        Sec. 212. Not to exceed 2 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be transferred
    to the Treasury Inspector General for Tax Administration's appropriation
    upon the advance approval of the Committees on Appropriations: Provided,
    That no transfer may increase or decrease any such appropriation by more
    than 2 percent.
        Sec. 213. Of the funds available for the purchase of law enforcement
    vehicles, no funds may be obligated until the Secretary of the Treasury
    certifies that the purchase by the respective Treasury bureau is
    consistent with Departmental vehicle management principles: Provided,
    That the Secretary may delegate this authority to the Assistant
    Secretary for Management.
        Sec. 214. None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
        Sec. 215. The Secretary of the Treasury may transfer funds from
    ``Financial management service, salaries and expenses'' to ``Debt
    services'' as necessary to cover the costs of debt collection: Provided,
    That such amounts shall be reimbursed to such salaries and expenses
    account from debt collections received in the Debt Services Account.
        Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
    note), is further amended by striking ``6 years'' and inserting ``7
    years''.

    [[Page 118 STAT. 3242]]

        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), <<NOTE: 31 USC 501
    note.>> 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) <<NOTE: 31 USC 3343 note.>> 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. <<NOTE: Deadline. Reports.>> Not later than 60 days after
    enactment of this Act, the Secretary of the Treasury shall submit to the
    Committees on Appropriations a report describing how statutory
    provisions addressing currency manipulation by America's trading
    partners contained in, and relating to, title 22 U.S.C. 5304, 5305, and
    286y can be better clarified administratively to provide for improved
    and more predictable evaluation, and to enable the problem of currency
    manipulation to be better understood by the American people and the
    Congress.

        Sec. 222. Terrorism and Financial Intelligence. (a) In General.--
    Subchapter I of chapter 3 of title 31, United States Code, is amended by
    adding at the end the following:

    [[Page 118 STAT. 3243]]

    ``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 <<NOTE: Establishment.>> 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.

    [[Page 118 STAT. 3244]]

                ``(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 <<NOTE: Establishment.>> is established within
                    FinCEN, an Office of Compliance.

        ``(b) Office of Intelligence and Analysis.--
                ``(1) Assistant secretary for intelligence and analysis.--
            The Assistant Secretary for Intelligence and Analysis shall head
            the OIA.
                ``(2) Responsibilities.--The OIA shall be responsible for
            the receipt, analysis, collation, and dissemination of
            intelligence and counterintelligence information related to the
            operations and responsibilities of the entire Department of the
            Treasury, including all components and bureaus of the
            Department.
                ``(3) Primary functions.--The primary functions of the OIA
            are--
                        ``(A) to build a robust analytical capability on
                    terrorist finance by coordinating and overseeing work
                    involving intelligence analysts in all components of the
                    Department of the Treasury, focusing on the highest
                    priorities of the Department, as well as ensuring that
                    the existing intelligence needs of the OFAC and FinCEN
                    are met; and
                        ``(B) to provide intelligence support to senior
                    officials of the Department on a wide range of
                    international economic and other relevant issues.
                ``(4) Other functions and duties.--The OIA shall--
                        ``(A) carry out the intelligence support functions
                    that are assigned, to the Office of Intelligence Support
                    under section 311 (pursuant to section 105 of the
                    Intelligence Authorization Act for Fiscal Year 2004);
                        ``(B) serve in a liaison capacity with the
                    intelligence community; and

    [[Page 118 STAT. 3245]]

                        ``(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 <<NOTE: 31 USC 301
            note.>> 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

    [[Page 118 STAT. 3246]]

            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, <<NOTE: 3 USC 102 note.>> 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

    [[Page 118 STAT. 3247]]

    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 <<NOTE: Notice. Deadline.>> 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, <<NOTE: Deadline.>> 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 <<NOTE: Deadline. Reports.>> 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, <<NOTE: Procedures.>> 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.

    [[Page 118 STAT. 3248]]

                          Office of Policy Development

                              salaries and expenses

        For necessary expenses of the Office of Policy Development,
    including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
    $2,300,000.

                            National Security Council

                              salaries and expenses

        For necessary expenses of the National Security Council, including
    services as authorized by 5 U.S.C. 3109, $8,932,000.

                            Office of Administration

                              salaries and expenses

        For necessary expenses of the Office of Administration, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
    passenger motor vehicles, $92,269,000, of which $12,075,000 shall remain
    available until expended for the Capital Investment Plan for continued
    modernization of the information technology infrastructure within the
    Executive Office of the President: Provided, That $4,000,000 of Capital
    Investment Plan funds may not be obligated until the Executive Office of
    the President has submitted a report to the Committees on Appropriations
    that includes an Enterprise Architecture, as defined in OMB Circular A-
    130 and the Federal Chief Information Officers Council guidance, that is
    reviewed and approved by the Office of Management and Budget, reviewed
    by the United States Government Accountability Office, and approved by
    the Committees on Appropriations.

                         Office of Management and Budget

                              Salaries and Expenses

        For necessary expenses of the Office of Management and Budget,
    including hire of passenger motor vehicles and services as authorized by
    5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44,
    United States Code, $68,411,000, of which not to exceed $1,500 shall be
    available for official representation expenses: Provided, That, as
    provided in 31 U.S.C. 1301(a), appropriations shall be applied only to
    the objects for which appropriations were made except as otherwise
    provided by law: Provided further, That none of the funds appropriated
    in this Act for the Office of Management and Budget may be used for the
    purpose of reviewing any agricultural marketing orders or any activities
    or regulations under the provisions of the Agricultural Marketing
    Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That
    none of the funds made available for the Office of Management and Budget
    by this Act may be expended for the altering of the transcript of actual
    testimony of witnesses, except for testimony of officials of the Office
    of Management and Budget, before the Committees on Appropriations or
    their subcommittees: Provided further, That the preceding shall not
    apply to printed hearings released by the Committees on Appropriations:
    Provided further, That none of the funds appropriated in this Act may be
    available

    [[Page 118 STAT. 3249]]

    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, <<NOTE: Deadline.>> 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. <<NOTE: Notification. Deadline.>> 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, <<NOTE: 21 USC 1702 note.>> 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.

    [[Page 118 STAT. 3250]]

                          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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3251]]

    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.

    [[Page 118 STAT. 3252]]

                         Election Assistance Commission

                              Salaries and Expenses

                          (including transfer of funds)

        For necessary expenses to carry out the Help America Vote Act of
    2002, $14,000,000, of which $2,800,000 shall be transferred to the
    National Institute of Standards and Technology for election reform
    activities authorized under the Help America Vote Act of 2002.

                           Federal Election Commission

                              Salaries and Expenses

        For necessary expenses to carry out the provisions of the Federal
    Election Campaign Act of 1971, as amended, $52,159,000, of which no less
    than $4,700,000 shall be available for internal automated data
    processing systems, and of which not to exceed $5,000 shall be available
    for reception and representation expenses.

                        Federal Labor Relations Authority

                              Salaries and Expenses

        For necessary expenses to carry out functions of the Federal Labor
    Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
    and the Civil Service Reform Act of 1978, including services authorized
    by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
    passenger motor vehicles, and rental of conference rooms in the District
    of Columbia and elsewhere, $25,673,000: Provided, That public members of
    the Federal Service Impasses Panel may be paid travel expenses and per
    diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
    persons employed intermittently in the Government service, and
    compensation as authorized by 5 U.S.C. 3109: Provided further, That
    notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
    Federal participants at labor-management relations conferences shall be
    credited to and merged with this account, to be available without
    further appropriation for the costs of carrying out these conferences.

                                  (Rescission)

        Of the unobligated balances under this heading from prior year
    appropriations, $3,000,000 are rescinded.

                           Federal Maritime Commission

                              Salaries and Expenses

        For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936, as
    amended (46 U.S.C. App. 1111), including services as authorized by 5
    U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
    1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
    5901-5902, $19,496,000: Provided, That not to exceed $2,000 shall be
    available for official reception and representation expenses.

    [[Page 118 STAT. 3253]]

                         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:

    [[Page 118 STAT. 3254]]

                        Las Cruces, United States Courthouse, $60,000,000.
                New York:
                        Alexandria Bay, Border Station, $8,884,000.
                        Massena, Border Station, $15,000,000.
                North Dakota:
                        Dunseith, Border Station, $2,301,000.
                        Portal, Border Station, $22,351,000.
                Texas:
                        El Paso, Paso Del Norte Border Station, $26,191,000.
                        El Paso, United States Courthouse, $63,462,000.
                        El Paso, Ysleta Border Station, $2,491,000.
                Vermont:
                        Derby Line, Border Station, $3,190,000.
                        Norton, Border Station, $580,000.
                        Richford, Border Station, $589,000.
                Nonprospectus Construction, $10,000,000.
                Judgment Fund repayment, $10,000,000:

    Provided, That each of the foregoing limits of costs on new construction
    projects may be exceeded to the extent that savings are effected in
    other such projects, but not to exceed 10 percent of the amounts
    included in an approved prospectus, if required, unless advance approval
    is obtained from the Committees on Appropriations of a greater amount:
    Provided further, <<NOTE: Expiration date.>> 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:

    [[Page 118 STAT. 3255]]

                        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 <<NOTE: Expiration date.>> 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,

    [[Page 118 STAT. 3256]]

    That funds available in the Federal Buildings Fund may be expended for
    emergency repairs when advance approval is obtained from the Committees
    on Appropriations: Provided further, That notwithstanding any other
    provision of law, the Administrator of General Services is authorized
    and directed to proceed with site acquisition, design, and subject to
    availability of funds, construction and management and inspection, of a
    new Federal Building in Tuscaloosa, Alabama for which funds for site
    acquisition and design were provided in Public Law 108-199: Provided
    further, That amounts necessary to provide reimbursable special services
    to other agencies under section 210(f)(6) of the Federal Property and
    Administrative Services Act of 1949, as amended (40 U.S.C. 592(b)(2))
    and amounts to provide such reimbursable fencing, lighting, guard
    booths, and other facilities on private or other property not in
    Government ownership or control as may be appropriate to enable the
    United States Secret Service to perform its protective functions
    pursuant to 18 U.S.C. 3056, shall be available from such revenues and
    collections: Provided further, That revenues and collections and any
    other sums accruing to this Fund during fiscal year 2005, excluding
    reimbursements under section 210(f)(6) of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess of
    the aggregate new obligational authority authorized for Real Property
    Activities of the Federal Buildings Fund in this Act shall remain in the
    Fund and shall not be available for expenditure except as authorized in
    appropriations Acts.

                               General Activities

                             Government-wide Policy

        For expenses authorized by law, not otherwise provided for, for
    Government-wide policy and evaluation activities associated with the
    management of real and personal property assets and certain
    administrative services; Government-wide policy support responsibilities
    relating to acquisition, telecommunications, information technology
    management, and related technology activities; and services as
    authorized by 5 U.S.C. 3109, $62,100,000.

                               Operating Expenses

        For expenses authorized by law, not otherwise provided for, for
    Government-wide activities associated with utilization and donation of
    surplus personal property; disposal of real property; providing Internet
    access to Federal information and services; agency-wide policy direction
    and management, and Board of Contract Appeals; accounting, records
    management, and other support services incident to adjudication of
    Indian Tribal Claims by the United States Court of Federal Claims;
    services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
    official reception and representation expenses, $92,175,000.

                           office of inspector general

        For necessary expenses of the Office of Inspector General and
    services authorized by 5 U.S.C. 3109, $42,351,000: Provided, That not to
    exceed $15,000 shall be available for payment for information and
    detection of fraud against the Government, including payment for
    recovery of stolen Government property: Provided further, That

    [[Page 118 STAT. 3257]]

    not to exceed $2,500 shall be available for awards to employees of other
    Federal agencies and private citizens in recognition of efforts and
    initiatives resulting in enhanced Office of Inspector General
    effectiveness.

                           Electronic Government Fund

                          (including transfer of funds)

        For necessary expenses in support of interagency projects that
    enable the Federal Government to expand its ability to conduct
    activities electronically, through the development and implementation of
    innovative uses of the Internet and other electronic methods,
    $3,000,000, to remain available until expended: Provided, That these
    funds may be transferred to Federal agencies to carry out the purposes
    of the Fund: Provided further, That this transfer authority shall be in
    addition to any other transfer authority provided in this Act: Provided
    further, That such transfers may not be made until 10 days after a
    proposed spending plan and justification for each project to be
    undertaken has been submitted to the Committees on Appropriations.

                Allowances and Office Staff for Former Presidents

                          (including transfer of funds)

        For carrying out the provisions of the Act of August 25, 1958, as
    amended (3 U.S.C. 102 note), and Public Law 95-138, $3,106,000:
    Provided, That the Administrator of General Services shall transfer to
    the Secretary of the Treasury such sums as may be necessary to carry out
    the provisions of such Acts.

               General Provisions--General Services Administration

                         (including recission of funds)

        Sec. 401. The appropriate appropriation or fund available to the
    General Services Administration shall be credited with the cost of
    operation, protection, maintenance, upkeep, repair, and improvement,
    included as part of rentals received from Government corporations
    pursuant to law (40 U.S.C. 129).
        Sec. 402. Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 403. Funds in the Federal Buildings Fund made available for
    fiscal year 2005 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to meet
    program requirements: Provided, That any proposed transfers shall be
    approved in advance by the Committees on Appropriations.
        Sec. 404. No funds made available by this Act shall be used to
    transmit a fiscal year 2006 request for United States Courthouse
    construction that: (1) does not meet the design guide standards for
    construction as established and approved by the General Services
    Administration, the Judicial Conference of the United States, and the
    Office of Management and Budget; and (2) does not reflect the priorities
    of the Judicial Conference of the United States as set out in its
    approved 5-year construction plan: Provided, That the fiscal year 2006
    request must be accompanied by a standardized

    [[Page 118 STAT. 3258]]

    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, <<NOTE: Notification. Deadline.>> 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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3259]]

    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 <<NOTE: Deadline.>> later than 10 days after
    the conveyance described in subsection (a), the Administrator of General
    Services shall convey, without consideration by quitclaim deed and
    without recourse, the land described in subsection (d), including any
    improvements thereon, to the Recreation and Park Commission for the
    Parish of East Baton Rouge, Louisiana, for use as a downtown park or for
    other public purposes.

        (d) Description of Property.--The land referred to in subsections
    (a) and (c) is the property formerly used as the Main Postal Office
    Carrier Annex in Baton Rouge, Louisiana and located at 750 Florida
    Street. This land is situated north of Convention Street, south of
    Florida Street and west of 7th Street. This land comprises approximately
    27,500 square feet and is improved by a one-story building.
        Sec. 412. Notwithstanding any other provision of law, the
    Administrator of General Services may convey, by sale, lease, exchange
    or otherwise, including through leaseback arrangements, real and related
    personal property, or interests therein, and retain the net proceeds of
    such dispositions in an account within the Federal Buildings Fund to be
    used for the General Services Administration's real property capital
    needs: Provided, That all net proceeds realized under this section shall
    only be expended as authorized in annual appropriations Acts: Provided
    further, That for the purposes of this section, the term ``net
    proceeds'' means the rental and other sums received less the costs of
    the disposition, and the term ``real property capital needs'' means any
    expenses necessary and incident to the agency's real property capital
    acquisitions, improvements, and dispositions.
        Sec. 413. Land Conveyance, Nahant, Massachusetts. (a) Conveyance
    Authorized.--Notwithstanding any other provision of law, the
    Administrator of General Services may sell all right, title, and
    interest of the United States in and to a parcel of real property,
    including improvements thereon, that is located at Castle Road, Gardner
    Road and Goddard Drive in Nahant, Massachusetts to the Town of Nahant.
    In the event a binding sales contract is not executed within 30 days of
    enactment the Administrator shall commence with a public, competitive
    sale of the property.
        (b) Consideration.--As consideration for conveyance under subsection
    (a), the Town of Nahant shall pay, in a single lump sum payment,
    $2,000,000.
        (c) Deposit of Funds.--Notwithstanding any other provision of law,
    the Administrator may deposit the net proceeds in the Real Property
    Relocation account of the General Services Administration. In the event
    proceeds exceed $2,000,000, the net amount in excess of $2,000,000 shall
    be deposited in the United States Coast Guard Housing Fund established
    under 14 U.S.C. 687.
        (d) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed under subsection

    [[Page 118 STAT. 3260]]

    (a) shall be determined by a survey satisfactory to the Administrator.
    The cost of the survey shall be borne by the purchaser.
        (e) Additional Terms and Conditions.--The Administrator may require
    such additional terms and conditions in connection with the conveyance
    under subsection (a) as the Administrator considers appropriate to
    protect the interests of the United States.
        Sec. 414. <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3261]]

    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.

    [[Page 118 STAT. 3262]]

                                  (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

    [[Page 118 STAT. 3263]]

    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, <<NOTE: 33 USC 776.>> 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

    [[Page 118 STAT. 3264]]

    in the District of Columbia and elsewhere, and hire of passenger motor
    vehicles; $15,449,000.

                          United States Postal Service

                       Payment to the Postal Service Fund

        For payment to the Postal Service Fund for revenue forgone on free
    and reduced rate mail, pursuant to subsections (c) and (d) of section
    2401 of title 39, United States Code, $90,709,000, of which $61,709,000
    shall not be available for obligation until October 1, 2005: Provided,
    That mail for overseas voting and mail for the blind shall continue to
    be <<NOTE: 39 USC 403 note.>> 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 <<NOTE: 26 USC 7443 note.>> expenses of the judges shall be paid
    upon the written certificate of the judge.

    [[Page 118 STAT. 3265]]

                                     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).

    [[Page 118 STAT. 3266]]

        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, <<NOTE: Deadline. Reports.>> 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

    [[Page 118 STAT. 3267]]

                (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. <<NOTE: Abortion.>> 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. <<NOTE: 25 USC 450 note.>> Public Law 108-199 is amended
    in division H, section 161, by inserting ``and all Federal agencies''
    after ``Office of Management and Budget''.

        Sec. 519. None of the funds made available in the Act may be used to
    finalize, implement, administer, or enforce--
                (1) the proposed rule relating to the determination that
            real estate brokerage is an activity that is financial in nature
            or incidental to a financial activity published in the Federal
            Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
                (2) the revision proposed in such rule to section 1501.2 of
            title 12 of the Code of Federal Regulations.

        Sec. 520. Treatment of the Tennessee Valley Authority. The
    Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended--
                (1) in section 3(a)(42)(B) (15 U.S.C. 78c(a)(42)(B)), by
            inserting ``by the Tennessee Valley Authority or'' after
            ``issued or guaranteed''; and
                (2) by adding at the end the following new section:

    ``SEC. 37. <<NOTE: 15 USC 78nn.>> TENNESSEE VALLEY AUTHORITY.

        ``(a) In General.--Commencing <<NOTE: Reports. Deadline.>> 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

    [[Page 118 STAT. 3268]]

    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. <<NOTE: 5 USC 552a note.>> (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) <<NOTE: Reports. Deadline.>> 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

    [[Page 118 STAT. 3269]]

            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 <<NOTE: Reports.>> 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 <<NOTE: Deadlines.>> 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;

    [[Page 118 STAT. 3270]]

                        (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 <<NOTE: Contracts.>> Inspector General of each agency shall
            contract with an independent, third party that is a recognized
            leader in privacy consulting, privacy technology, data
            collection and data use management, and global privacy issues,
            to--
                        (A) evaluate the agency's use of information in
                    identifiable form;
                        (B) evaluate the privacy and data protection
                    procedures of the agency; and
                        (C) recommend strategies and specific steps to
                    improve privacy and data protection management.
                (4) Content.--Each review under this subsection shall
            include--
                        (A) a review of the agency's technology, practices
                    and procedures with regard to the collection, use,
                    sharing, disclosure, transfer and storage of information
                    in identifiable form;
                        (B) a review of the agency's stated privacy and data
                    protection procedures with regard to the collection,
                    use, sharing, disclosure, transfer, and security of
                    personal information in identifiable form relating to
                    agency employees and the public;
                        (C) a detailed analysis of agency intranet, network
                    and Websites for privacy vulnerabilities, including--
                              (i) noncompliance with stated practices,
                          procedures and policies; and
                              (ii) risks for inadvertent release of
                          information in an identifiable form from the
                          website of the agency; and
                        (D) a review of agency compliance with this Act.

        (e) Report.--
                (1) In general.--Upon completion of a review, the Inspector
            General of an agency shall submit to the head of that agency a
            detailed report on the review, including recommendations for
            improvements or enhancements to management of information in
            identifiable form, and the privacy and data protection
            procedures of the agency.
                (2) Internet availability.--Each <<NOTE: Public
            information.>> 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.

    [[Page 118 STAT. 3271]]

        Sec. 524. None of the funds made available in this Act may be used
    by the Council of Economic Advisers to produce an Economic Report of the
    President regarding the inclusion of employment at a retail fast food
    restaurant as part of the definition of manufacturing employment.
        Sec. 525. Section 302(e)(3)(B) of the Federal Election Campaign Act
    of 1971 (2 U.S.C. 432(e)(3)(B)) is amended by striking ``$1,000'' and
    inserting in its place ``$2,000''.
        Sec. 526. The Former Presidents Act, 3 U.S.C. 102, note, is amended
    to add the following at the end of section 1(b): ``Amounts provided for
    `Allowances and Office Staff for Former Presidents' may be used to pay
    fees of an independent contractor who is not a member of the staff of
    the office of a former President for the review of Presidential records
    of a former President in connection with the transfer of such records to
    the National Archives and Records Administration or a Presidential
    Library without regard to the limitation on staff compensation set forth
    herein.''.
        Sec. 527. Of funds so made available in Items 18 and 19 of the table
    contained in section 3031 of Public Law 105-178, $5,000,000 shall be
    available for the Buffalo, New York Inner Harbor Redevelopment Project;
    of funds made available in Public Law 104-50 for Crossroads Intermodal
    Station, New York, $1,000,000 shall be available for the Buffalo Inner
    Harbor Redevelopment Project; of the funds made available in Public Law
    104-205 for Crossroads Intermodal Station, New York, $1,000,000 shall be
    available for the Buffalo, New York Inner Harbor Redevelopment Project;
    of funds made available in Public Law 106-346 for Buffalo, New York
    Intermodal facility, $500,000 shall be available for the Buffalo, New
    York Inner Harbor Redevelopment Project; of funds made available in
    Public Law 108-7 for Buffalo Intermodal Transportation Center,
    $5,000,000 shall be available for the Buffalo, New York Inner Harbor
    Redevelopment Project.
        Sec. 528. Funds in this Act that are apportioned to the Charleston
    Area Regional Transportation Authority to carry out section 5307 of
    title 49, United States Code, may be used to acquire land, equipment, or
    facilities used in public transportation from another governmental
    authority in the same geographic area: Provided, That the non-Federal
    share under section 5307 may include revenues from the sale of
    advertising and concessions.
        Sec. 529. To the extent that funds remain available within the
    current budget for the project, the Secretary shall amend the Full
    Funding Grant Agreement for the Tri-Met Interstate light rail extension
    in Portland, Oregon, to allow acquisition of up to a total of twenty-
    four light rail vehicles.
        Sec. 530. Section 1023(h) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102-240 as
    amended by section 347 of Public Law 108-7) is amended in paragraph (1)
    by striking ``October 1, 2003'' and inserting ``October 1, 2005''.
        Sec. 531. Unobligated funds in an amount not to exceed $4,500,000
    that were designated to the North Country County Consortium, New York
    project in the conference report accompanying Public Law 108-99 under
    the Job Access and Reverse Commute Account shall be transferred to and
    administered under the bus category of the Capital Investment Grants
    Account and available for North Country Bus and Bus Related Equipment.

    [[Page 118 STAT. 3272]]

        Sec. 532. Section 312a(a) of the Federal Election Campaign Act of
    1971 (2 U.S.C. 439a(a)) is amended--
                (1) by striking the ``or'' at the end of paragraph (a)(3);
                (2) by striking the period, and adding a semi-colon at the
            end of paragraph (a)(4);
                (3) by adding a new paragraph (a)(5) to read as follows:
            ``(5) for donations to State and local candidates subject to the
            provisions of State law; or''; and
                (4) by adding a new paragraph (a)(6) to read as follows:
            ``(6) for any other lawful purpose unless prohibited by
            subsection (b) of this section.''.

        Sec. 533. From funds made available in this Act under the headings
    ``White House Office'', ``Executive Residence at the White House'',
    ``White House Repair and Restoration'', ``Council of Economic
    Advisors'', ``Office of Policy Development'', ``National Security
    Council'', ``Office of Administration'', ``Office of Management and
    Budget'', ``Office of National Drug Control Policy'', ``Special
    Assistance to the President'', and ``Official Residence of the Vice
    President'', the Director of the Office of Management and Budget (or
    such other officer as the President may designate in writing), may,
    fifteen days after giving notice to the House and Senate Committees on
    Appropriations, transfer not to exceed 10 percent of any such
    appropriation to any other such appropriation, to be merged with and
    available for the same time and for the same purposes as the
    appropriation to which transferred: Provided, That the amount of an
    appropriation shall not be increased by more than 50 percent by such
    transfers: Provided further, That no amount shall be transferred from
    ``Special Assistance to the President'' or ``Official Residence of the
    Vice President'' without the approval of the Vice President.

                                    TITLE VI

                               GENERAL PROVISIONS

                     Departments, Agencies, and Corporations

        Sec. 601. Funds appropriated in this or any other Act may be used to
    pay travel to the United States for the immediate family of employees
    serving abroad in cases of death or life threatening illness of said
    employee.
        Sec. 602. No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2005 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act) by the officers and employees of such department,
    agency, or instrumentality.
        Sec. 603. <<NOTE: 31 USC 1343 note.>> 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

    [[Page 118 STAT. 3273]]

    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. <<NOTE: 5 USC 3101 note.>> 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

    [[Page 118 STAT. 3274]]

    buildings and facilities which constitute public improvements performed
    in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
    Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
    law.
        Sec. 607. In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
                (1) Acquisition, waste reduction and prevention, and
            recycling programs as described in Executive Order No. 13101
            (September 14, 1998), including any such programs adopted prior
            to the effective date of the Executive order.
                (2) Other Federal agency environmental management programs,
            including, but not limited to, the development and
            implementation of hazardous waste management and pollution
            prevention programs.
                (3) Other employee programs as authorized by law or as
            deemed appropriate by the head of the Federal agency.

        Sec. 608. Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, United States Code,
    shall be available, in addition to objects for which such funds are
    otherwise available, for rent in the District of Columbia; services in
    accordance with 5 U.S.C. 3109; and the objects specified under this
    head, all the provisions of which shall be applicable to the expenditure
    of such funds unless otherwise specified in the Act by which they are
    made available: Provided, That in the event any functions budgeted as
    administrative expenses are subsequently transferred to or paid from
    other funds, the limitations on administrative expenses shall be
    correspondingly reduced.
        Sec. 609. No part of any appropriation for the current fiscal year
    contained in this or any other Act shall be paid to any person for the
    filling of any position for which he or she has been nominated after the
    Senate has voted not to approve the nomination of said person.
        Sec. 610. No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards (except
    Federal Executive Boards), commissions, councils, committees, or similar
    groups (whether or not they are interagency entities) which do not have
    a prior and specific statutory approval to receive financial support
    from more than one agency or instrumentality.
        Sec. 611. Funds made available by this or any other Act to the
    Postal Service Fund (39 U.S.C. 2003) shall be available for employment
    of guards for all buildings and areas owned or occupied by the Postal
    Service and under the charge and control of the Postal Service, and such
    guards shall have, with respect to such property, the powers of special
    policemen provided by the first section of the Act of June 1, 1948, as
    amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or
    occupied by the Postal Service, the Postmaster General may take the same
    actions as the Administrator of General Services may take under the
    provisions of sections 2 and 3 of the Act of June 1, 1948, as amended
    (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal
    consequences under the authority and within the limits provided

    [[Page 118 STAT. 3275]]

    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) <<NOTE: 5 USC 5343 note.>> 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) <<NOTE: Applicability.>> 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

    [[Page 118 STAT. 3276]]

    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

    [[Page 118 STAT. 3277]]

                (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.

    [[Page 118 STAT. 3278]]

        Sec. 620. No funds appropriated in this or any other Act may be used
    to implement or enforce the agreements in Standard Forms 312 and 4414 of
    the Government or any other nondisclosure policy, form, or agreement if
    such policy, form, or agreement does not contain the following
    provisions: ``These restrictions are consistent with and do not
    supersede, conflict with, or otherwise alter the employee obligations,
    rights, or liabilities created by Executive Order No. 12958; section
    7211 of title 5, United States Code (governing disclosures to Congress);
    section 1034 of title 10, United States Code, as amended by the Military
    Whistleblower Protection Act (governing disclosure to Congress by
    members of the military); section 2302(b)(8) of title 5, United States
    Code, as amended by the Whistleblower Protection Act (governing
    disclosures of illegality, waste, fraud, abuse or public health or
    safety threats); the Intelligence Identities Protection Act of 1982 (50
    U.S.C. 421 et seq.) (governing disclosures that could expose
    confidential Government agents); and the statutes which protect against
    disclosure that may compromise the national security, including sections
    641, 793, 794, 798, and 952 of title 18, United States Code, and section
    4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
    definitions, requirements, obligations, rights, sanctions, and
    liabilities created by said Executive order and listed statutes are
    incorporated into this agreement and are controlling.'': Provided, That
    notwithstanding the preceding paragraph, a nondisclosure policy form or
    agreement that is to be executed by a person connected with the conduct
    of an intelligence or intelligence-related activity, other than an
    employee or officer of the United States Government, may contain
    provisions appropriate to the particular activity for which such
    document is to be used. Such form or agreement shall, at a minimum,
    require that the person will not disclose any classified information
    received in the course of such activity unless specifically authorized
    to do so by the United States Government. Such nondisclosure forms shall
    also make it clear that they do not bar disclosures to Congress or to an
    authorized official of an executive agency or the Department of Justice
    that are essential to reporting a substantial violation of law.
        Sec. 621. No part of any funds appropriated in this or any other Act
    shall be used by an agency of the executive branch, other than for
    normal and recognized executive-legislative relationships, for publicity
    or propaganda purposes, and for the preparation, distribution or use of
    any kit, pamphlet, booklet, publication, radio, television or film
    presentation designed to support or defeat legislation pending before
    the Congress, except in presentation to the Congress itself.
        Sec. 622. None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address to
    any labor organization except when the employee has authorized such
    disclosure or when such disclosure has been ordered by a court of
    competent jurisdiction.
        Sec. 623. None of the funds made available in this Act or any other
    Act may be used to provide any non-public information such as mailing or
    telephone lists to any person or any organization outside of the Federal
    Government without the approval of the Committees on Appropriations.
        Sec. 624. No part of any appropriation contained in this or any
    other Act shall be used for publicity or propaganda purposes within the
    United States not heretofor authorized by the Congress.

    [[Page 118 STAT. 3279]]

        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

    [[Page 118 STAT. 3280]]

    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, <<NOTE: Reports.>> 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

    [[Page 118 STAT. 3281]]

    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. <<NOTE: Sports. Drugs and drug abuse.>> 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. <<NOTE: 18 USC 4124 note.>> 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. <<NOTE: 5 USC 5701 note.>> Each Executive department and
    agency shall evaluate the creditworthiness of an individual before
    issuing the individual a government purchase charge card or government
    travel charge card. The department or agency may not issue a government
    purchase charge card or government travel charge card to an individual
    that either lacks a credit history or is found to have an unsatisfactory
    credit history as a result of this evaluation: Provided, That this
    restriction shall not preclude issuance of a restricted-use charge,
    debit, or stored value card made in accordance with agency procedures
    to: (1) an individual with an unsatisfactory credit history where such
    card is used to pay travel expenses and the agency

    [[Page 118 STAT. 3282]]

    determines there is no suitable alternative payment mechanism available
    before issuing the card; or (2) an individual who lacks a credit
    history. Each Executive department and agency shall establish guidelines
    and procedures for disciplinary actions to be taken against agency
    personnel for improper, fraudulent, or abusive use of government charge
    cards, which shall include appropriate disciplinary actions for use of
    charge cards for purposes, and at establishments, that are inconsistent
    with the official business of the Department or agency or with
    applicable standards of conduct.

        Sec. 640. (a) <<NOTE: Effective date. 5 USC 5303 note.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Public information.>> 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)).

    [[Page 118 STAT. 3283]]

        Sec. 642. Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations, except
    that the Federal Law Enforcement Training Center is authorized to obtain
    the temporary use of additional facilities by lease, contract, or other
    agreement for training which cannot be accommodated in existing Center
    facilities.
        Sec. 643. Section 653(j) of title 42, United States Code, is amended
    by adding at the end the following new paragraph:
                ``(7) Information comparisons and disclosure to assist in
            federal debt collection.--
                        ``(A) Furnishing of information by the secretary of
                    the treasury.--The Secretary of the Treasury shall
                    furnish to the Secretary, on such periodic basis as
                    determined by the Secretary of the Treasury in
                    consultation with the Secretary, information in the
                    custody of the Secretary of the Treasury for comparison
                    with information in the National Directory of New Hires,
                    in order to obtain information in such Directory with
                    respect to persons--
                              ``(i) who owe delinquent nontax debt to the
                          United States; and
                              ``(ii) whose debt has been referred to the
                          Secretary of the Treasury in accordance with 31
                          U.S.C. 3711(g).
                        ``(B) Requirement to seek minimum information.--The
                    Secretary of the Treasury shall seek information
                    pursuant to this section only to the extent necessary to
                    improve collection of the debt described in subparagraph
                    (A).
                        ``(C) Duties of the secretary.--
                              ``(i) Information disclosure.--The Secretary,
                          in cooperation with the Secretary of the Treasury,
                          shall compare information in the National
                          Directory of New Hires with information provided
                          by the Secretary of the Treasury with respect to
                          persons described in subparagraph (A) and shall
                          disclose information in such Directory regarding
                          such persons to the Secretary of the Treasury in
                          accordance with this paragraph, for the purposes
                          specified in this paragraph. Such comparison of
                          information shall not be considered a matching
                          program as defined in 5 U.S.C. 552a.
                              ``(ii) Condition on disclosure.--The Secretary
                          shall make disclosures in accordance with clause
                          (i) only to the extent that the Secretary
                          determines that such disclosures do not interfere
                          with the effective operation of the program under
                          this part. Support collection under section 466(b)
                          of this title shall be given priority over
                          collection of any delinquent Federal nontax debt
                          against the same income.
                        ``(D) Use of information by the secretary of the
                    treasury.--The Secretary of the Treasury may use
                    information provided under this paragraph only for
                    purposes of collecting the debt described in
                    subparagraph (A).
                        ``(E) Disclosure of information by the secretary of
                    the treasury.--
                              ``(i) Purpose of disclosure.--The Secretary of
                          the Treasury may make a disclosure under this

    [[Page 118 STAT. 3284]]

                          subparagraph only for purposes of collecting the
                          debt described in subparagraph (A).
                              ``(ii) Disclosures permitted.--Subject to
                          clauses (iii) and (iv), the Secretary of the
                          Treasury may disclose information resulting from a
                          data match pursuant to this paragraph only to the
                          Attorney General in connection with collecting the
                          debt described in subparagraph (A).
                              ``(iii) Conditions on disclosure.--Disclosures
                          under this subparagraph shall be--
                                        ``(I) made in accordance with data
                                    security and control policies
                                    established by the Secretary of the
                                    Treasury and approved by the Secretary;
                                        ``(II) subject to audit in a manner
                                    satisfactory to the Secretary; and
                                        ``(III) subject to the sanctions
                                    under subsection (l)(2).
                              ``(iv) Additional disclosures.--
                                        ``(I) Determination by
                                    secretaries.--The Secretary of the
                                    Treasury and the Secretary shall
                                    determine whether to permit disclosure
                                    of information under this paragraph to
                                    persons or entities described in
                                    subclause (II), based on an evaluation
                                    made by the Secretary of the Treasury
                                    (in consultation with and approved by
                                    the Secretary), of the costs and
                                    benefits of such disclosures and the
                                    adequacy of measures used to safeguard
                                    the security and confidentiality of
                                    information so disclosed.
                                        ``(II) Permitted persons or
                                    entities.--If the Secretary of the
                                    Treasury and the Secretary determine
                                    pursuant to subclause (I) that
                                    disclosures to additional persons or
                                    entities shall be permitted, information
                                    under this paragraph may be disclosed by
                                    the Secretary of the Treasury, in
                                    connection with collecting the debt
                                    described in subparagraph (A), to a
                                    contractor or agent of either Secretary
                                    and to the Federal agency that referred
                                    such debt to the Secretary of the
                                    Treasury for collection, subject to the
                                    conditions in clause (iii) and such
                                    additional conditions as agreed to by
                                    the Secretaries.
                              ``(v) Restrictions on redisclosure.--A person
                          or entity to which information is disclosed under
                          this subparagraph may use or disclose such
                          information only as needed for collecting the debt
                          described in subparagraph (A), subject to the
                          conditions in clause (iii) and such additional
                          conditions as agreed to by the Secretaries.
                        ``(F) Reimbursement of hhs costs.--The Secretary of
                    the Treasury shall reimburse the Secretary, in
                    accordance with subsection (k)(3), for the costs
                    incurred by the Secretary in furnishing the information
                    requested under this paragraph. Any such costs paid by
                    the Secretary of the Treasury shall be considered costs
                    of implementing 31 U.S.C. 3711(g) in accordance with 31
                    U.S.C. 3711(g)(6) and may be paid from the account
                    established pursuant to 31 U.S.C. 3711(g)(7).''.

    [[Page 118 STAT. 3285]]

        Sec. 644. Notwithstanding section 1346 of title 31, United States
    Code, and section 610 of this Act and any other provision of law, the
    head of each appropriate executive department and agency shall transfer
    to or reimburse the Federal Aviation Administration, upon the direction
    of the Director of the Office of Management and Budget, funds made
    available by this or any other Act for the purposes described below, and
    shall submit budget requests for such purposes. These funds shall be
    administered by the Federal Aviation Administration, in consultation
    with the appropriate interagency groups designated by the Director and
    shall be used to ensure the uninterrupted, continuous operation of the
    Midway Atoll Airfield by the Federal Aviation Administration pursuant to
    an operational agreement with the Department of the Interior for the
    entirety of fiscal year 2005 and any period thereafter that precedes the
    enactment of the Transportation, Treasury, and Independent Agencies
    Appropriations Act, 2006. The Director of the Office of Management and
    Budget shall mandate the necessary transfers after determining an
    equitable allocation between the appropriate executive departments and
    agencies of the responsibility for funding the continuous operation of
    the Midway Atoll Airfield based on, but not limited to, potential use,
    interest in maintaining aviation safety, and applicability to
    governmental operations and agency mission. The total funds transferred
    or reimbursed shall not exceed $6,000,000 for any twelve-month period.
    Such sums shall be sufficient to ensure continued operation of the
    airfield throughout the period cited above. Funds shall be available for
    operation of the airfield or airfield-related capital
    upgrades. <<NOTE: Notification. Deadline.>> 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. <<NOTE: Deadline.>> Such transfers or reimbursements shall begin
    within 30 days of enactment of this Act.

        Sec. 645. (a) Designation.--The United States Courthouse located at
    95 Seventh Street in San Francisco, California, shall be known and
    designated as the ``James R. Browning United States Courthouse''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the courthouse referred
    to in subsection (a) shall be deemed to be a reference to the ``James R.
    Browning United States Courthouse''.

      DIVISION I--DEPARTMENTS <<NOTE: Departments of Veterans Affairs and
     Housing and Urban Development, and Independent Agencies Appropriations
    Act, 2005.>> 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);

    [[Page 118 STAT. 3286]]

    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''.

    [[Page 118 STAT. 3287]]

                 vocational rehabilitation loans program account

                          (including transfer of funds)

        For the cost of direct loans, $47,000, as authorized by 38 U.S.C.
    chapter 31, as amended: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    funds made available under this heading are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $4,108,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $311,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

              native american veteran housing loan program account

                          (including transfer of funds)

        For administrative expenses to carry out the direct loan program
    authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000,
    which may be transferred to and merged with the appropriation for
    ``General operating expenses'': Provided, That no new loans in excess of
    $50,000,000 may be made in fiscal year 2005.

      guaranteed transitional housing loans for homeless veterans program
                                     account

        For the administrative expenses to carry out the guaranteed
    transitional housing loan program authorized by 38 U.S.C. chapter 37,
    subchapter VI, not to exceed $750,000 of the amounts appropriated by
    this Act for ``General operating expenses'' and ``Medical
    administration'' may be expended.

                         Veterans Health Administration

                                medical services

                         (including transfers of funds)

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in paragraphs (1)
    through (8) of section 1705(a) of title 38, United States Code,
    including care and treatment in facilities not under the jurisdiction of
    the department and including medical supplies and equipment and salaries
    and expenses of health-care employees hired under title 38, United
    States Code, and aid to State homes as authorized by section 1741 of
    title 38, United States Code; $19,472,777,000, plus reimbursements:
    Provided, That of the funds made available under this heading, not to
    exceed $1,100,000,000 shall be available until September 30, 2006:
    Provided further, That, notwithstanding any other provision of law, the
    Secretary of Veterans Affairs shall establish a priority for treatment
    for veterans who are service-connected disabled, lower income, or have
    special needs: Provided further, That, notwithstanding any other
    provision of law, the Secretary of Veterans Affairs shall give priority
    funding

    [[Page 118 STAT. 3288]]

    for the provision of basic medical benefits to veterans in enrollment
    priority groups 1 through 6: Provided further, That of the funds made
    available under this heading, the Secretary may transfer up to
    $400,000,000, to remain available until expended, to ``Construction,
    major projects'' for purposes of implementing CARES subject to a
    determination by the Secretary that such funds will improve access and
    quality of veteran's health care needs: Provided further, That, during
    the fiscal year ending September 30, 2005, the Secretary may transfer
    not more than $125,000,000 of the unobligated balances in this account
    and amounts made available under this heading to ``General operating
    expenses'' for costs associated with processing claims where the basis
    of the entitlement is claimed disability incurred as a result of a
    veteran's service, subject to a determination by the Secretary of
    Veterans Affairs that such additional funds are necessary: Provided
    further, That, notwithstanding any other provision of law, the Secretary
    of Veterans Affairs may authorize the dispensing of prescription drugs
    from Veterans Health Administration facilities to enrolled veterans with
    privately written prescriptions based on requirements established by the
    Secretary: Provided further, That the implementation of the program
    described in the previous proviso shall incur no additional cost to the
    Department of Veterans Affairs: Provided further, That for the DOD VA
    Health Care Sharing Incentive Fund, as authorized by section 721 of
    Public Law 107-314, a minimum of $15,000,000, to remain available until
    expended, for any purpose authorized by 38 U.S.C. 8111.

                             medical administration

        For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; information technology hardware and software;
    uniforms or allowances therefor, as authorized by sections 5901-5902 of
    title 5, United States Code; and administrative and legal expenses of
    the department for collecting and recovering amounts owed the department
    as authorized under chapter 17 of title 38, United States Code, and the
    Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
    $4,705,000,000, of which $250,000,000 shall be available until September
    30, 2006, plus reimbursements.

                               medical facilities

        For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, and domiciliary facilities and other necessary
    facilities for the Veterans Health Administration; for administrative
    expenses in support of planning, design, project management, real
    property acquisition and disposition, construction and renovation of any
    facility under the jurisdiction or for the use of the department; for
    oversight, engineering and architectural activities not charged to
    project costs; for repairing, altering, improving or providing
    facilities in the several hospitals and homes under the jurisdiction of
    the department, not otherwise provided for, either by contract or by the
    hire of temporary employees and purchase of materials; for leases of
    facilities; and for laundry and food services, $3,745,000,000, of which
    $250,000,000 shall be available until September 30, 2006.

    [[Page 118 STAT. 3289]]

                         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

    [[Page 118 STAT. 3290]]

    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, <<NOTE: Reports.>> 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

    [[Page 118 STAT. 3291]]

    or damage caused by any natural disaster or catastrophe; and (2)
    temporary measures necessary to prevent or to minimize further loss by
    such causes.

            grants for construction of state extended care facilities

        For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify or alter existing
    hospital, nursing home and domiciliary facilities in State homes, for
    furnishing care to veterans as authorized by 38 U.S.C. 8131-8137,
    $105,163,000, to remain available until expended.

            grants for the construction of state veterans cemeteries

        For grants to aid States in establishing, expanding, or improving
    State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000,
    to remain available until expended.

                            administrative provisions

                         (including transfers of funds)

        Sec. 101. Any appropriation for fiscal year 2005 for ``Compensation
    and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' may be transferred to any other of the mentioned
    appropriations.
        Sec. 102. Appropriations available to the Department of Veterans
    Affairs for fiscal year 2005 for salaries and expenses shall be
    available for services authorized by 5 U.S.C. 3109 hire of passenger
    motor vehicles; lease of a facility or land or both; and uniforms or
    allowances therefore, as authorized by 5 U.S.C. 5901-5902.
        Sec. 103. No appropriations in this Act for the Department of
    Veterans Affairs (except the appropriations for ``Construction, major
    projects'', ``Construction, minor projects'', and the ``Parking
    revolving fund'') shall be available for the purchase of any site for or
    toward the construction of any new hospital or home.
        Sec. 104. No appropriations in this Act for the Department of
    Veterans Affairs shall be available for hospitalization or examination
    of any persons (except beneficiaries entitled under the laws bestowing
    such benefits to veterans, and persons receiving such treatment under 5
    U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
    is made to the ``Medical services'' account at such rates as may be
    fixed by the Secretary of Veterans Affairs.
        Sec. 105. Appropriations available to the Department of Veterans
    Affairs for fiscal year 2005 for ``Compensation and pensions'',
    ``Readjustment benefits'', and ``Veterans insurance and indemnities''
    shall be available for payment of prior year accrued obligations
    required to be recorded by law against the corresponding prior year
    accounts within the last quarter of fiscal year 2004.
        Sec. 106. Appropriations accounts available to the Department of
    Veterans Affairs for fiscal year 2005 shall be available to pay prior
    year obligations of corresponding prior year appropriations accounts
    resulting from title X of the Competitive Equality Banking Act, Public
    Law 100-86, except that if such obligations are from trust fund accounts
    they shall be payable from ``Compensation and pensions''.

    [[Page 118 STAT. 3292]]

        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. <<NOTE: 31 USC 501 note.>> Notwithstanding any other
    provision of law, the Department of Veterans Affairs shall continue the
    Franchise Fund pilot program authorized to be established by section 403
    of Public Law 103-356 until October 1, 2005: Provided, That the
    Franchise Fund, established by title I of Public Law 104-204 to finance
    the operations of the Franchise Fund pilot program, shall continue until
    October 1, 2005.

        Sec. 109. Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.
        Sec. 110. Funds available in any Department of Veterans Affairs
    appropriation for fiscal year 2005 or funds for salaries and other
    administrative expenses shall also be available to reimburse the Office
    of Resolution Management and the Office of Employment Discrimination
    Complaint Adjudication for all services provided at rates which will
    recover actual costs but not exceed $29,318,000 for the Office of
    Resolution Management and $3,059,000 for the Office of Employment and
    Discrimination Complaint Adjudication: Provided, That payments may be
    made in advance for services to be furnished based on estimated costs:
    Provided further, That amounts received shall be credited to ``General
    operating expenses'' for use by the office that provided the service.
        Sec. 111. <<NOTE: Reports. Deadline.>> 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

    [[Page 118 STAT. 3293]]

    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) <<NOTE: 38 USC 1729A note.>> 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) <<NOTE: Contracts. Health and health care.>> 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''.

    [[Page 118 STAT. 3294]]

        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.

    [[Page 118 STAT. 3295]]

              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

    [[Page 118 STAT. 3296]]

            exceeds a public housing agency's authorized level of units
            under contract;
                (2) $163,000,000 for section 8 rental assistance for
            relocation and replacement of housing units that are demolished
            or disposed of pursuant to the Omnibus Consolidated Rescissions
            and Appropriations Act of 1996 (Public Law 104-134), conversion
            of section 23 projects to assistance under section 8, the family
            unification program under section 8(x) of the Act, relocation of
            witnesses in connection with efforts to combat crime in public
            and assisted housing pursuant to a request from a law
            enforcement or prosecution agency, enhanced vouchers under any
            provision of law authorizing such assistance under section 8(t)
            of the Act, and tenant protection assistance, including
            replacement and relocation assistance;
                (3) $46,000,000 for family self-sufficiency coordinators
            under section 23 of the Act;
                (4) $2,904,000 shall be transferred to the Working Capital
            Fund; and
                (5) $1,210,107,000 for administrative and other expenses of
            public housing agencies in administering the section 8 tenant-
            based rental assistance program, of which up to $25,000,000
            shall be available to the Secretary to allocate to public
            housing agencies that need additional funds to administer their
            section 8 programs: Provided, That $1,185,107,000 of the amount
            provided in this paragraph shall be allocated for the calendar
            year 2005 funding cycle on a pro rata basis to public housing
            agencies based on the amount public housing agencies were
            eligible to receive in calendar year 2004: Provided further,
            That all amounts provided under this paragraph shall be only for
            activities related to the provision of tenant-based rental
            assistance authorized under section 8, including related
            development activities.

                         Project-Based Rental Assistance

                          (Including Transfer of Funds)

        For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937, as
    amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise
    provided for, $5,341,000,000 to remain available until expended:
    Provided, That the amounts made available under this heading are
    provided as follows:
                (1) $5,237,100,000 for expiring or terminating section 8
            project-based subsidy contracts (including section 8 moderate
            rehabilitation contracts), for amendments to section 8 project-
            based subsidy contracts (including section 8 moderate
            rehabilitation contracts), for contracts entered into pursuant
            to section 441 of the McKinney-Vento Homeless Assistance Act,
            for renewal of section 8 contracts for units in projects that
            are subject to approved plans of action under the Emergency Low
            Income Housing Preservation Act of 1987 or the Low-Income
            Housing Preservation and Resident Homeownership Act of 1990, and
            for administrative and other expenses associated with project-
            based activities and assistance funded under this paragraph.
                (2) $101,900,000 for performance-based contract
            administrators for section 8 project-based assistance.

    [[Page 118 STAT. 3297]]

                (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

    [[Page 118 STAT. 3298]]

    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, <<NOTE: 42 USC 1437g note.>> 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

    [[Page 118 STAT. 3299]]

    assistance and capacity building to be used by the National American
    Indian Housing Council in support of the implementation of NAHASDA; of
    which $4,500,000 shall be to support the inspection of Indian housing
    units, contract expertise, training, and technical assistance in the
    training, oversight, and management of Indian housing and tenant-based
    assistance, including up to $300,000 for related travel; and of which
    $2,600,000 shall be transferred to the Working Capital Fund: Provided,
    That of the amount provided under this heading, $2,000,000 shall be made
    available for the cost of guaranteed notes and other obligations, as
    authorized by title VI of NAHASDA: Provided further, That such costs,
    including the costs of modifying such notes and other obligations, shall
    be as defined in section 502 of the Congressional Budget Act of 1974, as
    amended: Provided further, That these funds are available to subsidize
    the total principal amount of any notes and other obligations, any part
    of which is to be guaranteed, not to exceed $17,926,000: Provided
    further, That for administrative expenses to carry out the guaranteed
    loan program, up to $150,000 from amounts in the first proviso, which
    shall be transferred to and merged with the appropriation for ``Salaries
    and expenses'', to be used only for the administrative costs of these
    guarantees.

               Indian Housing Loan Guarantee Fund Program Account

                          (including transfer of funds)

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
    $5,000,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $145,345,000.
        In addition, for administrative expenses to carry out the guaranteed
    loan program, up to $250,000 from amounts in the first paragraph, which
    shall be transferred to and merged with the appropriation for ``Salaries
    and expenses'', to be used only for the administrative costs of these
    guarantees.

           Native Hawaiian Housing Loan Guarantee Fund Program Account

                          (including transfer of funds)

        For the cost of guaranteed loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
    $1,000,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $37,403,000.
        In addition, for administrative expenses to carry out the guaranteed
    loan program, up to $35,000 from amounts in the first paragraph, which
    shall be transferred to and merged with the appropriation for ``Salaries
    and expenses'', to be used only for the administrative costs of these
    guarantees.

    [[Page 118 STAT. 3300]]

                       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, <<NOTE: Contracts.>> 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

    [[Page 118 STAT. 3301]]

    (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

    [[Page 118 STAT. 3302]]

    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

    [[Page 118 STAT. 3303]]

    Rice University by inserting ``planning, design and'' before the word
    ``construction''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    535 by striking ``facilities renovation, expansion and buildout for the
    D'Youville College Library Improvement project'' and inserting
    ``Administration building renovation''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number 215
    by striking ``construction of a fieldhouse located at 39th and Cottage
    Grove'' and inserting ``costs associated with construction of a LULA
    lift at Ogden Park''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number 831
    by striking ``Bread and Rose in Olympia, Washington for renovations to a
    homeless shelter'' and inserting ``Catholic Community Services in
    Olympia, Washington for construction of a homeless shelter''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    303 by striking ``Maine Environmental'' and inserting ``Marine
    Environmental''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    163 by striking ``a special needs evacuation, senior, multipurpose
    center'' and inserting ``for Lakefront improvements to Lake Toho''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    499 by striking ``relocation of and renovations to the Wolcott Carriage
    House'' and inserting ``facilities improvements to Erie Canal parks''.
        The referenced statement of the managers under this heading in title
    II of Public Law 107-73; H. Rept. 107-272 is deemed to be amended by
    striking ``Southern New Mexico Fair and Rodeo in Dona Ana County for
    infrastructure improvements and to build a multipurpose event center;''
    and inserting the following: ``Dona Ana County, New Mexico, for the
    Southern New Mexico State Fair to make infrastructure improvements and
    to build a multi-purpose event center;''.
        The referenced statement of the managers under this heading in title
    II of division G of the Consolidated Appropriations Resolution, 2004
    (Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
    respect to item 218 by striking ``construction'' and inserting
    ``planning and design''.
        The statement of managers accompanying Public Law 106-74, as amended
    by chapter 8 of title II of the Emergency Supplemental Act, 2000 (Public
    Law 106-246), is further amended by inserting ``, to remain available to
    be expended until September 30, 2007,'' after ``$25,000,000''.
        The referenced statement of managers under the heading in title II
    of division G of the Consolidated Appropriations Resolution, 2004
    (Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
    respect to numbers 418 and 423 by striking both specified grants and
    inserting ``418. $900,000 to Northland Neighborhoods, Inc., in Clay
    County, Missouri for the expansion

    [[Page 118 STAT. 3304]]

    of the current Home Repair Program to provide home repairs to low- to
    moderate-income neighborhoods;''.
        The referenced statement of managers under this heading in title II
    of division G of the Consolidated Appropriations Resolution, 2004
    (Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
    respect to item 791 by inserting ``for planning and design'' after
    ``Texas''.
        The referenced statement of managers under this heading in title II
    of division G of the Consolidated Appropriations Resolution, 2004
    (Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
    respect to item 218 by striking ``construction'' and inserting
    ``planning and design''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    169 by striking ``for renovation of an aviation high technology
    facility'' and inserting the following: ``for a feasibility study of a
    facilities improvement to the Airco Complex and surrounding
    properties''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number 740
    by striking ``for facilities renovation and construction'' and inserting
    ``for development and continuation of the National Medal of Honor Museum
    of Military History''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    163 by striking ``for a special needs evacuation, senior, multipurpose
    center'' and inserting ``for construction at the Lakefront Improvement
    Project''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number 54
    by striking ``for renovation of facilities'' and inserting ``for the
    Screen Education Center''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    104 by striking ``to Sonoma State University in California for
    construction of the Green Music Center'' and inserting ``to Center
    Point, Inc., to acquire and renovate a facility for the adolescent
    residential treatment center''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number 4
    by striking ``for renovation of the old Uniontown Middle School'' and
    inserting ``for enhancements to facilities for industrial development''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    583 by striking ``$200,000 to the North Carolina Museum of Natural
    Sciences for construction of the Nature Research Center'' and inserting
    ``$200,000 to the Friends of the North Carolina Museum of Natural
    Sciences for construction of the Nature Research Center''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    469 by striking ``to Rutgers University in New Jersey land acquisition
    for LEAP University High School'' and inserting ``to the LEAP Academy
    University Charter High School in Camden City, New Jersey for facilities
    construction, renovation, and buildout''.

    [[Page 118 STAT. 3305]]

        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 <<NOTE: 114 Stat.
    452.>> is amended by allocating the funding made available under the
    heading ``Community Development Fund for project number 177 (House
    Report 108-235) to the Chicago Children's Choir Academy in Illinois for
    facility design and construction''.

        The referenced statement of the managers under this heading in title
    II of division G of the Consolidated Appropriations Resolution, 2004
    (Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
    respect to item 24 by striking ``Tuscaloosa County Commission for
    Community Development in Tuscaloosa County, Alabama;'' and inserting
    ``City of Tuscaloosa for community development in Tuscaloosa,
    Alabama;''.
        The referenced statement of the managers under this heading in title
    II of division G of the Consolidated Appropriations Resolution, 2004
    (Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
    respect to item 796 by striking ``Community Center'' and inserting
    ``Convention Center''.

              community development loan guarantees program account

                          (including transfer of funds)

        For the cost of guaranteed loans, $6,000,000, to remain available
    until September 30, 2006, as authorized by section 108 of the Housing
    and Community Development Act of 1974, as amended: Provided, That such
    costs, including the cost of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $275,000,000, notwithstanding any aggregate limitation on outstanding
    obligations guaranteed in section 108(k) of the Housing and Community
    Development Act of 1974, as amended.
        In addition, for administrative expenses to carry out the guaranteed
    loan program, $1,000,000, which shall be transferred to and merged with
    the appropriation for ``Salaries and expenses''.

                            Brownfields Redevelopment

        For competitive economic development grants, as authorized by
    section 108(q) of the Housing and Community Development Act of 1974, as
    amended, for Brownfields redevelopment projects, $24,000,000, to remain
    available until September 30, 2006.

    [[Page 118 STAT. 3306]]

                      HOME Investment Partnerships Program

                          (including transfer of funds)

        For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,865,000,000, to remain available until September 30, 2007:
    Provided, That of the total amount provided in this paragraph, up to
    $42,000,000 shall be available for housing counseling under section 106
    of the Housing and Urban Development Act of 1968, and $2,000,000 shall
    be transferred to the Working Capital Fund.
        In addition to amounts otherwise made available under this heading,
    $50,000,000, to remain available until September 30, 2007, for
    assistance to homebuyers as authorized under title I of the American
    Dream Downpayment Act.

                           Homeless Assistance Grants

                          (including transfer of funds)

        For the emergency shelter grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
    amended; the supportive housing program as authorized under subtitle C
    of title IV of such Act; the section 8 moderate rehabilitation single
    room occupancy program as authorized under the United States Housing Act
    of 1937, as amended, to assist homeless individuals pursuant to section
    441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
    care program as authorized under subtitle F of title IV of such Act,
    $1,250,515,000, of which $1,230,515,000 shall remain available until
    September 30, 2007, and of which $20,000,000 shall remain available
    until expended: Provided, That not less than 30 percent of funds made
    available, excluding amounts provided for renewals under the shelter
    plus care program, shall be used for permanent housing: Provided
    further, That all funds awarded for services shall be matched by 25
    percent in funding by each grantee: Provided further, That the Secretary
    shall renew on an annual basis expiring contracts or amendments to
    contracts funded under the shelter plus care program if the program is
    determined to be needed under the applicable continuum of care and meets
    appropriate program requirements and financial standards, as determined
    by the Secretary: Provided further, That all awards of assistance under
    this heading shall be required to coordinate and integrate homeless
    programs with other mainstream health, social services, and employment
    programs for which homeless populations may be eligible, including
    Medicaid, State Children's Health Insurance Program, Temporary
    Assistance for Needy Families, Food Stamps, and services funding through
    the Mental Health and Substance Abuse Block Grant, Workforce Investment
    Act, and the Welfare-to-Work grant program: Provided further, That up to
    $11,500,000 of the funds appropriated under this heading shall be
    available for the national homeless data analysis project and technical
    assistance: Provided further, That $2,500,000 of the funds appropriated
    under this heading shall be transferred to the Working Capital Fund:
    Provided further, That all balances for Shelter Plus Care renewals
    previously funded from the Shelter Plus Care Renewal

    [[Page 118 STAT. 3307]]

    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 <<NOTE: Ante, p. 384.>> 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

    [[Page 118 STAT. 3308]]

    Working Capital Fund: Provided further, That, of the amount provided
    under this heading $28,890,000 shall be for amendments to existing
    tenant-based assistance contracts entered into prior to fiscal year 2004
    (only one amendment authorized for any such contract): Provided further,
    That of the amount provided under this heading, the Secretary may make
    available up to $10,000,000 for incremental tenant-based rental
    assistance, as authorized by section 811 of such Act (which assistance
    is 5 years in duration): Provided further, That all tenant-based
    assistance made available under this heading shall continue to remain
    available only to persons with disabilities: Provided further, That the
    Secretary may waive the provisions of section 811 governing the terms
    and conditions of project rental assistance and tenant-based assistance,
    except that the initial contract term for such assistance shall not
    exceed 5 years in duration.
        Title II of the Departments of Veterans Affairs and Housing and
    Urban Development, and Independent Agencies Appropriations Act,
    2004, <<NOTE: Ante, p. 385.>> 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 <<NOTE: 12 USC 1715z-1 note.>> Rental Housing Assistance
    Fund, all uncommitted balances of excess rental charges as of September
    30, 2004, and any collections made during fiscal year 2005 and all
    subsequent fiscal years, shall be transferred to the Flexible Subsidy
    Fund, as authorized by section 236(g) of the National Housing Act, as
    amended.

                      Manufactured Housing Fees Trust Fund

        For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974, as amended (42
    U.S.C. 5401 et seq.), up to $13,000,000 to remain available until
    expended, to be derived from the Manufactured Housing Fees Trust Fund:
    Provided, That not to exceed the total amount appropriated under this
    heading shall be available from the general fund of the Treasury to the
    extent necessary to incur obligations and make expenditures pending the
    receipt of collections to the Fund pursuant to section 620 of such Act:
    Provided further, That the amount made available under this heading from
    the general fund shall be reduced as such collections are received
    during fiscal year 2005 so as to result in a final fiscal year 2005
    appropriation from the general fund estimated at not more than $0 and
    fees pursuant to such section 620 shall be modified as necessary to
    ensure such a final fiscal year 2005 appropriation.

                         Federal Housing Administration

                    mutual mortgage insurance program account

                         (including transfers of funds)

        During fiscal year 2005, commitments to guarantee loans to carry out
    the purposes of section 203(b) of the National Housing

    [[Page 118 STAT. 3309]]

    Act, as amended, shall not exceed a loan principal of $185,000,000,000.
        During fiscal year 2005, obligations to make direct loans to carry
    out the purposes of section 204(g) of the National Housing Act, as
    amended, shall not exceed $50,000,000: Provided, That the foregoing
    amount shall be for loans to nonprofit and governmental entities in
    connection with sales of single family real properties owned by the
    Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
        For administrative expenses necessary to carry out the guaranteed
    and direct loan program, $356,906,000, of which not to exceed
    $352,906,000 shall be transferred to the appropriation for ``Salaries
    and expenses''; and not to exceed $4,000,000 shall be transferred to the
    appropriation for ``Office of Inspector General''. In addition, for
    administrative contract expenses, $78,000,000, of which $15,000,000
    shall be transferred to the Working Capital Fund: Provided, That to the
    extent guaranteed loan commitments exceed $65,500,000,000 on or before
    April 1, 2005, an additional $1,400 for administrative contract expenses
    shall be available for each $1,000,000 in additional guaranteed loan
    commitments (including a pro rata amount for any amount below
    $1,000,000), but in no case shall funds made available by this proviso
    exceed $30,000,000.

                    General and Special Risk Program Account

                         (including transfers of funds)

        For the cost of guaranteed loans, as authorized by sections 238 and
    519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
    the cost of loan guarantee modifications, as that term is defined in
    section 502 of the Congressional Budget Act of 1974, as amended,
    $10,000,000, to remain available until expended: Provided, That these
    funds are available to subsidize total loan principal, any part of which
    is to be guaranteed, of up to $35,000,000,000.
        Gross obligations for the principal amount of direct loans, as
    authorized by sections 204(g), 207(l), 238, and 519(a) of the National
    Housing Act, shall not exceed $50,000,000, of which not to exceed
    $30,000,000 shall be for bridge financing in connection with the sale of
    multifamily real properties owned by the Secretary and formerly insured
    under such Act; and of which not to exceed $20,000,000 shall be for
    loans to nonprofit and governmental entities in connection with the sale
    of single-family real properties owned by the Secretary and formerly
    insured under such Act.
        In addition, for administrative expenses necessary to carry out the
    guaranteed and direct loan programs, $227,767,000, of which $207,767,000
    shall be transferred to the appropriation for ``Salaries and expenses'';
    and of which $20,000,000 shall be transferred to the appropriation for
    ``Office of Inspector General''.
        In addition, for administrative contract expenses necessary to carry
    out the guaranteed and direct loan programs, $86,000,000, of which
    $9,600,000 shall be transferred to the Working Capital Fund: Provided,
    That to the extent guaranteed loan commitments exceed $8,426,000,000 on
    or before April 1, 2005, an additional $1,980 for administrative
    contract expenses shall be available for each $1,000,000 in additional
    guaranteed loan commitments over $8,426,000,000 (including a pro rata
    amount for any increment

    [[Page 118 STAT. 3310]]

    below $1,000,000), but in no case shall funds made available by this
    proviso exceed $14,400,000.

                    Government National Mortgage Association

     Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

                          (including transfer of funds)

        New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
    shall not exceed $200,000,000,000, to remain available until September
    30, 2006.
        For administrative expenses necessary to carry out the guaranteed
    mortgage-backed securities program, $10,695,000, to be derived from the
    GNMA guarantees of mortgage-backed securities guaranteed loan receipt
    account, of which not to exceed $10,695,000, shall be transferred to the
    appropriation for ``Salaries and expenses''.

                         Policy Development and Research

                             Research and Technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
    including carrying out the functions of the Secretary under section
    1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $45,500,000, to remain
    available until September 30, 2006: Provided, That of the total amount
    provided under this heading, $7,000,000 shall be for the Partnership for
    Advancing Technology in Housing (PATH) Initiative: Provided further,
    That of the amounts made available for PATH under this heading,
    $3,500,000 shall not be subject to the requirements of section 205 of
    this title.

                       Fair Housing and Equal Opportunity

                             Fair Housing Activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $46,500,000, to remain available until September 30, 2006, of which
    $20,000,000 shall be to carry out activities pursuant to such section
    561: Provided, That no funds made available under this heading shall be
    used to lobby the executive or legislative branches of the Federal
    Government in connection with a specific contract, grant or loan.

                          Office of Lead Hazard Control

                              Lead Hazard Reduction

        For the Lead Hazard Reduction Program, as authorized by section 1011
    of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $168,000,000, to remain available until September

    [[Page 118 STAT. 3311]]

    30, 2006, of which $9,900,000 shall be for the Healthy Homes Initiative,
    pursuant to sections 501 and 502 of the Housing and Urban Development
    Act of 1970 that shall include research, studies, testing, and
    demonstration efforts, including education and outreach concerning lead-
    based paint poisoning and other housing-related diseases and hazards:
    Provided, That for purposes of environmental review, pursuant to the
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
    other provisions of law that further the purposes of such Act, a grant
    under the Healthy Homes Initiative, Operation Lead Elimination Action
    Plan (LEAP), or the Lead Technical Studies program under this heading or
    under prior appropriations Acts for such purposes under this heading,
    shall be considered to be funds for a special project for purposes of
    section 305(c) of the Multifamily Housing Property Disposition Reform
    Act of 1994: Provided further, That of the total amount made available
    under this heading, $47,000,000 shall be made available on a competitive
    basis for areas with the highest lead paint abatement needs, as
    identified by the Secretary as having: (1) the highest number of
    occupied pre-1940 units of rental housing; and (2) a disproportionately
    high number of documented cases of lead-poisoned children: Provided
    further, That each grantee receiving funds under the previous proviso
    shall target those privately owned units and multifamily buildings that
    are occupied by low-income families as defined under section 3(b)(2) of
    the United States Housing Act of 1937: Provided further, That not less
    than 90 percent of the funds made available under this paragraph shall
    be used exclusively for abatement, inspections, risk assessments,
    temporary relocations and interim control of lead-based hazards as
    defined by 42 U.S.C. 4851: Provided further, That each recipient of
    funds provided under the first proviso shall make a matching
    contribution in an amount not less than 25 percent: Provided further,
    That each applicant shall submit a detailed plan and strategy that
    demonstrates adequate capacity that is acceptable to the Secretary to
    carry out the proposed use of funds pursuant to a Notice of Funding
    Availability.

                          Management and Administration

                              Salaries and Expenses

                          (including transfer of funds)

        For necessary administrative and non-administrative expenses of the
    Department of Housing and Urban Development, not otherwise provided for,
    including purchase of uniforms, or allowances therefor, as authorized by
    5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
    authorized by 5 U.S.C. 3109; and not to exceed $25,000 for official
    reception and representation expenses, $1,120,000,000, of which
    $560,673,000 shall be provided from the various funds of the Federal
    Housing Administration, $10,695,000 shall be provided from funds of the
    Government National Mortgage Association, $1,000,000 shall be provided
    from the ``Community development loan guarantees program'' account,
    $150,000 shall be provided by transfer from the ``Native American
    housing block grants'' account, $250,000 shall be provided by transfer
    from the ``Indian housing loan guarantee fund program'' account and
    $35,000 shall be transferred from the ``Native Hawaiian housing loan
    guarantee fund'' account: Provided, That funds made available under

    [[Page 118 STAT. 3312]]

    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, <<NOTE: 42 USC 3549
    note.>> 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: <<NOTE: Requirements. Guidelines.>> 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, <<NOTE: Government
    organization. Employment.>> 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.

    [[Page 118 STAT. 3313]]

                           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: <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3314]]

    authority from fiscal year 1974 and prior that have been terminated
    shall be cancelled: Provided further, That no amounts recaptured from
    amounts appropriated in prior years under this heading or the heading
    ``Annual contributions for assisted housing'' and no carryover of such
    appropriated amounts for project-based assistance shall be available for
    the calendar year 2005 funding cycle for activities provided for under
    the heading ``Tenant-based rental assistance'': Provided further, That
    amounts recaptured under this heading or the heading ``Annual
    contributions for assisted housing'' from amounts appropriated for
    project-based section 8 activities may be used for amendments to section
    8 project-based subsidy contracts or for performance-based contract
    administrators, notwithstanding the purposes for which such amounts were
    appropriated.

                 drug elimination grants for low-income housing

                                  (rescission)

        Of the unobligated balances remaining from funds appropriated in
    fiscal year 2001 and prior years under the heading ``Drug elimination
    grants for low-income housing'', $5,000,000 are rescinded.

                      native american housing block grants

                                  (rescission)

        Of the unobligated balances remaining from funds appropriated in
    fiscal year 2004 and prior years under the heading ``Native American
    housing block grants'' for activities related to title VI of NAHASDA,
    $21,000,000 are rescinded.

                  indian housing loan guarantee program account

                                  (rescission)

        Of the unobligated balances remaining from funds appropriated in
    fiscal year 2004 and prior years under the heading ``Indian housing loan
    guarantee fund program account'' for activities related to the cost of
    guaranteed loans, $33,000,000 are rescinded.

                                Housing Programs

                            rental housing assistance

                                  (rescission)

        Of the amounts made available under the heading ``Rent Supplement''
    in Public Law 98-63 for amendments to contracts under section 101 of the
    Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
    236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in State-
    aided, non-insured rental housing projects, up to $675,000,000 is
    cancelled.

                         Federal Housing Administration

                    general and special risk program account

                                  (rescission)

        Of the unobligated balances remaining from credit subsidy
    appropriated in fiscal year 2004 and prior years under the heading

    [[Page 118 STAT. 3315]]

    ``General and special risk program account'', $30,000,000 are rescinded.

                            Administrative Provisions

        Sec. 201. <<NOTE: Rescission.>> 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. <<NOTE: HIV/AIDS. Grants.>> (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

    [[Page 118 STAT. 3316]]

    Housing and Urban Development by: (1) allocating to the City of Jersey
    City, New Jersey, the proportion of the metropolitan area's or
    division's amount that is based on the number of cases of AIDS reported
    in the portion of the metropolitan area or division that is located in
    Hudson County, New Jersey, and adjusting for the proportion of the
    metropolitan division's high incidence bonus if this area in New Jersey
    also has a higher than average per capita incidence of AIDS; and (2)
    allocating to the City of Paterson, New Jersey, the proportion of the
    metropolitan area's or division's amount that is based on the number of
    cases of AIDS reported in the portion of the metropolitan area or
    division that is located in Bergen County and Passaic County, New
    Jersey, and adjusting for the proportion of the metropolitan division's
    high incidence bonus if this area in New Jersey also has a higher than
    average per capita incidence of AIDS. The recipient cities shall use
    amounts allocated under this subsection to carry out eligible activities
    under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)
    in their respective portions of the metropolitan division that is
    located in New Jersey.
        Sec. 204. (a) During fiscal year 2005, in the provision of rental
    assistance under section 8(o) of the United States Housing Act of 1937
    (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
    economy and effectiveness of providing such assistance for use in
    assisted living facilities that is carried out in the counties of the
    State of Michigan specified in subsection (b) of this section,
    notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), a
    family residing in an assisted living facility in any such county, on
    behalf of which a public housing agency provides assistance pursuant to
    section 8(o)(18) of such Act, may be required, at the time the family
    initially receives such assistance, to pay rent in an amount exceeding
    40 percent of the monthly adjusted income of the family by such a
    percentage or amount as the Secretary of Housing and Urban Development
    determines to be appropriate.
        (b) The counties specified in this subsection are Oakland County,
    Macomb County, Wayne County, and Washtenaw County, in the State of
    Michigan.
        Sec. 205. Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989.
        Sec. 206. Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a contract
    or fee basis, and for utilizing and making payment for services and
    facilities of the Federal National Mortgage Association, Government
    National Mortgage Association, Federal Home Loan Mortgage Corporation,
    Federal Financing Bank, Federal Reserve banks or any member thereof,
    Federal Home Loan banks, and any insured bank within the meaning of the
    Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
    1831).
        Sec. 207. Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.

    [[Page 118 STAT. 3317]]

        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. <<NOTE: Deadline.>> For fiscal year 2005, HUD
    shall transmit this information to the Committees by March 15, 2005 for
    30 days of review.

        Sec. 210. <<NOTE: Reports. Deadlines.>> 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. <<NOTE: HIV/AIDS.>> (a) Notwithstanding any other
    provision of law, the amount allocated for fiscal year 2005 under
    section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)),
    to the City of Wilmington, Delaware, on behalf of the Wilmington,
    Delaware-Maryland-New Jersey Metropolitan Division (hereafter
    ``metropolitan division''), shall be adjusted by the Secretary of
    Housing and Urban Development by allocating to the State of New Jersey
    the proportion of the metropolitan division's amount that is based on
    the number of cases of AIDS reported in the portion of the metropolitan
    division that is located in New Jersey. The State of New Jersey shall
    use amounts allocated to the State under this subsection to carry out
    eligible activities under section 855 of the

    [[Page 118 STAT. 3318]]

    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. <<NOTE: 12 USC 1701q-3.>> 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. <<NOTE: Reports. Deadlines. 42 USC 1437 note.>> 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

    [[Page 118 STAT. 3319]]

    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) <<NOTE: Expiration date.>> 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

    [[Page 118 STAT. 3320]]

            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

    [[Page 118 STAT. 3321]]

                    paragraph for an eligible asset. In determining the
                    discount, the Secretary may consider the condition of
                    the asset property, the extent of resources available to
                    the preferred purchaser, the comprehensive
                    revitalization plan undertaken by such purchaser, the
                    financial safety and soundness of the Mutual Mortgage
                    Insurance Fund, and any other circumstances the
                    Secretary considers appropriate''; and
                        (B) by striking subparagraph (D);
                (5) in paragraph (7)(A), by striking ``eligible assets to be
            purchased and the interests sold'' and inserting ``category or
            categories of eligible assets to be purchased and, based on the
            purchaser's capacity to manage and dispose of assets, the
            maximum number of assets owned by the Secretary at the time the
            sale agreement is executed that shall be sold to the
            purchaser''; and
                (6) in paragraph (8)--
                        (A) in subparagraph (F), by inserting after
                    ``State'' the following: ``, and any agency or
                    instrumentality thereof that is established pursuant to
                    legislation and designated by the chief executive
                    officer to act on behalf of the jurisdiction with regard
                    to the provisions of this subsection''; and
                        (B) by adding the following new subparagraphs at the
                    end:
                        ``(G) State.--The term `State' means any State of
                    the United States, the District of Columbia, the
                    Commonwealth of Puerto Rico, Guam, American Samoa, the
                    Virgin Islands, the Northern Mariana Islands, or any
                    agency or instrumentality thereof that is established
                    pursuant to legislation and designated by the chief
                    executive officer to act on behalf of the State with
                    regard to provisions of this subjection.
                        ``(H) Indian tribe.--The term `Indian tribe' has the
                    same meaning as in section 248(i)(I) of this Act.''.

        Sec. 222. Section 203(c) of the National Housing Act (12 U.S.C.
    1709(c)), as amended, is further amended in paragraph (1) by striking
    ``subsections (n) and (k)'' and inserting ``subsection (n)'' and
    striking ``or (k)''.
        Sec. 223. Section 203(c)(2)(A) of the National Housing Act (12
    U.S.C. 1709(c)(2)(A)) is amended in the last sentence after
    ``subparagraph'' by inserting the following: ``, provided that the
    mortgagor refinances the unpaid principal obligation under title II of
    this Act''. <<NOTE: Applicability. 12 USC 1709 note.>> 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. <<NOTE: Notice. Requirements.>> The Secretary of Housing and Urban
    Development shall by notice establish criteria under which persons who
    receive athletic scholarship assistance may be denied housing assistance
    under the United States Housing Act of 1937.

        Sec. 225. The funds made available for Native Alaskans under the
    heading ``Native American Housing Block Grants'' in title II of this Act
    shall be allocated to the same Native Alaskan housing block grant
    recipients that received funds in fiscal year 2004.

    [[Page 118 STAT. 3322]]

                         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, <<NOTE: 5 USC app. 8G note.>> 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.

    [[Page 118 STAT. 3323]]

                           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

    [[Page 118 STAT. 3324]]

    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

    [[Page 118 STAT. 3325]]

    agencies authorized under section 121(b) of such Act (42 U.S.C.
    12571(b)): Provided further, That $4,500,000 of the funds made available
    under this heading shall be made available to America's Promise--The
    Alliance for Youth, Inc.: Provided further, That to the maximum extent
    practicable, the Corporation shall increase significantly the level of
    matching funds and in-kind contributions provided by the private sector,
    and shall reduce the total Federal costs per participant in all
    programs.

                              SALARIES AND EXPENSES

        For necessary expenses of administration as provided under section
    501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C.
    12501 et seq.) including payment of salaries, authorized travel, hire of
    passenger motor vehicles, the rental of conference rooms in the District
    of Columbia, the employment of experts and consultants authorized under
    5 U.S.C. 3109, and not to exceed $2,500 for official reception and
    representation expenses, $26,000,000.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended, $6,000,000,
    to remain available until September 30, 2006.

                            administrative provisions

        Notwithstanding any other provision of law, the term ``qualified
    student loan'' with respect to national service education awards shall
    mean any loan determined by an institution of higher education to be
    necessary to cover a student's cost of attendance at such institution
    and made, insured, or guaranteed directly to a student by a State
    agency, in addition to other meanings under section 148(b)(7) of the
    National and Community Service Act.
        Notwithstanding any other provision of law, funds made available
    under section 129(d)(5)(B) of the National and Community Service Act to
    assist entities in placing applicants who are individuals with
    disabilities may be provided to any entity that receives a grant under
    section 121 of the Act.
        The Inspector General of the Corporation for National and Community
    Service shall conduct random audits of the grantees that administer
    activities under the AmeriCorps programs and shall levy sanctions in
    accordance with standard Inspector General audit resolution procedures
    which include, but are not limited to, debarment of any grantee (or
    successor in interest or any entity with substantially the same person
    or persons in control) that has been determined to have committed any
    substantial violations of the requirements of the AmeriCorps programs,
    including any grantee that has been determined to have violated the
    prohibition of using Federal funds to lobby the Congress: Provided, That
    the Inspector General shall obtain reimbursements in the amount of any
    misused funds from any grantee that has been determined to have
    committed any substantial violations of the requirements of the
    AmeriCorps programs.
        For fiscal year 2005, the Corporation shall make any significant
    changes to program requirements or policy only through public notice and
    comment rulemaking. For fiscal year 2005, during any

    [[Page 118 STAT. 3326]]

    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,

    [[Page 118 STAT. 3327]]

    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,

    [[Page 118 STAT. 3328]]

    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.

    [[Page 118 STAT. 3329]]

    1383(d)(1)(A), to municipal, inter-municipal, interstate, or State
    agencies or nonprofit entities for projects that provide treatment for
    or that minimize sewage or stormwater discharges using one or more
    approaches which include, but are not limited to, decentralized or
    distributed stormwater controls, decentralized wastewater treatment,
    low-impact development practices, conservation easements, stream
    buffers, or wetlands restoration; $850,000,000 shall be for
    capitalization grants for the Drinking Water State Revolving Funds under
    section 1452 of the Safe Drinking Water Act, as amended, except that,
    notwithstanding section 1452(n) of the Safe Drinking Water Act, as
    amended, none of the funds made available under this heading in this
    Act, or in previous appropriations Acts, shall be reserved by the
    Administrator for health effects studies on drinking water contaminants;
    $50,000,000 shall be for architectural, engineering, planning, design,
    construction and related activities in connection with the construction
    of high priority water and wastewater facilities in the area of the
    United States-Mexico Border, after consultation with the appropriate
    border commission; $45,000,000 shall be for grants to the State of
    Alaska to address drinking water and waste infrastructure needs of rural
    and Alaska Native Villages: Provided, That, of these funds: (1) the
    State of Alaska shall provide a match of 25 percent; (2) no more than 5
    percent of the funds may be used for administrative and overhead
    expenses; and (3) not later than October 1, 2005 the State of Alaska
    shall make awards consistent with the State-wide priority list
    established in 2004 for all water, sewer, waste disposal, and similar
    projects carried out by the State of Alaska that are funded under
    section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301)
    or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
    seq.) which shall allocate not less than 25 percent of the funds
    provided for projects in regional hub communities; $4,000,000 shall be
    for remediation of above ground leaking fuel tanks pursuant to Public
    Law 106-554; $309,925,000 shall be for making grants for the
    construction of drinking water, wastewater and storm water
    infrastructure and for water quality protection in accordance with the
    terms and conditions specified for such grants in the joint explanatory
    statement of the managers accompanying this Act, and, for purposes of
    these grants, each grantee shall contribute not less than 45 percent of
    the cost of the project unless the grantee is approved for a waiver by
    the Agency; $90,000,000 shall be to carry out section 104(k) of the
    Comprehensive Environmental Response, Compensation, and Liability Act of
    1980 (CERCLA), as amended, including grants, interagency agreements, and
    associated program support costs; $7,500,000 for a cost-shared grant
    program to school districts for necessary upgrades of their diesel bus
    fleets; and $1,145,757,000 shall be for grants, including associated
    program support costs, to States, federally recognized tribes,
    interstate agencies, tribal consortia, and air pollution control
    agencies for multi-media or single media pollution prevention, control
    and abatement and related activities, including activities pursuant to
    the provisions set forth under this heading in Public Law 104-134, and
    for making grants under section 103 of the Clean Air Act for particulate
    matter monitoring and data collection activities of which and subject to
    terms and conditions specified by the Administrator, of which
    $50,000,000 shall be for carrying out section 128 of CERCLA, as amended,
    and $19,500,000 shall be for Environmental Information Exchange Network
    grants,

    [[Page 118 STAT. 3330]]

    including associated program support costs, and $18,000,000 shall be for
    making competitive targeted watershed grants: Provided
    further, <<NOTE: 42 USC 300j-12 note.>> 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: <<NOTE: 33 USC 1377 note.>> Provided further,
    That for fiscal year 2005, and notwithstanding section 518(f) of the
    Act, the Administrator is authorized to use the amounts appropriated for
    any fiscal year under section 319 of that Act to make grants to Indian
    tribes pursuant to sections 319(h) and 518(e) of that Act: Provided
    further, That for fiscal year 2005, notwithstanding the limitation on
    amounts in section 518(c) of the Act, up to a total of 1\1/2\ percent of
    the funds appropriated for State Revolving Funds under title VI of that
    Act may be reserved by the Administrator for grants under section 518(c)
    of such Act: Provided further, That no funds provided by this
    legislation to address the water, wastewater and other critical
    infrastructure needs of the colonias in the United States along the
    United States-Mexico border shall be made available to a county or
    municipal government unless that government has established an
    enforceable local ordinance, or other zoning rule, which prevents in
    that jurisdiction the development or construction of any additional
    colonia areas, or the development within an existing colonia the
    construction of any new home, business, or other structure which lacks
    water, wastewater, or other necessary infrastructure: Provided further,
    That the referenced statement of the managers under this heading in
    Public Law 108-7, in reference to item number 471, is deemed to be
    amended by striking everything after ``for'' and inserting the
    following: ``for water infrastructure improvements'': Provided further,
    That the referenced statement of the managers under this heading in
    Public Law 108-199, in reference to item number 22, is deemed to be
    amended by striking everything after ``22.'' and inserting the
    following: ``$200,000 to Jackson County, Alabama, for water system
    improvements and $200,000 to the City of Muscle Shoals, Alabama, for
    water and sewer infrastructure improvements'': Provided further, That
    the referenced statement of the managers under this heading in Public
    Law 108-199, in reference to item number 158, is deemed to be amended by
    inserting ``water and'' after ``for'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    107-73 is deemed to be amended by striking ``Southeast'' in reference to
    item 9 and inserting ``Southwest'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    107-73, in reference to item number 103, is deemed to be amended by
    striking everything after the word ``for'', and adding, ``the City of
    Chicago, Illinois for water infrastructure improvements at the Thomas
    Jefferson and Lakeview Pumping Stations'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    108-199, in reference to item number 484, is deemed to be amended by
    striking ``City of Norfolk'' and inserting

    [[Page 118 STAT. 3331]]

    ``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

    [[Page 118 STAT. 3332]]

    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 <<NOTE: 33 USC 1268 note.>> Administrator may hereafter receive
    and use funds contributed by a non-Federal sponsor as its share of the
    cost of a project to carry out a project under paragraph (c)(12) of
    section 118 of the Federal Water Pollution Control Act, as amended.

                        Executive Office of the President

                     Office of Science and Technology Policy

        For necessary expenses of the Office of Science and Technology
    Policy, in carrying out the purposes of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
    6601 and 6671), hire of passenger motor vehicles, and services as
    authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception
    and representation expenses, and rental of conference rooms in the
    District of Columbia, $6,379,000.

      Council on Environmental Quality and Office of Environmental Quality

        For necessary expenses to continue functions assigned to the Council
    on Environmental Quality and Office of Environmental Quality pursuant to
    the National Environmental Policy Act of 1969, the Environmental Quality
    Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
    to exceed $750 for official reception <<NOTE: 42 USC 4342 note.>> 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

    [[Page 118 STAT. 3333]]

    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

    [[Page 118 STAT. 3334]]

    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

    [[Page 118 STAT. 3335]]

    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

    [[Page 118 STAT. 3336]]

    Foundation supported research facilities may be credited to this
    appropriation: Provided further, That to the extent that the amount
    appropriated is less than the total amount authorized to be appropriated
    for included program activities, all amounts, including floors and
    ceilings, specified in the authorizing Act for those program activities
    or their subactivities shall be reduced proportionally: Provided
    further, That $95,000,000 of the funds available under this heading
    shall be made available for a comprehensive research initiative on plant
    genomes for economically significant crops: Provided further, That, not
    to exceed $25,954,000 of these funds shall be for all costs, direct and
    indirect, associated with personnel assignments under the
    Intergovernmental Personnel Act.

              major research equipment and facilities construction

        For necessary expenses for the acquisition, construction,
    commissioning, and upgrading of major research equipment, facilities,
    and other such capital assets pursuant to the National Science
    Foundation Act of 1950, as amended, including authorized travel,
    $175,050,000, to remain available until expended.

                          education and human resources

        For necessary expenses in carrying out science and engineering
    education and human resources programs and activities pursuant to the
    National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
    1875), including services as authorized by 5 U.S.C. 3109, and rental of
    conference rooms in the District of Columbia, $848,207,000, to remain
    available until September 30, 2006: Provided, That to the extent that
    the amount of this appropriation is less than the total amount
    authorized to be appropriated for included program activities, all
    amounts, including floors and ceilings, specified in the authorizing Act
    for those program activities or their subactivities shall be reduced
    proportionally: Provided further, That not to exceed $5,500,000 of these
    funds shall be for all costs, direct and indirect, associated with
    personnel assignments under the Intergovernmental Personnel Act.

                              salaries and expenses

        For salaries and expenses necessary in carrying out the National
    Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
    services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
    not to exceed $9,000 for official reception and representation expenses;
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    rental of conference rooms in the District of Columbia; and
    reimbursement of the General Services Administration for security guard
    services; $225,000,000: Provided, That contracts may be entered into
    under ``Salaries and expenses'' in fiscal year 2005 for maintenance and
    operation of facilities, and for other services, to be provided during
    the next fiscal year.

                      office of the NATIONAL SCIENCE BOARD

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference rooms
    in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code)

    [[Page 118 STAT. 3337]]

    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

    [[Page 118 STAT. 3338]]

                        (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,

    [[Page 118 STAT. 3339]]

    the head of each Federal agency, to the greatest extent practicable,
    shall provide to such entity a notice describing the statement made in
    subsection (a) by Congress.
        Sec. 411. None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
        Sec. 412. Except in the case of entities that are funded solely with
    Federal funds or any natural persons that are funded under this Act,
    none of the funds in this Act shall be used for the planning or
    execution of any program to pay the expenses of, or otherwise
    compensate, non-Federal parties to lobby or litigate in respect to
    adjudicatory proceedings funded in this Act. A chief executive officer
    of any entity receiving funds under this Act shall certify that none of
    these funds have been used to engage in the lobbying of the Federal
    Government or in litigation against the United States unless authorized
    under existing law.
        Sec. 413. No part of any funds appropriated in this Act shall be
    used by an agency of the executive branch, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, and for the preparation, distribution or use of any
    kit, pamphlet, booklet, publication, radio, television or film
    presentation designed to support or defeat legislation pending before
    Congress, except in presentation to Congress itself.
        Sec. 414. All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public service
    activities.
        Sec. 415. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
        Sec. 416. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to procure passenger
    automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per
    gallon average of less than 22 miles per gallon.
        Sec. 417. Section 313 of the National Aeronautics and Space Act of
    1958, <<NOTE: 42 USC 2459f.>> 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

    [[Page 118 STAT. 3340]]

    related to the safety of the Space Shuttle or the International Space
    Station or to the conduct of independent safety oversight in the
    National Aeronautics and Space Administration.
        Sec. 421. (a) Treatment of Pioneer Homes in Alaska as State Home for
    Veterans.--For this fiscal year and each fiscal year hereafter, the
    Secretary of Veterans Affairs may--
                (1) treat the Pioneer Homes in the State of Alaska
            collectively as a single State home for veterans for purposes of
            section 1741 of title 38, United States Code; and
                (2) make per diem payments to the State of Alaska for care
            provided to veterans in the Pioneer Homes in accordance with the
            provisions of that section.

        (b) Treatment Notwithstanding Non-Veteran Residency.--The Secretary
    may treat the Pioneer Homes as a State home under subsection (a)
    notwithstanding the residency of non-veterans in one or more of the
    Pioneer Homes.
        (c) Pioneer Homes Defined.--In this section, the term ``Pioneer
    Homes'' means the six regional homes in the State of Alaska known as
    Pioneer Homes, which are located in the following:
                (1) Anchorage, Alaska.
                (2) Fairbanks, Alaska.
                (3) Juneau, Alaska.
                (4) Ketchikan, Alaska.
                (5) Palmer, Alaska.
                (6) Sitka, Alaska.

        (d) Limitation.--The number of beds occupied by veterans
    collectively in the six Pioneer Homes listed under subsection (c) for
    which per diem would be paid under this authority shall not exceed the
    number of veterans in State beds that otherwise would be permitted in
    Alaska under the Department of Veterans Affairs State home regulations
    governing the number of beds per veteran population.
        Sec. 422. Of the amounts available to the National Aeronautics and
    Space Administration, such sums as may be necessary for the benefit of
    the families of the astronauts who died on board the Space Shuttle
    Columbia on February 1, 2003, are available under the terms of section
    203(c)(13) of the National Aeronautics and Space Act of 1958, as
    amended, independent of the limitations established therein.
        Sec. 423. Section 428 of the Departments of Veterans Affairs and
    Housing and Urban Development, and Independent Agencies Appropriations
    Act, 2004 <<NOTE: 118 Stat. 418.>> is amended--
                (1) in subsection (c), by inserting ``new'' before ``spark
            ignition engines''; and
                (2) in subsection (d), by striking ``The prohibition in
            subsection (e)'' and inserting ``The prohibition in subsection
            (c)''.

        Sec. 424. In addition to the amounts otherwise provided in this or
    any other Act for fiscal year 2005, for ``Department of Housing and
    Urban Development, Community Development Fund'', $31,000,000 to remain
    available until expended for a grant to The Hudson River Park Trust for
    planning, design and reconstruction of Pier 86 in New York City.
        Sec. 425. From within funds available to the Secretary of Veterans
    Affairs, $200,000 shall be made available until expended to Eric and
    Brian Simon of Minneapolis, Minnesota, to be divided evenly between the
    individuals.

    [[Page 118 STAT. 3341]]

        Sec. 426. (a) Waiver of Requirements.--Subject to subsection (b),
    the limitation on the release of funds in section 104(g)(2) of the
    Housing and Community Development Act of 1974 (42 U.S.C. 5304) shall not
    apply to the Village of Chickasaw Sewer Collection and Treatment System,
    located in the Village of Chickasaw, Mercer County, Ohio.
        (b) Applicability.--Subsection (a) only applies to the grant that
    was awarded to the Village of Chickasaw (Ohio Small Cities CDBG Grant #
    C-W-03-283-1), for the period beginning September 1, 2003, and ending
    October 31, 2005, and in the amount of $600,000.
        (c) Environmental Reviews.--Notwithstanding the provisions of this
    section, the Village of Chickasaw must complete all appropriate
    environment reviews in a timely manner and to the satisfaction of the
    State of Ohio.
        This division may be cited as the ``Departments of Veterans Affairs
    and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 2005''.

                            DIVISION J--OTHER MATTERS

    TITLE I--MISCELLANEOUS <<NOTE: Miscellaneous Appropriations and Offsets
    Act, 2005.>> 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) <<NOTE: Ante, p. 2077.>> 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 <<NOTE: Ante, p.
            1338.>> ``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) <<NOTE: Ante, p. 1348.>> 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:

    [[Page 118 STAT. 3342]]

                                        `` `(IV) obtaining lease guarantees
                                    (in accordance with regulations
                                    promulgated by the Office of Public
                                    Charter School Financing).'.''.
                (3) Section 342 <<NOTE: Ante, p. 1348.>> 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'.

    [[Page 118 STAT. 3343]]

                ``(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 <<NOTE: Ante, p. 1352.>> 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) <<NOTE: Effective date. 20 USC 1155 note.>> 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 <<NOTE: 42 USC 5133.>> (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), <<NOTE: Ante, p. 1221.>> is amended
    by striking ``$1,069,947,000'' and inserting ``$1,065,597,000'' and the
    matter under the heading ``Military Construction, Naval Reserve'' in
    such Act <<NOTE: Ante, p. 1222.>> is amended by striking ``$44,246,000''
    and inserting ``$48,596,000''.

    [[Page 118 STAT. 3344]]

        Sec. 108. Notwithstanding any other provision of law, in addition to
    amounts otherwise made available in the Department of Defense
    Appropriations Act, 2005 (Public Law 108-287), an additional $2,000,000
    is hereby appropriated and shall be made available under the heading
    ``Shipbuilding and Conversion, Navy'', only for the Secretary of the
    Navy for the purpose of acquiring a vessel with the Coast Guard
    registration number 225115: Provided, That the Secretary of the Navy
    shall provide for the transportation of the vessel from its present
    location: Provided further, That the Secretary of the Navy may lend,
    give, or otherwise dispose of the vessel at his election pursuant to 10
    U.S.C. 2572, 7545, or 7306, or using such procedures as the Secretary
    deems appropriate, and to such recipient as the Secretary deems
    appropriate, without regard to these provisions.

    SEC. 109. DESIGNATION OF NATIONAL TREE.

        (a) Designation.--Chapter 3 of title 36, United States Code, is
    amended by adding at the end the following:

    ``Sec. 305. National tree

        ``The tree genus Quercus, commonly known as the oak tree, is the
    national tree.''.
        (b) Conforming Amendments.--Such title is amended--
                (1) in the table of contents for part A of subtitle I, by
            striking ``, and March'' and inserting ``March, and Tree'';
                (2) in the chapter heading for chapter 3, by striking ``,
            AND MARCH'' and inserting ``MARCH, AND TREE''; and
                (3) in the table of sections for chapter 3, by adding at the
            end the following:

    ``305. National tree.''.

        Sec. 110. Section 204(g) of the Employee Retirement Income Security
    Act of 1974, as amended (29 U.S.C. 1054(g)) shall not apply at any time,
    whether before or after the enactment of this section, to an amendment
    adopted prior to June 7, 2004, by a (multiemployer) pension plan
    covering primarily employees working in the State of Alaska, to the
    extent that such amendment--
                (1) provides for the suspension of the payment of benefits,
            modifies the conditions under which the payment of benefits is
            suspended, or suspends actuarial adjustments in benefit payments
            in accordance with section 203(a)(3)(B) of said Act (29 U.S.C.
            1053(a)(3)(B)) and applicable regulations; and
                (2) applies to participants who have not retired before the
            adoption of such amendment.

        Sec. 111. <<NOTE: Government employees. 36 USC 106 note.>> (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--

    [[Page 118 STAT. 3345]]

                (1) in section 106--
                        (A) in the heading, by inserting ``Constitution Day
                    and'' before ``Citizenship Day'';
                        (B) in subsection (a), by striking ``is Citizenship
                    Day.'' and inserting ``is designated as Constitution Day
                    and Citizenship Day.'';
                        (C) in subsection (b)--
                              (i) by inserting ``Constitution Day and''
                          before ``Citizenship Day'';
                              (ii) by striking ``commemorates'' and
                          inserting ``commemorate''; and
                              (iii) by striking ``recognizes'' and inserting
                          ``recognize'';
                        (D) in subsection (c), by inserting ``Constitution
                    Day and'' before ``Citizenship Day'' both places such
                    term appears; and
                        (E) in subsection (d), by inserting ``Constitution
                    Day and'' before ``Citizenship Day''; and
                (2) in the item relating to section 106 of the table of
            contents, by inserting ``Constitution Day and'' before
            ``Citizenship Day''.

        (d) This section shall be without fiscal year limitation.
        Sec. 112. <<NOTE: Applicability. Deadline.>> (a) Notwithstanding any
    other provision of law or any contract: (1) the rates in effect on
    November 15, 2004, under the tariff (the ``tariff'') required by FCC 94-
    116 (reduced three percent annually starting January 1, 2006) shall
    apply beginning 45 days after the date of enactment of this Act through
    December 31, 2009, to the sale and purchase of interstate switched
    wholesale service elements offered by any provider originating or
    terminating anywhere in the area (the ``market'') described in section
    4.7 of the tariff (collectively the ``covered services''); (2) beginning
    April 1, 2005, through December 31, 2009, no provider of covered
    services may provide, and no purchaser of such services may obtain,
    covered services in the same contract with services other than those
    that originate or terminate in the market, if the covered services in
    the contract represent more than 5 percent of such contract's total
    value; and (3) revenues collected hereunder (less costs) for calendar
    years 2005 through 2009 shall be used to support and expand the network
    in the market.

        (b) <<NOTE: Effective date.>> 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.

    [[Page 118 STAT. 3346]]

        Sec. 113. Direct loans, credits, insurance and guarantees of the
    Export-Import Bank or its agents may be made available for or in Libya,
    notwithstanding section 507 or similar provisions in the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    2005, or prior acts making appropriations for foreign operations, export
    financing, and related programs, if the President determines that to do
    so is important to the national security interests of the United States.
        Sec. 114. (a) Section 146 of Public Law 108-199 <<NOTE: Ante, p.
    444.>> is amended--
                (1) by striking ``section 386 of the Energy Policy Act of
            2003'' and inserting ``section 116 of division C of Public Law
            108-324'';
                (2) by striking ``, except that upon that Act becoming law,
            section 386 is amended through this Act:'' and inserting ``and
            section 116 of division C of Public Law 108-324 is amended:'';
                (3) by striking ``paragraph 386(b)(1)'' and inserting
            ``paragraph (b)(1) of section 116 of division C of Public Law
            108-324'';
                (4) by striking ``paragraph 386(c)(2)'' and inserting
            ``paragraph (a)(2) of section 116 of division C of Public Law
            108-324''; and
                (5) by striking ``paragraph 386(g)(4)'' and inserting
            ``paragraph (g)(4) of section 116 of division C of Public Law
            108-324.

        (b) Section 116 (b) of division C of Public Law 108-324, the
    Military Construction bill, <<NOTE: Ante, p. 1226.>> is amended by
    adding a new paragraph as follows:
                ``(4) Such loan guarantee may be utilized only by the
            project chosen by the Federal Energy Regulatory Commission as
            the qualified project.''.

        Sec. 115. Any unobligated amount appropriated pursuant to section
    353(b) of the Department of the Interior and Related Agencies
    Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-303), shall
    be made available to complete the project described in section 353(a) of
    that Act.
        Sec. 116. (a) <<NOTE: California. 16 USC 431 note.>> 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) <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 3347]]

        (d) Legal Description.--The Mt. Soledad Veterans Memorial referred
    to in this section is all that portion of Pueblo lot 1265 of the Pueblo
    Lands of San Diego in the City and County of San Diego, California,
    according to the map thereof prepared by James Pascoe in 1879, a copy of
    which was filed in the office of the County Recorder of San Diego County
    on November 14, 1921, and is known as miscellaneous map NO. 36, more
    particularly described as follows: The area bounded by the back of the
    existing inner sidewalk on top of Mt. Soledad, being also a circle with
    a radius of 84 feet, the center of which circle is located as follows:
    Beginning at the Southwesterly corner of such Pueblo Lot 1265, such
    corner being South 17 degrees 14'33'' East (Record South 17 degrees
    14'09'' East) 607.21 feet distant along the westerly line of such Pueblo
    lot 1265 from the intersection with the North line of La Jolla Scenic
    Drive South as described and dedicated as parcel 2 of City Council
    Resolution NO. 216644 adopted August 25, 1976; thence North 39 degrees
    59'24'' East 1147.62 feet to the center of such circle. The exact
    boundaries and legal description of the Mt. Soledad Veterans Memorial
    shall be determined by a survey prepared jointly by the City of San
    Diego and the Secretary of the Interior. Upon acquisition of the Mt.
    Soledad Veterans Memorial by the United States, the boundaries of the
    Memorial may not be expanded.
        Sec. 117. Notwithstanding any other provision of law, except section
    551 of the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2005, $80,000,000 of the funds appropriated for the
    Department of Defense for fiscal year 2005 may be transferred with the
    concurrence of the Secretary of Defense to the Department of State under
    ``Peacekeeping Operations''.
        Sec. 118. In addition, for construction and related expenses of a
    facility for the United States Institute of Peace, $100,000,000, to
    remain available until expended.
        Sec. 119. Notwithstanding any other provision of law, in addition to
    amounts otherwise provided in this or any other Act for fiscal year
    2005, the following amounts are appropriated: $2,000,000 for the Helen
    Keller National Center for Deaf-Blind Youths and Adults for activities
    authorized under the Helen Keller National Center Act; and for the
    Department of Health and Human Services, Health Resources and Services
    Administration, $1,000,000 for the Hospital for Special Surgery to
    establish a National Center for Musculoskeletal Research, New York, New
    York, for facilities and equipment; and for the Department of Health and
    Human Services, Health Resources and Services Administration, $1,000,000
    for the Jesse Helms Nursing Center at Union Regional Medical Center,
    Union County, North Carolina for facilities and equipment.
        Sec. 120. In addition to any amounts provided in this or any other
    Act for fiscal year 2005, $1,000,000 is appropriated for necessary
    expenses of the Benjamin A. Gilman Institute for Political and
    International Studies program at the State University of New York's
    Orange County Community College in Orange, New York.

    SEC. 121. WEIGHT LIMITATIONS.

        The next to the last sentence of section 127(a) of title 23, United
    States Code, is amended by striking ``Interstate Route 95'' and
    inserting ``Interstate Routes 89, 93, and 95''.

    [[Page 118 STAT. 3348]]

        Sec. 122. (a) Across-the-Board Rescissions.--There is hereby
    rescinded an amount equal to 0.80 percent of--
                (1) the budget authority provided (or obligation limitation
            imposed) for fiscal year 2005 for any discretionary account in
            divisions A through J of this Act and in any other fiscal year
            2005 appropriation Act (except any fiscal year 2005 supplemental
            appropriation Act, the Department of Homeland Security
            Appropriations Act, 2005, the Department of Defense
            Appropriations Act, 2005, or the Military Construction
            Appropriations Act, 2005);
                (2) the budget authority provided in any advance
            appropriation for fiscal year 2005 for any discretionary account
            in any prior fiscal year appropriation Act; and
                (3) the contract authority provided in fiscal year 2005 for
            any program subject to limitation contained in any division or
            appropriation Act subject to paragraph (1).

        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
                (1) to each discretionary account and each item of budget
            authority described in such subsection; and
                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act or accompanying reports
            for the relevant fiscal year covering such account or item, or
            for accounts and items not included in appropriation Acts, as
            delineated in the most recently submitted President's budget).

        This title may be cited as the ``Miscellaneous Appropriations and
    Offsets Act, 2005''.

      TITLE II--225TH <<NOTE: 225th Anniversary of the American Revolution
    Commemoration Act. 36 USC note prec. 101.>> ANNIVERSARY OF THE AMERICAN
    REVOLUTION COMMEMORATION ACT

    SEC. 201. SHORT TITLE.

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

    SEC. 202. <<NOTE: 36 USC note prec. 101.>> 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

    [[Page 118 STAT. 3349]]

            administered by the National Park Service with those of other
            Federal and non-Federal entities in order to place the story of
            the American Revolution in the broad context of its causes,
            consequences, and meanings.
                (6) The story and significance of the American Revolution
            can best engage the American people through a national program
            of the National Park Service that links historic structures and
            sites, routes, activities, community projects, exhibits, and
            multimedia materials, in a manner that is both unified and
            flexible.

        (b) Purposes.--The purposes of this Act are as follows:
                (1) To recognize the enduring importance of the American
            Revolution in the lives of American citizens today.
                (2) To authorize the National Park Service to coordinate,
            connect, and facilitate Federal and non-Federal activities to
            commemorate, honor, and interpret the history of the American
            Revolution, its significance, and its relevance to the shape and
            spirit of American Government and society.

    SEC. 203. <<NOTE: 36 USC note prec. 101.>> 225TH ANNIVERSARY OF THE
                AMERICAN REVOLUTION COMMEMORATION PROGRAM.

        (a) In General.--The Secretary of the Interior (hereinafter in this
    Act referred to as the ``Secretary'') shall establish a program to be
    known as the ``225th Anniversary of the American Revolution
    Commemoration'' (hereinafter in this Act referred to as the ``225th
    Anniversary''). In administering the 225th Anniversary, the Secretary
    shall--
                (1) produce and disseminate to appropriate persons
            educational materials, such as handbooks, maps, interpretive
            guides, or electronic information related to the 225th
            Anniversary and the American Revolution;
                (2) enter into appropriate cooperative agreements and
            memoranda of understanding to provide technical assistance under
            subsection (c);
                (3) assist in the protection of resources associated with
            the American Revolution;
                (4) enhance communications, connections, and collaboration
            among the National Park Service units and programs related to
            the Revolutionary War;
                (5) expand the research base for American Revolution
            interpretation and education; and
                (6) <<NOTE: Regulations.>> 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.

    [[Page 118 STAT. 3350]]

        (c) Cooperative Agreements and Memoranda of Understanding.--To
    achieve the purposes of this Act and to ensure effective coordination of
    the Federal and non-Federal elements of the 225th Anniversary with
    National Park Service units and programs, the Secretary may enter into
    cooperative agreements and memoranda of understanding with, and provide
    technical assistance to, the following:
                (1) The heads of other Federal agencies, States, units of
            local government, and private entities.
                (2) In cooperation with the Secretary of State, the
            Governments of the United Kingdom, France, the Netherlands,
            Spain, and Canada.

        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this Act $500,000 for each of
    fiscal years 2004 through 2009.

     TITLE III--RURAL <<NOTE: Rural Air Service Improvement Act of 2004. 39
    USC 101 note.>> AIR SERVICE IMPROVEMENTS

        Sec. 301. (a) Short Title.--This title may be cited as the ``Rural
    Air Service Improvement Act of 2004''.
        (b) Further Amendments.--The amendments made by this section are
    further amendments to section 5402 of title 39, United States Code,
    including the amendments made by section 3002 of the 2002 Supplemental
    Appropriations Act for Further Recovery From and Response To Terrorist
    Attacks on the United States (Public Law 107-206) to that section of
    title 39, United States Code.
        (c) Existing Mainline Carriers.--Section 5402(a)(10) of title 39,
    United States Code, is amended by striking subparagraph (C) and
    inserting the following:
                        ``(C) actually engaged in the carriage, on scheduled
                    service within the State of Alaska, of mainline
                    nonpriority bypass mail tendered to it under its
                    designator code.''.

        (d) Nonpriority Bypass Mail.--Section 5402(g) of title 39, United
    States Code, is amended by striking the matter preceding paragraph (2)
    and inserting the following:
        ``(g)(1)(A) The Postal Service, in selecting carriers of nonpriority
    bypass mail to any point served by more than 1 carrier in the State of
    Alaska, shall adhere to an equitable tender policy within a qualified
    group of carriers, in accordance with the regulations of the Postal
    Service, and shall, at a minimum, require that any such carrier--
                ``(i) hold a certificate of public convenience and necessity
            issued under section 41102(a) of title 49;
                ``(ii) operate at least to such point at least the number of
            scheduled flights each week established under subparagraph
            (B)(i);
                ``(iii) exhibit an adherence to such scheduled flights; and
                ``(iv) have provided scheduled service with at least the
            number of scheduled noncontract flights each week established
            under subparagraph (B)(ii) between 2 points within the State of
            Alaska for at least 12 consecutive months with aircraft--
                        ``(I) up to 7,500 pounds payload capacity before
                    being selected as a carrier of nonpriority bypass mail
                    at an applicable intra-Alaska bush service mail rate;
                    and

    [[Page 118 STAT. 3351]]

                        ``(II) over 7,500 pounds payload capacity before
                    being selected as a carrier of nonpriority bypass mail
                    at the intra-Alaska mainline service mail rate.

        ``(B)(i) For purposes of subparagraph (A)(ii)--
                ``(I) for aircraft described under subparagraph (A)(iv)(I)
            the number is 3; and
                ``(II) for aircraft described under subparagraph
            (A)(iv)(II), the number is 2, except as may be provided under
            subparagraph (C).

        ``(ii) For purposes of subparagraph (A)(iv)--
                ``(I) for aircraft described under subparagraph (A)(iv)(I),
            the number is 3; and
                ``(II) for aircraft described under subparagraph
            (A)(iv)(II), for any week in any month before the effective date
            of the Rural Air Service Improvement Act of 2004, the number is
            3, and after such date, the number is 2.

        ``(C) The Postal Service, after consultation with affected carriers,
    may establish for service by aircraft described under subparagraph
    (A)(iv)(II)--
                ``(i) a larger number of flights than required under
            subparagraph (B)(i); or
                ``(ii) the days that service will operate.''.

        (e) Subcontracts by Existing Mainline Carriers.--Section 5402(g)(4)
    of title 39, United States Code, is amended by adding at the end the
    following:
        ``(C) A providing carrier selected under subparagraph (A) may
    subcontract the transportation of nonpriority bypass mail to another
    existing mainline carrier when additional or substitute aircraft are
    temporarily needed to meet the delivery schedule of the Postal Service
    or the carrier's operating requirements. The providing carrier shall
    remain responsible for the mail from origin through destination.''.
        (f) Aircraft Preferences for Other Postal Products.--Section 5402(g)
    of title 39, United States Code, is amended by adding at the end the
    following:
        ``(7) Nothing in this section shall preclude the Postal Service from
    establishing by regulation aircraft preferences for the dispatch of
    postal products other than nonpriority bypass mail.''.

      TITLE IV--VISA <<NOTE: L-1 Visa and H-1B Visa Reform Act. 8 USC 1101
    note.>> REFORM

    SEC. 401. SHORT TITLE.

        This title may be cited as the ``L-1 Visa and H-1B Visa Reform
    Act''.

    Subtitle A--L-1 <<NOTE: L-1 Visa (Intracompany Transferee) Reform Act of
    2004. 8 USC 1101 note.>> Visa Reform

    SEC. 411. SHORT TITLE.

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

    SEC. 412. NONIMMIGRANT L-1 VISA CATEGORY.

        (a) In General.--Section 214(c)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end
    the following:

    [[Page 118 STAT. 3352]]

        ``(F) An alien who will serve in a capacity involving specialized
    knowledge with respect to an employer for purposes of section
    101(a)(15)(L) and will be stationed primarily at the worksite of an
    employer other than the petitioning employer or its affiliate,
    subsidiary, or parent shall not be eligible for classification under
    section 101(a)(15)(L) if--
                ``(i) the alien will be controlled and supervised
            principally by such unaffiliated employer; or
                ``(ii) the placement of the alien at the worksite of the
            unaffiliated employer is essentially an arrangement to provide
            labor for hire for the unaffiliated employer, rather than a
            placement in connection with the provision of a product or
            service for which specialized knowledge specific to the
            petitioning employer is necessary.''.

        (b) Applicability.--The amendment made by subsection (a) shall apply
    to petitions filed on or after the effective date of this subtitle,
    whether for initial, extended, or amended classification.

    SEC. 413. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR CERTAIN
                INTRACOMPANY TRANSFEREES.

        (a) In General.--Section 214(c)(2)(A) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking the last
    sentence (relating to reduction of the 1-year period of continuous
    employment abroad to 6 months).
        (b) Applicability.--The amendment made by subsection (a) shall apply
    only to petitions for initial classification filed on or after the
    effective date of this subtitle.

    SEC. 414. <<NOTE: 8 USC 1380.>> MAINTENANCE OF STATISTICS BY THE
                DEPARTMENT OF HOMELAND SECURITY.

        (a) In General.--The Department of Homeland Security shall maintain
    statistics regarding petitions filed, approved, extended, and amended
    with respect to nonimmigrants described in section 101(a)(15)(L) of the
    Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including the
    number of such nonimmigrants who are classified on the basis of
    specialized knowledge and the number of nonimmigrants who are classified
    on the basis of specialized knowledge in order to work primarily at
    offsite locations.
        (b) Applicability.--Subsection (a) shall apply to petitions filed on
    or after the effective date of this subtitle.

    SEC. 415. <<NOTE: Deadline. 8 USC 1184 note.>> INSPECTOR GENERAL REPORT
                ON L VISA PROGRAM.

        Not later than 6 months after the date of enactment of this Act, the
    Inspector General of the Department of Homeland Security shall,
    consistent with the authority granted the Department under section 428
    of the Homeland Security Act of 2002 (6 U.S.C. 236), examine and report
    to the Committees on the Judiciary of the House of Representatives and
    the Senate on the vulnerabilities and potential abuses in the visa
    program carried out under section 214(c) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)) with respect to nonimmigrants
    described in section 101(a)(15)(L) of such Act (8 U.S.C.
    1101(a)(15)(L)).

    SEC. 416. <<NOTE: 8 USC 1184 note.>> ESTABLISHMENT OF TASK FORCE.

        (a) <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3353]]

    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) <<NOTE: Deadline.>> Report.--Not later than 6 months after the
    submission of the report by the Inspector General of the Department of
    Homeland Security in accordance with section 6, the L Visa Interagency
    Task Force shall report to the Committees on the Judiciary of the House
    of Representatives and the Senate on the efforts to implement the
    recommendations set forth by the Inspector General's report. The L Visa
    Interagency Task Force shall note specific areas of agreement and
    disagreement, and make recommendations to Congress on the findings of
    the Task Force, including any suggestions for legislation. The Task
    Force shall also review other additional issues as may be raised by the
    Inspector General's report or by the Task Force's own deliberations
    regarding the policies and purposes of the visa program relative to
    national goals and transnational commerce.

    SEC. 417. <<NOTE: 8 USC 1184 note.>> 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 <<NOTE: H-1B Visa Reform Act of 2004. 8 USC 1101
    note.>> Visa Reform

    SEC. 421. SHORT TITLE.

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

    SEC. 422. TEMPORARY WORKER PROVISIONS.

        (a) Attestation Requirements for H-1B Workers.--Section
    212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C.
    1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2003,''.
        (b) H-1B Employer Petitions.--Section 214(c)(9) of the Immigration
    and Nationality Act (8 U.S.C. 1184(c)(9)) is amended--
                (1) in subparagraph (A), by striking ``October 1, 2003'';
                (2) in subparagraph (B), by striking ``$1,000'' and
            inserting ``$1,500''; and
                (3) in subparagraph (B), by inserting before the period
            ``except that the fee shall be half the amount for each such
            petition by any employer with not more than 25 full-time
            equivalent employees who are employed in the United States
            (determined by including any affiliate or subsidiary of such
            employer)''.

    SEC. 423. H-1B PREVAILING WAGE LEVEL.

        Section 212(p) of the Immigration and Nationality Act (8 U.S.C.
    1182(p)) is amended by adding at the end the following:
        ``(3) The prevailing wage required to be paid pursuant to
    subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be
    100 percent of the wage determined pursuant to those sections.
        ``(4) Where the Secretary of Labor uses, or makes available to
    employers, a governmental survey to determine the prevailing wage, such
    survey shall provide at least 4 levels of wages commensurate with
    experience, education, and the level of supervision.

    [[Page 118 STAT. 3354]]

    Where an existing government survey has only 2 levels, 2 intermediate
    levels may be created by dividing by 3, the difference between the 2
    levels offered, adding the quotient thus obtained to the first level and
    subtracting that quotient from the second level.''.

    SEC. 424. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.

        (a) Secretary of Labor Investigative Authority.--
                (1) In general.--Section 212(n)(2) of the Immigration and
            Nationality Act (8 U.S.C. 1182(n)(2)) is amended by inserting
            after subparagraph (F) the following:

        ``(G)(i) The Secretary of Labor may initiate an investigation of any
    employer that employs nonimmigrants described in section
    101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable cause to
    believe that the employer is not in compliance with this subsection. In
    the case of an investigation under this clause, the Secretary of Labor
    (or the acting Secretary in the case of the absence of disability of the
    Secretary of Labor) shall personally certify that reasonable cause
    exists and shall approve commencement of the investigation. The
    investigation may be initiated for reasons other than completeness and
    obvious inaccuracies by the employer in complying with this subsection.
        ``(ii) If the Secretary of Labor receives specific credible
    information from a source who is likely to have knowledge of an
    employer's practices or employment conditions, or an employer's
    compliance with the employer's labor condition application under
    paragraph (1), and whose identity is known to the Secretary of Labor,
    and such information provides reasonable cause to believe that the
    employer has committed a willful failure to meet a condition of
    paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has
    engaged in a pattern or practice of failures to meet such a condition,
    or has committed a substantial failure to meet such a condition that
    affects multiple employees, the Secretary of Labor may conduct an
    investigation into the alleged failure or failures. The Secretary of
    Labor may withhold the identity of the source from the employer, and the
    source's identity shall not be subject to disclosure under section 552
    of title 5, United States Code.
        ``(iii) <<NOTE: Procedures.>> 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.

    [[Page 118 STAT. 3355]]

        ``(v) The receipt by the Secretary of Labor of information submitted
    by an employer to the Attorney General or the Secretary of Labor for
    purposes of securing the employment of a nonimmigrant described in
    section 101(a)(15)(H)(i)(b) shall not be considered a receipt of
    information for purposes of clause (ii).
        ``(vi) No investigation described in clause (ii) (or hearing
    described in clause (viii) based on such investigation) may be conducted
    with respect to information about a failure to meet a condition
    described in clause (ii), unless the Secretary of Labor receives the
    information not later than 12 months after the date of the alleged
    failure.
        ``(vii) <<NOTE: Notice.>> 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. <<NOTE: Notice.>> 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. <<NOTE: Deadline.>> 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) <<NOTE: Effective date. 8 USC 1182
            note.>> 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;

    [[Page 118 STAT. 3356]]

                ``(II) the person or entity has been provided a period of
            not less than 10 business days (beginning after the date of the
            explanation) within which to correct the failure; and
                ``(III) the person or entity has not corrected the failure
            voluntarily within such period.
                ``(iii) A person or entity that, in the course of an
            investigation, is found to have violated the prevailing wage
            requirements set forth in paragraph (1)(A), shall not be
            assessed fines or other penalties for such violation if the
            person or entity can establish that the manner in which the
            prevailing wage was calculated was consistent with recognized
            industry standards and practices.
                ``(iv) Clauses (i) and (iii) shall not apply to a person or
            entity that has engaged in or is engaging in a pattern or
            practice of willful violations of this subsection.''.

        (c) <<NOTE: 8 USC 1381.>> Secretary of Labor Report.--Not later than
    January 31 of each year, the Secretary of Labor shall report to the
    Committees on the Judiciary of the Senate and the House of
    Representatives on the investigations undertaken based on--
                (1) the authorities described in clauses (i) and (ii) of
            section 212(n)(2)(G) of the Immigration and Nationality Act (8
            U.S.C. 1182(n)(2)(G)(i) and (ii)); and
                (2) the expenditures by the Secretary of Labor described in
            section 286(v)(2)(D) of the Immigration and Nationality Act (8
            U.S.C. 1356(v)(2)(D)).

    SEC. 425. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITATIONS ON H-1B
                NONIMMIGRANTS.

        (a) In General.--Section 214(g)(5) of the Immigration and
    Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
                (1) in the matter preceding subparagraph (A), by striking
            ``is employed (or has received an offer of employment) at'';
                (2) in subparagraph (A)--
                        (A) by inserting ``is employed (or has received an
                    offer of employment) at'' before ``an institution''; and
                        (B) by striking ``or'' at the end;
                (3) in subparagraph (B)--
                        (A) by inserting ``is employed (or has received an
                    offer of employment) at'' before ``a nonprofit''; and
                        (B) by striking the period and inserting ``; or'';
                    and
                (4) by adding at the end the following:
                ``(C) has earned a master's or higher degree from a United
            States institution of higher education (as defined in section
            101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)),
            until the number of aliens who are exempted from such numerical
            limitation during such year exceeds 20,000.''.

        (b) <<NOTE: 8 USC 1184 note.>> 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).

    [[Page 118 STAT. 3357]]

    SEC. 426. FRAUD PREVENTION AND DETECTION FEE.

        (a) Imposition of Fee.--Section 214(c) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the
    following:
        ``(12)(A) In addition to any other fees authorized by law, the
    Secretary of Homeland Security shall impose a fraud prevention and
    detection fee on an employer filing a petition under paragraph (1)--
                ``(i) initially to grant an alien nonimmigrant status
            described in subparagraph (H)(i)(b) or (L) of section
            101(a)(15); or
                ``(ii) to obtain authorization for an alien having such
            status to change employers.

        ``(B) In addition to any other fees authorized by law, the Secretary
    of State shall impose a fraud prevention and detection fee on an alien
    filing an application abroad for a visa authorizing admission to the
    United States as a nonimmigrant described in section 101(a)(15)(L), if
    the alien is covered under a blanket petition described in paragraph
    (2)(A).
        ``(C) The amount of the fee imposed under subparagraph (A) or (B)
    shall be $500.
        ``(D) The fee imposed under subparagraph (A) or (B) shall only apply
    to principal aliens and not to the spouses or children who are
    accompanying or following to join such principal aliens.
        ``(E) Fees collected under this paragraph shall be deposited in the
    Treasury in accordance with section 286(v).''.
        (b) Establishment of Account; Use of Fees.--Section 286 of the
    Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
    the end the following:
        ``(v) H-1B and L Fraud Prevention and Detection Account.--
                ``(1) In general.--There is established in the general fund
            of the Treasury a separate account, which shall be known as the
            `H-1B and L Fraud Prevention and Detection Account'.
            Notwithstanding any other provision of law, there shall be
            deposited as offsetting receipts into the account all fees
            collected under section 214(c)(12).
                ``(2) Use of fees to combat fraud.--
                        ``(A) Secretary of state.--One-third of the amounts
                    deposited into the H-1B and L Fraud Prevention and
                    Detection Account shall remain available to the
                    Secretary of State until expended for programs and
                    activities at United States embassies and consulates
                    abroad--
                              ``(i) to increase the number diplomatic
                          security personnel assigned exclusively to the
                          function of preventing and detecting fraud by
                          applicants for visas described in subparagraph
                          (H)(i) or (L) of section 101(a)(15);
                              ``(ii) otherwise to prevent and detect such
                          fraud pursuant to the terms of a memorandum of
                          understanding or other cooperative agreement
                          between the Secretary of State and the Secretary
                          of Homeland Security; and
                              ``(iii) upon request by the Secretary of
                          Homeland Security, to assist such Secretary in
                          carrying out the fraud prevention and detection
                          programs and activities described in subparagraph
                          (B).

    [[Page 118 STAT. 3358]]

                        ``(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) <<NOTE: 8 USC 1184 note.>> Effective Date.--The amendments made
    by this section shall take effect on the date of enactment of this Act,
    and the fees imposed under such amendments shall apply to petitions
    under section 214(c) of the Immigration and Nationality Act, and
    applications for nonimmigrant visas under section 222 of such Act, filed
    on or after the date that is 90 days after the date of the enactment of
    this Act.

    SEC. 427. CHANGE OF FEE FORMULA.

        Section 286(s) of the Immigration and Nationality Act (8 U.S.C.
    1356(s)) is amended--
                (1) in paragraph (2), by striking ``55 percent'' and
            inserting ``50 percent'';
                (2) in paragraph (3), by striking ``22 percent'' and
            inserting ``30 percent'';
                (3) in paragraph (4)(A), by striking ``15 percent'' and
            inserting ``10 percent'';
                (4) in paragraph (5)--
                        (A) by striking ``4 percent'' and inserting ``5
                    percent''; and
                        (B) by striking ``Attorney General'' each place that
                    term appears and inserting ``Secretary of Homeland
                    Security''; and
                (5) in paragraph (6), by striking ``Beginning with fiscal
            year 2000,'' and all that follows through ``within a 7-day
            period.'' and inserting ``Beginning with fiscal year 2000, 5
            percent of the amounts deposited into the H-1B Nonimmigrant
            Petitioner Account shall remain available to the Secretary of
            Labor until expended for decreasing the processing time for
            applications under section 212(n)(1).''.

    SEC. 428. <<NOTE: 29 USC 2916a.>> 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) <<NOTE: 29 USC 2916
    note.>> 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

    [[Page 118 STAT. 3359]]

            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.

    [[Page 118 STAT. 3360]]

                ``(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) <<NOTE: Reports.>> Performance accountability.--The
            Secretary of Labor shall require grantees to report on the
            employment outcomes obtained by workers receiving training under
            this subsection using indicators of performance that are
            consistent with other indicators used for employment and
            training programs administered by the Secretary, such as entry
            into employment, retention in employment, and increases in
            earnings. The Secretary of Labor may also require grantees to
            participate in evaluations of projects carried out under this
            subsection.''.

    SEC. 429. NATIONAL SCIENCE FOUNDATION LOW-INCOME SCHOLARSHIP PROGRAM.

        (a) Expansion of Eligibility.--Section 414(d)(2)(A)(iii) of the
    American Competitiveness and Workforce Improvement Act of 1998 (42
    U.S.C. 1869c(d)(2)(A)(iii)) is amended by striking ``or computer
    science.'' and inserting ``computer science, or other technology and
    science programs designated by the Director.''.
        (b) Increase in Award Amount.--Section 414(d)(3) of the American
    Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C.
    1869c(d)(3)) is amended by striking ``$3,125 per year'' and inserting
    ``$10,000 per year''.
        (c) Funds.--Section 414(d)(4) of the American Competitiveness and
    Workforce Improvement Act of 1998 (42 U.S.C. 1869c(d)(4)) is amended by
    adding at the end the following: ``The Director may use no more than 50
    percent of such funds for undergraduate programs for curriculum
    development, professional and workforce development, and to advance
    technological education. Funds for these other programs may be used for
    purposes other than scholarships.''.
        (d) Publication of Eligible Programs.--Section 414(d) of the
    American Competitiveness and Workforce Improvement Act of 1998 (42
    U.S.C. 1869c(d)) is amended by adding at the end the following:
                ``(5) <<NOTE: Deadline.>> 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.''.

    [[Page 118 STAT. 3361]]

    SEC. 430. <<NOTE: 8 USC 1182 note.>> EFFECTIVE DATES.

        (a) In General.--Except as provided in subsection (b), this subtitle
    and the amendments made by this subtitle shall take effect 90 days after
    the date of enactment of this Act.
        (b) Exceptions.--The amendments made by sections 422(b), 426(a), and
    427 shall take effect upon the date of enactment of this Act.

           TITLE V--NATIONAL <<NOTE: National Aviation Heritage Area
    Act.>> AVIATION HERITAGE AREA

    SEC. 501. <<NOTE: 16 USC 461 note.>> SHORT TITLE.

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

    SEC. 502. <<NOTE: 16 USC 461 note.>> 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

    [[Page 118 STAT. 3362]]

            collaboration, promote heritage tourism, and build on the
            established partnerships among Ohio's historic aviation
            resources and related sites.
                (10) A critical level of collaboration among the historic
            aviation resources in Southwest Ohio cannot be achieved without
            a congressionally established national heritage area and the
            support of the National Park Service and other Federal agencies
            which own significant historic aviation-related sites in Ohio.
                (11) The Aviation Heritage Foundation, Incorporated, would
            be an appropriate management entity to oversee the development
            of the National Aviation Heritage Area.
                (12) Five National Park Service and Dayton Aviation Heritage
            Commission studies and planning documents: ``Study of
            Alternatives: Dayton's Aviation Heritage'', ``Dayton Aviation
            Heritage National Historical Park Suitability/Feasibility
            Study'', ``Dayton Aviation Heritage General Management Plan'',
            ``Dayton Historic Resources Preservation and Development Plan'',
            and Heritage Area Concept Study, demonstrated that sufficient
            historical resources exist to establish the National Aviation
            Heritage Area.
                (13) With the advent of the 100th anniversary of the first
            powered flight in 2003, it is recognized that the preservation
            of properties nationally significant in the history of aviation
            is an important goal for the future education of Americans.
                (14) Local governments, the State of Ohio, and private
            sector interests have embraced the heritage area concept and
            desire to enter into a partnership with the Federal Government
            to preserve, protect, and develop the Heritage Area for public
            benefit.
                (15) The National Aviation Heritage Area would complement
            and enhance the aviation-related resources within the National
            Park Service, especially the Dayton Aviation Heritage National
            Historical Park, Ohio.

        (b) Purpose.--The purpose of this title is to establish the Heritage
    Area to--
                (1) encourage and facilitate collaboration among the
            facilities, sites, organizations, governmental entities, and
            educational institutions within the Heritage Area to promote
            heritage tourism and to develop educational and cultural
            programs for the public;
                (2) preserve and interpret for the educational and
            inspirational benefit of present and future generations the
            unique and significant contributions to our national heritage of
            certain historic and cultural lands, structures, facilities, and
            sites within the National Aviation Heritage Area;
                (3) encourage within the National Aviation Heritage Area a
            broad range of economic opportunities enhancing the quality of
            life for present and future generations;
                (4) provide a management framework to assist the State of
            Ohio, its political subdivisions, other areas, and private
            organizations, or combinations thereof, in preparing and
            implementing an integrated Management Plan to conserve their
            aviation heritage and in developing policies and programs that
            will preserve, enhance, and interpret the cultural, historical,
            natural, recreation, and scenic resources of the Heritage Area;
            and

    [[Page 118 STAT. 3363]]

                (5) authorize the Secretary to provide financial and
            technical assistance to the State of Ohio, its political
            subdivisions, and private organizations, or combinations
            thereof, in preparing and implementing the private Management
            Plan.

    SEC. 503. <<NOTE: 16 USC 461 note.>> DEFINITIONS.

        For purposes of this title:
                (1) Board.--The term ``Board'' means the Board of Directors
            of the Foundation.
                (2) Financial assistance.--The term ``financial assistance''
            means funds appropriated by Congress and made available to the
            management entity for the purpose of preparing and implementing
            the Management Plan.
                (3) Heritage area.--The term ``Heritage Area'' means the
            National Aviation Heritage Area established by section 104 to
            receive, distribute, and account for Federal funds appropriated
            for the purpose of this title.
                (4) Management plan.--The term ``Management Plan'' means the
            management plan for the Heritage Area developed under section
            106.
                (5) Management entity.--The term ``management entity'' means
            the Aviation Heritage Foundation, Incorporated (a nonprofit
            corporation established under the laws of the State of Ohio).
                (6) Partner.--The term ``partner'' means a Federal, State,
            or local governmental entity, organization, private industry,
            educational institution, or individual involved in promoting the
            conservation and preservation of the cultural and natural
            resources of the Heritage Area.
                (7) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (8) Technical assistance.--The term ``technical assistance''
            means any guidance, advice, help, or aid, other than financial
            assistance, provided by the Secretary.

    SEC. 504. <<NOTE: 16 USC 461 note.>> NATIONAL AVIATION HERITAGE AREA.

        (a) <<NOTE: Ohio. Indiana.>> Establishment.--There is established in
    the States of Ohio and Indiana, the National Aviation Heritage Area.

        (b) Boundaries.--The Heritage Area shall include the following:
                (1) A core area consisting of resources in Montgomery,
            Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize
            Counties in Ohio.
                (2) The Neil Armstrong Air & Space Museum, Wapakoneta, Ohio.
                (3) Sites, buildings, and districts within the core area
            recommended by the Management Plan.

        (c) Map.--A map of the Heritage Area shall be included in the
    Management Plan. The map shall be on file in the appropriate offices of
    the National Park Service, Department of the Interior.
        (d) Management Entity.--The management entity for the Heritage Area
    shall be the Aviation Heritage Foundation.

    SEC. 505. <<NOTE: 16 USC 461 note.>> 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--

    [[Page 118 STAT. 3364]]

                (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) <<NOTE: Reports. Deadlines.>> 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.

    [[Page 118 STAT. 3365]]

    SEC. 506. <<NOTE: 16 USC 461 note.>> MANAGEMENT PLAN.

        (a) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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. <<NOTE: Deadline.>> The Secretary shall approve or disapprove a
    proposed revision within 90 days after the date it is submitted.

    [[Page 118 STAT. 3366]]

        (f) Approval of Amendments.--The Secretary shall review and approve
    substantial amendments to the Management Plan. Funds appropriated under
    this title may not be expended to implement any changes made by such
    amendment until the Secretary approves the amendment.

    SEC. 507. <<NOTE: 16 USC 461 note.>> 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. <<NOTE: Contracts.>> The Secretary is authorized to enter into
    cooperative agreements with the management entity and other public or
    private entities for this purpose. In assisting the Heritage Area, the
    Secretary shall give priority to actions that in general assist in--
                (1) conserving the significant natural, historic, cultural,
            and scenic resources of the Heritage Area; and
                (2) providing educational, interpretive, and recreational
            opportunities consistent with the purposes of the Heritage Area.

        (b) Duties of Other Federal Agencies.--Any Federal agency conducting
    or supporting activities directly affecting the Heritage Area shall--
                (1) consult with the Secretary and the management entity
            with respect to such activities;
                (2) cooperate with the Secretary and the management entity
            in carrying out their duties under this title;
                (3) to the maximum extent practicable, coordinate such
            activities with the carrying out of such duties; and
                (4) to the maximum extent practicable, conduct or support
            such activities in a manner which the management entity
            determines will not have an adverse effect on the Heritage Area.

    SEC. 508. <<NOTE: 16 USC 461 note.>> COORDINATION BETWEEN THE SECRETARY
                AND THE SECRETARY OF DEFENSE AND THE ADMINISTRATOR OF NASA.

        The decisions concerning the execution of this title as it applies
    to properties under the control of the Secretary of Defense and the
    Administrator of the National Aeronautics and Space Administration shall
    be made by such Secretary or such Administrator, in consultation with
    the Secretary of the Interior.

    SEC. 509. <<NOTE: 16 USC 461 note.>> 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.

    [[Page 118 STAT. 3367]]

    SEC. 510. <<NOTE: 16 USC 461 note.>> PRIVATE PROPERTY PROTECTION.

        (a) Access to Private Property.--Nothing in this title shall be
    construed to--
                (1) require any private property owner to allow public
            access (including Federal, State, or local government access) to
            such private property; or
                (2) modify any provision of Federal, State, or local law
            with regard to public access to or use of private property.

        (b) Liability.--Designation of the Heritage Area shall not be
    considered to create any liability, or to have any effect on any
    liability under any other law, of any private property owner with
    respect to any persons injured on such private property.
        (c) Recognition of Authority To Control Land Use.--Nothing in this
    title shall be construed to modify the authority of Federal, State, or
    local governments to regulate land use.
        (d) Participation of Private Property Owners in Heritage Area.--
    Nothing in this title shall be construed to require the owner of any
    private property located within the boundaries of the Heritage Area to
    participate in or be associated with the Heritage Area.
        (e) Effect of Establishment.--The boundaries designated for the
    Heritage Area represent the area within which Federal funds appropriated
    for the purpose of this title may be expended. The establishment of the
    Heritage Area and its boundaries shall not be construed to provide any
    nonexisting regulatory authority on land use within the Heritage Area or
    its viewshed by the Secretary, the National Park Service, or the
    management entity.

    SEC. 511. <<NOTE: 16 USC 461 note.>> AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--To carry out this title there is authorized to be
    appropriated $10,000,000, except that not more than $1,000,000 may be
    appropriated to carry out this title for any fiscal year.
        (b) Fifty Percent Match.--The Federal share of the cost of
    activities carried out using any assistance or grant under this title
    shall not exceed 50 percent.

    SEC. 512. <<NOTE: 16 USC 461 note.>> SUNSET PROVISION.

        The authority of the Secretary to provide assistance under this
    title terminates on the date that is 15 years after the date that funds
    are first made available for this title.

    SEC. 513. <<NOTE: 16 USC 461 note.>> 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.

    [[Page 118 STAT. 3368]]

        (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 <<NOTE: Oil Region National Heritage Area Act.>> REGION
    NATIONAL HERITAGE AREA

    SEC. 601. <<NOTE: 16 USC 461 note.>> SHORT TITLE; DEFINITIONS.

        (a) Short Title.--This title may be cited as the ``Oil Region
    National Heritage Area Act''.
        (b) Definitions.--For the purposes of this title, the following
    definitions shall apply:
                (1) Heritage area.--The term ``Heritage Area'' means the Oil
            Region National Heritage Area established in section 603(a).
                (2) Management entity.--The term ``management entity'' means
            the Oil Heritage Region, Inc., or its successor entity.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

    SEC. 602. <<NOTE: 16 USC 461 note.>> 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,

    [[Page 118 STAT. 3369]]

            volunteer organizations, and private businesses, to promote the
            cultural, national, and recreational resources of the region in
            order to fulfill their full potential.

        (b) Purpose.--The purpose of this title is to enhance a cooperative
    management framework to assist the Commonwealth of Pennsylvania, its
    units of local government, and area citizens in conserving, enhancing,
    and interpreting the significant features of the lands, water, and
    structures of the Oil Region, in a manner consistent with compatible
    economic development for the benefit and inspiration of present and
    future generations in the Commonwealth of Pennsylvania and the United
    States.

    SEC. 603. <<NOTE: 16 USC 461 note.>> 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. <<NOTE: Federal Register, publication.>> The Secretary of the
    Interior shall publish in the Federal Register, as soon as practical
    after the date of the enactment of this Act, a detailed description and
    map of the boundaries established under this subsection.

        (c) Management Entity.--The management entity for the Heritage Area
    shall be the Oil Heritage Region, Inc., the locally based private,
    nonprofit management corporation which shall oversee the development of
    a management plan in accordance with section 605(b).

    SEC. 604. <<NOTE: 16 USC 461 note.>> COMPACT.

        To carry out the purposes of this title, the Secretary shall enter
    into a compact with the management entity. The compact shall include
    information relating to the objectives and management of the area,
    including a discussion of the goals and objectives of the Heritage Area,
    including an explanation of the proposed approach to conservation and
    interpretation and a general outline of the protection measures
    committed to by the Secretary and management entity.

    SEC. 605. <<NOTE: 16 USC 461 note.>> 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;

    [[Page 118 STAT. 3370]]

                (2) takes into consideration existing State, county, and
            local plans and involves residents, public agencies, and private
            organizations working in the Heritage Area;
                (3) includes a description of actions that units of
            government and private organizations have agreed to take to
            protect the resources of the Heritage Area;
                (4) specifies the existing and potential sources of funding
            to protect, manage, and develop the Heritage Area;
                (5) includes an inventory of the resources contained in the
            Heritage Area, including a list of any property in the Heritage
            Area that is related to the themes of the Heritage Area and that
            should be preserved, restored, managed, developed, or maintained
            because of its natural, cultural, historic, recreational, or
            scenic significance;
                (6) describes a program for implementation of the management
            plan by the management entity, including plans for restoration
            and construction, and specific commitments for that
            implementation that have been made by the management entity and
            any other persons for the first 5 years of implementation;
                (7) lists any revisions to the boundaries of the Heritage
            Area proposed by the management entity and requested by the
            affected local government; and
                (8) includes an interpretation plan for the Heritage Area.

        (c) Deadline; Termination of Funding.--
                (1) Deadline.--The management entity shall submit the
            management plan to the Secretary within 2 years after the funds
            are made available for this title.
                (2) Termination of funding.--If a management plan is not
            submitted to the Secretary in accordance with this subsection,
            the management entity shall not qualify for Federal assistance
            under this title.

        (d) Duties of Management Entity.--The management entity shall--
                (1) give priority to implementing actions set forth in the
            compact and management plan;
                (2) assist units of government, regional planning
            organizations, and nonprofit organizations in--
                        (A) establishing and maintaining interpretive
                    exhibits in the Heritage Area;
                        (B) developing recreational resources in the
                    Heritage Area;
                        (C) increasing public awareness of and appreciation
                    for the natural, historical, and architectural resources
                    and sites in the Heritage Area;
                        (D) the restoration of any historic building
                    relating to the themes of the Heritage Area;
                        (E) ensuring that clear signs identifying access
                    points and sites of interest are put in place throughout
                    the Heritage Area; and
                        (F) carrying out other actions that the management
                    entity determines to be advisable to fulfill the
                    purposes of this title;
                (3) encourage by appropriate means economic viability in the
            Heritage Area consistent with the goals of the management plan;
                (4) consider the interests of diverse governmental,
            business, and nonprofit groups within the Heritage Area; and

    [[Page 118 STAT. 3371]]

                (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) <<NOTE: Reports.>> submit an annual report to
                    the Secretary setting forth accomplishments, expenses
                    and income, and each person to which any grant was made
                    by the management entity in the year for which the
                    report is made; and
                        (C) require, for all agreements entered into by the
                    management entity authorizing expenditure of Federal
                    funds by any other person, that the person making the
                    expenditure make available to the management entity for
                    audit all records pertaining to the expenditure of such
                    funds.

        (e) Prohibition on the Acquisition of Real Property.--The management
    entity may not use Federal funds received under this title to acquire
    real property or an interest in real property.

    SEC. 606. <<NOTE: 16 USC 461 note.>> DUTIES AND AUTHORITIES OF THE
                SECRETARY.

        (a) Technical and Financial Assistance.--
                (1) In general.--
                        (A) Overall assistance.--The Secretary may, upon the
                    request of the management entity, and subject to the
                    availability of appropriations, provide technical and
                    financial assistance to the management entity to carry
                    out its duties under this title, including updating and
                    implementing a management plan that is submitted under
                    section 605(b) and approved by the Secretary and, prior
                    to such approval, providing assistance for initiatives.
                        (B) Other assistance.--If the Secretary has the
                    resources available to provide technical assistance to
                    the management entity to carry out its duties under this
                    title (including updating and implementing a management
                    plan that is submitted under section 605(b) and approved
                    by the Secretary and, prior to such approval, providing
                    assistance for initiatives), upon the request of the
                    management entity the Secretary shall provide such
                    assistance on a reimbursable basis. This subparagraph
                    does not preclude the Secretary from providing
                    nonreimbursable assistance under subparagraph (A).
                (2) Priority.--In assisting the management entity, the
            Secretary shall give priority to actions that assist in the--
                        (A) implementation of the management plan;
                        (B) provision of educational assistance and advice
                    regarding land and water management techniques to
                    conserve the significant natural resources of the
                    region;
                        (C) development and application of techniques
                    promoting the preservation of cultural and historic
                    properties;
                        (D) preservation, restoration, and reuse of publicly
                    and privately owned historic buildings;
                        (E) design and fabrication of a wide range of
                    interpretive materials based on the management plan,
                    including guide brochures, visitor displays, audio-
                    visual and interactive exhibits, and educational
                    curriculum materials for public education; and
                        (F) implementation of initiatives prior to approval
                    of the management plan.

    [[Page 118 STAT. 3372]]

                (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 <<NOTE: Deadline.>> and Disapproval of Management
    Plans.--The Secretary, in consultation with the Governor of
    Pennsylvania, shall approve or disapprove a management plan submitted
    under this title not later than 90 days after receiving such plan. In
    approving the plan, the Secretary shall take into consideration the
    following criteria:
                (1) The extent to which the management plan adequately
            preserves and protects the natural, cultural, and historical
            resources of the Heritage Area.
                (2) The level of public participation in the development of
            the management plan.
                (3) The extent to which the board of directors of the
            management entity is representative of the local government and
            a wide range of interested organizations and citizens.

        (c) Action Following Disapproval.--If the Secretary disapproves a
    management plan, the Secretary shall advise the management entity in
    writing of the reasons for the disapproval and shall make
    recommendations for revisions in the management
    plan. <<NOTE: Deadline.>> The Secretary shall approve or disapprove a
    proposed revision within 90 days after the date it is submitted.

        (d) Approving Changes.--The Secretary shall review and approve
    amendments to the management plan under section 605(b) that make
    substantial changes. Funds appropriated under this title may not be
    expended to implement such changes until the Secretary approves the
    amendments.
        (e) Effect of Inaction.--If the Secretary does not approve or
    disapprove a management plan, revision, or change within 90 days after
    it is submitted to the Secretary, then such management plan, revision,
    or change shall be deemed to have been approved by the Secretary.

    SEC. 607. <<NOTE: 16 USC 461 note.>> DUTIES OF OTHER FEDERAL ENTITIES.

        Any Federal entity conducting or supporting activities directly
    affecting the Heritage Area shall--
                (1) consult with the Secretary and the management entity
            with respect to such activities;
                (2) cooperate with the Secretary and the management entity
            in carrying out their duties under this title and, to the
            maximum extent practicable, coordinate such activities with the
            carrying out of such duties; and
                (3) to the maximum extent practicable, conduct or support
            such activities in a manner that the management entity
            determines shall not have an adverse effect on the Heritage
            Area.

    SEC. 608. <<NOTE: 16 USC 461 note.>> 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.

    [[Page 118 STAT. 3373]]

    SEC. 609. <<NOTE: 16 USC 461 note.>> REQUIREMENTS FOR INCLUSION OF
                PRIVATE PROPERTY.

        (a) Notification and Consent of Property Owners Required.--No
    privately owned property shall be preserved, conserved, or promoted by
    the management plan for the Heritage Area until the owner of that
    private property has been notified in writing by the management entity
    and has given written consent for such preservation, conservation, or
    promotion to the management entity.
        (b) Landowner Withdraw.--Any owner of private property included
    within the boundary of the Heritage Area shall have their property
    immediately removed from the boundary by submitting a written request to
    the management entity.

    SEC. 610. <<NOTE: 16 USC 461 note.>> PRIVATE PROPERTY PROTECTION.

        (a) Access to Private Property.--Nothing in this title shall be
    construed to--
                (1) require any private property owner to allow public
            access (including Federal, State, or local government access) to
            such private property; or
                (2) modify any provision of Federal, State, or local law
            with regard to public access to or use of private property.

        (b) Liability.--Designation of the Heritage Area shall not be
    considered to create any liability, or to have any effect on any
    liability under any other law, of any private property owner with
    respect to any persons injured on such private property.
        (c) Recognition of Authority To Control Land Use.--Nothing in this
    title shall be construed to modify the authority of Federal, State, or
    local governments to regulate land use.
        (d) Participation of Private Property Owners in Heritage Area.--
    Nothing in this title shall be construed to require the owner of any
    private property located within the boundaries of the Heritage Area to
    participate in or be associated with the Heritage Area.
        (e) Effect of Establishment.--The boundaries designated for the
    Heritage Area represent the area within which Federal funds appropriated
    for the purpose of this title may be expended. The establishment of the
    Heritage Area and its boundaries shall not be construed to provide any
    nonexisting regulatory authority on land use within the Heritage Area or
    its viewshed by the Secretary, the National Park Service, or the
    management entity.

    SEC. 611. <<NOTE: 16 USC 461 note.>> USE OF FEDERAL FUNDS FROM OTHER
                SOURCES.

        Nothing in this title shall preclude the management entity from
    using Federal funds available under Acts other than this title for the
    purposes for which those funds were authorized.

    SEC. 612. <<NOTE: 16 USC 461 note.>> 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.

    [[Page 118 STAT. 3374]]

    TITLE VII--MISSISSIPPI <<NOTE: Mississippi Gulf Coast National Heritage
    Area Act. 16 USC 461 note.>> GULF COAST NATIONAL HERITAGE AREA ACT

    SEC. 701. SHORT TITLE.

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

    SEC. 702. <<NOTE: 16 USC 461 note.>> CONGRESSIONAL FINDINGS.

        Congress finds that--
                (1) the 6-county area in southern Mississippi located on the
            Gulf of Mexico and in the Mississippi Coastal Plain has a unique
            identity that is shaped by--
                        (A) the coastal and riverine environment; and
                        (B) the diverse cultures that have settled in the
                    area;
                (2) the area is rich with diverse cultural and historical
            significance, including--
                        (A) early Native American settlements; and
                        (B) Spanish, French, and English settlements
                    originating in the 1600s;
                (3) the area includes spectacular natural, scenic, and
            recreational resources;
                (4) there is broad support from local governments and other
            interested individuals for the establishment of the Mississippi
            Gulf Coast National Heritage Area to coordinate and assist in
            the preservation and interpretation of those resources;
                (5) the Comprehensive Resource Management Plan, coordinated
            by the Mississippi Department of Marine Resources--
                        (A) is a collaborative effort of the Federal
                    Government and State and local governments in the area;
                    and
                        (B) is a natural foundation on which to establish
                    the Heritage Area; and
                (6) establishment of the Heritage Area would assist local
            communities and residents in preserving the unique cultural,
            historical, and natural resources of the area.

    SEC. 703. <<NOTE: 16 USC 461 note.>> DEFINITIONS.

        In this Act:
                (1) Heritage area.--The term ``Heritage Area'' means the
            Mississippi Gulf Coast National Heritage Area established by
            section 4(a).
                (2) Coordinating entity.--The term ``coordinating entity''
            means the coordinating entity for the Heritage Area designated
            by section 4(c).
                (3) Management plan.--The term ``management plan'' means the
            management plan for the Heritage Area developed under section 5.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (5) State.--The term ``State'' means the State of
            Mississippi.

    SEC. 704. <<NOTE: 16 USC 461 note.>> 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.--

    [[Page 118 STAT. 3375]]

                (1) In general.--The Mississippi Department of Marine
            Resources, in consultation with the Mississippi Department of
            Archives and History, shall serve as the coordinating entity for
            the Heritage Area.
                (2) Oversight committee.--The coordinating entity shall
            ensure that each of the 6 counties included in the Heritage Area
            is appropriately represented on any oversight committee.

    SEC. 705. <<NOTE: 16 USC 461 note.>> MANAGEMENT PLAN.

        (a) In General.--Not <<NOTE: Deadline.>> later than 3 years after
    the date of enactment of this Act, the coordinating entity shall develop
    and submit to the Secretary a management plan for the Heritage Area.

        (b) Requirements.--The management plan shall--
                (1) provide recommendations for the conservation, funding,
            management, interpretation, and development of the cultural,
            historical, archaeological, natural, and recreational resources
            of the Heritage Area;
                (2) identify sources of funding for the Heritage Area;
                (3) include--
                        (A) an inventory of the cultural, historical,
                    archaeological, natural, and recreational resources of
                    the Heritage Area; and
                        (B) an analysis of ways in which Federal, State,
                    tribal, and local programs may best be coordinated to
                    promote the purposes of this Act;
                (4) provide recommendations for educational and interpretive
            programs to inform the public about the resources of the
            Heritage Area; and
                (5) involve residents of affected communities and tribal and
            local governments.

        (c) Failure to Submit.--If a management plan is not submitted to the
    Secretary by the date specified in subsection (a), the Secretary shall
    not provide any additional funding under this Act until a management
    plan for the Heritage Area is submitted to the Secretary.
        (d) Approval or Disapproval of the Management Plan.--
                (1) In general.--Not later than 90 days after receipt of the
            management plan under subsection (a), the Secretary shall
            approve or disapprove the management plan.
                (2) Action following disapproval.--If the Secretary
            disapproves a management plan under paragraph (1), the Secretary
            shall--
                        (A) advise the coordinating entity in writing of the
                    reasons for disapproval;
                        (B) make recommendations for revision of the
                    management plan; and
                        (C) allow the coordinating entity to submit to the
                    Secretary revisions to the management plan.

        (e) Revision.--After approval by the Secretary of the management
    plan, the coordinating entity shall periodically--
                (1) review the management plan; and
                (2) submit to the Secretary, for review and approval by the
            Secretary, any recommendations for revisions to the management
            plan.

    SEC. 706. <<NOTE: 16 USC 461 note.>> AUTHORITIES AND DUTIES OF
                COORDINATING ENTITY.

        (a) Authorities.--For purposes of developing and implementing the
    management plan and otherwise carrying out this

    [[Page 118 STAT. 3376]]

    Act, the coordinating entity may make grants to and provide technical
    assistance to tribal and local governments, and other public and private
    entities.
        (b) Duties.--In addition to developing the management plan under
    section 5, in carrying out this Act, the coordinating entity shall--
                (1) implement the management plan; and
                (2) assist local and tribal governments and non-profit
            organizations in--
                        (A) establishing and maintaining interpretive
                    exhibits in the Heritage Area;
                        (B) developing recreational resources in the
                    Heritage Area;
                        (C) increasing public awareness of, and appreciation
                    for, the cultural, historical, archaeological, and
                    natural resources of the Heritage Area;
                        (D) restoring historic structures that relate to the
                    Heritage Area; and
                        (E) carrying out any other activity that the
                    coordinating entity determines to be appropriate to
                    carry out this Act, consistent with the management plan;
                (3) conduct public meetings at least annually regarding the
            implementation of the management plan; and
                (4) for any fiscal year for which Federal funds are made
            available under section 9--
                        (A) <<NOTE: Reports.>> submit to the Secretary a
                    report that describes, for the fiscal year, the actions
                    of the coordinating entity in carrying out this Act;
                        (B) make available to the Secretary for audit all
                    records relating to the expenditure of funds and any
                    matching funds; and
                        (C) require, for all agreements authorizing the
                    expenditure of Federal funds by any entity, that the
                    receiving entity make available to the Secretary for
                    audit all records relating to the expenditure of the
                    funds.

        (c) Prohibition on Acquisition of Real Property.--The coordinating
    entity shall not use Federal funds made available under this Act to
    acquire real property or any interest in real property.

    SEC. 707. <<NOTE: 16 USC 461 note.>> TECHNICAL AND FINANCIAL ASSISTANCE;
                OTHER FEDERAL AGENCIES.

        (a) In General.--On the request of the coordinating entity, the
    Secretary may provide technical and financial assistance to the
    coordinating entity for use in the development and implementation of the
    management plan.
        (b) Prohibition of Certain Requirements.--The Secretary may not, as
    a condition of the provision of technical or financial assistance under
    this section, require any recipient of the assistance to impose or
    modify any land use restriction or zoning ordinance.

    SEC. 708. <<NOTE: 16 USC 461 note.>> 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;

    [[Page 118 STAT. 3377]]

                (2) restricts an Indian tribe from protecting cultural or
            religious sites on tribal land;
                (3) modifies, enlarges, or diminishes the authority of any
            State, tribal, or local government to regulate any use of land
            under any other law (including regulations);
                (4)(A) modifies, enlarges, or diminishes the authority of
            the State to manage fish and wildlife in the Heritage Area,
            including the regulation of fishing and hunting; or
                (B) authorizes the coordinating entity to assume any
            management authorities over such lands; or
                (5) diminishes the trust responsibilities or government-to-
            government obligations of the United States to any federally
            recognized Indian tribe.

    SEC. 709. <<NOTE: 16 USC 461 note.>> AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There is authorized to be appropriated to carry out
    this Act $10,000,000, of which not more than $1,000,000 may be made
    available for any fiscal year.
        (b) Cost-Sharing Requirement.--The Federal share of the total cost
    of any activity assisted under this Act shall be not more than 50
    percent.

     VIII--FEDERAL <<NOTE: Federal Lands Recreation Enhancement Act. 16 USC
    6801 note.>> LANDS RECREATION ENHANCEMENT ACT

    SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.

        (a) Short Title.--This title may be cited as the ``Federal Lands
    Recreation Enhancement Act''.
        (b) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 801. Short title and table of contents.
    Sec. 802. Definitions.
    Sec. 803. Recreation fee authority.
    Sec. 804. Public participation.
    Sec. 805. Recreation passes.
    Sec. 806. Cooperative agreements.
    Sec. 807. Special account and distribution of fees and revenues.
    Sec. 808. Expenditures.
    Sec. 809. Reports.
    Sec. 810. Sunset provision.
    Sec. 811. Volunteers.
    Sec. 812. Enforcement and protection of receipts.
    Sec. 813. Repeal of superseded admission and use fee authorities.
    Sec. 814. Relation to other laws and fee collection authorities.
    Sec. 815. Limitation on use of fees for employee bonuses.

    SEC. 802. <<NOTE: 16 USC 6801.>> DEFINITIONS.

        In this Act:
                (1) Standard amenity recreation fee.--The term ``standard
            amenity recreation fee'' means the recreation fee authorized by
            section 3(f).
                (2) Expanded amenity recreation fee.--The term ``expanded
            amenity recreation fee'' means the recreation fee authorized by
            section 3(g).
                (3) Entrance fee.--The term ``entrance fee'' means the
            recreation fee authorized to be charged to enter onto lands
            managed by the National Park Service or the United States Fish
            and Wildlife Service.
                (4) Federal land management agency.--The term ``Federal land
            management agency'' means the National Park Service, the United
            States Fish and Wildlife Service, the Bureau

    [[Page 118 STAT. 3378]]

            of Land Management, the Bureau of Reclamation, or the Forest
            Service.
                (5) Federal recreational lands and waters.--The term
            ``Federal recreational lands and waters'' means lands or waters
            managed by a Federal land management agency.
                (6) National parks and federal recreational lands pass.--The
            term ``National Parks and Federal Recreational Lands Pass''
            means the interagency national pass authorized by section 5.
                (7) Passholder.--The term ``passholder'' means the person
            who is issued a recreation pass.
                (8) Recreation fee.--The term ``recreation fee'' means an
            entrance fee, standard amenity recreation fee, expanded amenity
            recreation fee, or special recreation permit fee.
                (9) Recreation pass.--The term ``recreation pass'' means the
            National Parks and Federal Recreational Lands Pass or one of the
            other recreation passes available as authorized by section 5.
                (10) Secretary.--The term ``Secretary'' means--
                        (A) the Secretary of the Interior, with respect to a
                    Federal land management agency (other than the Forest
                    Service); and
                        (B) the Secretary of Agriculture, with respect to
                    the Forest Service.
                (11) Secretaries.--The term ``Secretaries'' means the
            Secretary of the Interior and the Secretary of Agriculture
            acting jointly.
                (12) Special account.--The term ``special account'' means
            the special account established in the Treasury under section 7
            for a Federal land management agency.
                (13) Special recreation permit fee.--The term ``special
            recreation permit fee'' means the fee authorized by section
            3(h).

    SEC. 803. <<NOTE: 16 USC 6802.>> 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.

    [[Page 118 STAT. 3379]]

        (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.

    [[Page 118 STAT. 3380]]

                        (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:

    [[Page 118 STAT. 3381]]

                              (i) Designated developed parking.
                              (ii) A permanent toilet facility.
                              (iii) A permanent trash receptacle.
                              (iv) Interpretive sign, exhibit, or kiosk.
                              (v) Picnic tables.
                              (vi) Security services.

        (g) Expanded Amenity Recreation Fee.--
                (1) NPS and usfws authority.--Except as limited by
            subsection (d), the Secretary of the Interior may charge an
            expanded amenity recreation fee, either in addition to an
            entrance fee or by itself, at Federal recreational lands and
            waters under the jurisdiction of the National Park Service or
            the United States Fish and Wildlife Service when the Secretary
            of the Interior determines that the visitor uses a specific or
            specialized facility, equipment, or service.
                (2) Other federal land management agencies.--Except as
            limited by subsection (d), the Secretary may charge an expanded
            amenity recreation fee, either in addition to a standard amenity
            fee or by itself, at Federal recreational lands and waters under
            the jurisdiction of the Forest Service, the Bureau of Land
            Management, or the Bureau of Reclamation, but only for the
            following facilities or services:
                        (A) Use of developed campgrounds that provide at
                    least a majority of the following:
                              (i) Tent or trailer spaces.
                              (ii) Picnic tables.
                              (iii) Drinking water.
                              (iv) Access roads.
                              (v) The collection of the fee by an employee
                          or agent of the Federal land management agency.
                              (vi) Reasonable visitor protection.
                              (vii) Refuse containers.
                              (viii) Toilet facilities.
                              (ix) Simple devices for containing a campfire.
                        (B) Use of highly developed boat launches with
                    specialized facilities or services such as mechanical or
                    hydraulic boat lifts or facilities, multi-lane paved
                    ramps, paved parking, restrooms and other improvements
                    such as boarding floats, loading ramps, or fish cleaning
                    stations.
                        (C) Rental of cabins, boats, stock animals,
                    lookouts, historic structures, group day-use or
                    overnight sites, audio tour devices, portable sanitation
                    devices, binoculars or other equipment.
                        (D) Use of hookups for electricity, cable, or sewer.
                        (E) Use of sanitary dump stations.
                        (F) Participation in an enhanced interpretive
                    program or special tour.
                        (G) Use of reservation services.
                        (H) Use of transportation services.
                        (I) Use of areas where emergency medical or first-
                    aid services are administered from facilities staffed by
                    public employees or employees under a contract or
                    reciprocal agreement with the Federal Government.
                        (J) Use of developed swimming sites that provide at
                    least a majority of the following:
                              (i) Bathhouse with showers and flush toilets.
                              (ii) Refuse containers.

    [[Page 118 STAT. 3382]]

                              (iii) Picnic areas.
                              (iv) Paved parking.
                              (v) Attendants, including lifeguards.
                              (vi) Floats encompassing the swimming area.
                              (vii) Swimming deck.

        (h) Special Recreation Permit Fee.--The Secretary may issue a
    special recreation permit, and charge a special recreation permit fee in
    connection with the issuance of the permit, for specialized recreation
    uses of Federal recreational lands and waters, such as group activities,
    recreation events, motorized recreational vehicle use.

    SEC. 804. <<NOTE: 16 USC 6803.>> 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 <<NOTE: Federal
    Register, publication.>> 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) <<NOTE: Guidelines.>> 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) <<NOTE: Federal Register, publication.>> 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

    [[Page 118 STAT. 3383]]

                    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 <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 3384]]

                                        (V) Hunting and fishing.
                              (ii) Three persons who represent interest
                          groups that include, as appropriate, the
                          following:
                                        (I) Motorized outfitters and guides.
                                        (II) Non-motorized outfitters and
                                    guides.
                                        (III) Local environmental groups.
                              (iii) Three persons, as follows:
                                        (I) State tourism official to
                                    represent the State.
                                        (II) A person who represents
                                    affected Indian tribes.
                                        (III) A person who represents
                                    affected local government interests.
                (6) Term.--
                        (A) Length of term.--The Secretary shall appoint the
                    members of a Recreation Resource Advisory Committee for
                    staggered terms of 2 and 3 years beginning on the date
                    that the members are first appointed. The Secretary may
                    reappoint members to subsequent 2- or 3-year terms.
                        (B) Effect of vacancy.--The Secretary shall make
                    appointments to fill a vacancy on a Recreation Resource
                    Advisory Committee as soon as practicable after the
                    vacancy has occurred.
                        (C) Effect of unexpected vacancy.--Where an
                    unexpected vacancy occurs, the Governor and the
                    designated county officials from each county in the
                    relevant State shall provide the Secretary with a list
                    of nominations in the relevant category, as described
                    under paragraph (5)(D), not later than two months after
                    notification of the vacancy. To the extent possible, a
                    vacancy shall be filled in the same category and term in
                    which the original appointment was made.
                (7) Chairperson.--The chairperson of a Recreation Resource
            Advisory Committee shall be selected by the majority vote of the
            members of the Committee.
                (8) Quorum.--Eight members shall constitute a quorum. A
            quorum must be present to constitute an official meeting of a
            Recreation Resource Advisory Committee.
                (9) Approval procedures.--A Recreation Resource Advisory
            Committee shall establish procedures for making recommendations
            to the Secretary. A recommendation may be submitted to the
            Secretary only if the recommendation is approved by a majority
            of the members of the Committee from each of the categories
            specified in paragraph (5)(D) and general public support for the
            recommendation is documented.
                (10) Compensation.--Members of the Recreation Resource
            Advisory Committee shall not receive any compensation.
                (11) Public participation in the recreation resource
            advisory committee.--
                        (A) Notice of meetings.--
                    All <<NOTE: Newspaper, publication. Federal
                    Register, publication.>> 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 <<NOTE: Public
                    information.>> Recreation Resource Advisory Committee
                    shall maintain records of the meetings of the Recreation
                    Resource Advisory Committee and make the records
                    available for public inspection.

    [[Page 118 STAT. 3385]]

                (12) Federal advisory committee act.--A Recreation Resource
            Advisory Committee is subject to the provisions of the Federal
            Advisory Committee Act (5 U.S.C. App.).

        (e) Miscellaneous Administrative Provisions Regarding Recreation
    Fees and Recreation Passes.--
                (1) Notice of entrance fees, standard amenity recreation
            fees, and passes.--The Secretary shall post clear notice of any
            entrance fee, standard amenity recreation fee, and available
            recreation passes at appropriate locations in each unit or area
            of a Federal land management agency where an entrance fee or a
            standard amenity recreation fee is charged. The Secretary shall
            include such notice in publications distributed at the unit or
            area.
                (2) Notice of recreation fee projects.--To the extent
            practicable, the Secretary shall post clear notice of locations
            where work is performed using recreation fee or recreation pass
            revenues collected under this Act.

    SEC. 805. <<NOTE: 16 USC 6804.>> RECREATION PASSES.

        (a) America the Beautiful--the National Parks and Federal
    Recreational Lands Pass.--
                (1) Availability and use.--The Secretaries shall establish,
            and may charge a fee for, an interagency national pass to be
            known as the ``America the Beautiful--the National Parks and
            Federal Recreational Lands Pass'', which shall cover the
            entrance fee and standard amenity recreation fee for all Federal
            recreational lands and waters for which an entrance fee or a
            standard amenity recreation fee is charged.
                (2) Image competition for recreation pass.--The Secretaries
            shall hold an annual competition to select the image to be used
            on the National Parks and Federal Recreational Lands Pass for a
            year. The competition shall be open to the public and used as a
            means to educate the American people about Federal recreational
            lands and waters.
                (3) Notice of establishment.--The <<NOTE: Federal
            Register, publication.>> 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.

    [[Page 118 STAT. 3386]]

                        (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.

    [[Page 118 STAT. 3387]]

                (2) Regional multientity pass agreement.--In order to
            establish a regional multientity pass under this subsection, the
            Secretary shall enter into a regional multientity pass agreement
            with all the participating agencies or entities on price, the
            distribution of revenues between participating agencies or
            entities, the sharing of costs, benefits provided, marketing and
            design, and the issuance of the pass to volunteers. The
            Secretary shall take into consideration all relevant visitor and
            sales data available when entering into this agreement.

        (e) Discounted or Free Admission Days or Use.--The Secretary may
    provide for a discounted or free admission day or use of Federal
    recreational lands and waters.
        (f) Effect on Existing Passports and Permits.--
                (1) Existing passports.--A passport issued under section 4
            of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
            460l-6a) or title VI of the National Parks Omnibus Management
            Act of 1998 (Public Law 105-391; 16 U.S.C. 5991-5995), such as
            the Golden Eagle Passport, the Golden Age Passport, the Golden
            Access Passport, and the National Parks Passport, that was valid
            on the day before the publication of the Federal Register notice
            required under subsection (a)(3) shall be valid in accordance
            with the terms agreed to at the time of issuance of the
            passport, to the extent practicable, and remain in effect until
            expired, lost, or stolen.
                (2) Permits.--A permit issued under section 4 of the Land
            and Water Conservation Fund Act of 1965 that was valid on the
            day before the date of the enactment of this Act shall be valid
            and remain in effect until expired, revoked, or suspended.

    SEC. 806. <<NOTE: 16 USC 6805.>> 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.

    [[Page 118 STAT. 3388]]

    SEC. 807. <<NOTE: 16 USC 6806.>> SPECIAL ACCOUNT AND DISTRIBUTION OF
                FEES AND REVENUES.

        (a) Special Account.--The Secretary of the Treasury shall establish
    a special account in the Treasury for each Federal land management
    agency.
        (b) Deposits.--Subject to subsections (c), (d), and (e), revenues
    collected by each Federal land management agency under this Act shall--
                (1) be deposited in its special account; and
                (2) remain available for expenditure, without further
            appropriation, until expended.

        (c) Distribution of Recreation Fees and Single-Site Agency Pass
    Revenues.--
                (1) Local distribution of funds.--
                        (A) Retention of revenues.--Not less than 80 percent
                    of the recreation fees and site-specific agency pass
                    revenues collected at a specific unit or area of a
                    Federal land management agency shall remain available
                    for expenditure, without further appropriation, until
                    expended at that unit or area.
                        (B) Reduction.--The Secretary may reduce the
                    percentage allocation otherwise applicable under
                    subparagraph (A) to a unit or area of a Federal land
                    management agency, but not below 60 percent, for a
                    fiscal year if the Secretary determines that the
                    revenues collected at the unit or area exceed the
                    reasonable needs of the unit or area for which
                    expenditures may be made for that fiscal year.
                (2) Agency-wide distribution of funds.--The balance of the
            recreation fees and site-specific agency pass revenues collected
            at a specific unit or area of a Federal land management and not
            distributed in accordance with paragraph (1) shall remain
            available to that Federal land management agency for expenditure
            on an agency-wide basis, without further appropriation, until
            expended.
                (3) Other amounts.--Other amounts collected at other
            locations, including recreation fees collected by other entities
            or for a reservation service, shall remain available, without
            further appropriation, until expended in accordance with
            guidelines established by the Secretary.

        (d) Distribution of National Parks and Federal Recreational Lands
    Pass Revenues.--Revenues collected from the sale of the National Parks
    and Federal Recreational Lands Pass shall be deposited in the special
    accounts established for the Federal land management agencies in
    accordance with the guidelines issued under section 5(a)(7).
        (e) Distribution of Regional Multientity Pass Revenues.--Revenues
    collected from the sale of a regional multientity pass authorized under
    section 5(d) shall be deposited in each participating Federal land
    management agency's special account in accordance with the terms of the
    region multientity pass agreement for the regional multientity pass.

    SEC. 808. <<NOTE: 16 USC 6807.>> EXPENDITURES.

        (a) Use of Fees at Specific Site or Area.--Amounts available for
    expenditure at a specific site or area--

    [[Page 118 STAT. 3389]]

                (1) shall be accounted for separately from the amounts
            collected;
                (2) may be distributed agency-wide; and
                (3) shall be used only for--
                        (A) repair, maintenance, and facility enhancement
                    related directly to visitor enjoyment, visitor access,
                    and health and safety;
                        (B) interpretation, visitor information, visitor
                    service, visitor needs assessments, and signs;
                        (C) habitat restoration directly related to
                    wildlife-dependent recreation that is limited to
                    hunting, fishing, wildlife observation, or photography;
                        (D) law enforcement related to public use and
                    recreation;
                        (E) direct operating or capital costs associated
                    with the recreation fee program; and
                        (F) a fee management agreement established under
                    section 6(a) or a visitor reservation service.

        (b) Limitation on Use of Fees.--The Secretary may not use any
    recreation fees for biological monitoring on Federal recreational lands
    and waters under the Endangered Species Act of 1973 for listed or
    candidate species.
        (c) Administration, Overhead, and Indirect Costs.--The Secretary may
    use not more than an average of 15 percent of total revenues collected
    under this Act for administration, overhead, and indirect costs related
    to the recreation fee program by that Secretary.
        (d) Transitional Exception.--Notwithstanding any other provision of
    this Act, the Secretary may use amounts available in the special account
    of a Federal land management agency to supplement administration and
    marketing costs associated with--
                (1) the National Parks and Federal Recreational Lands Pass
            during the 5-year period beginning on the date the joint
            guidelines are issued under section 5(a)(7); and
                (2) a regional multientity pass authorized section 5(d)
            during the 5-year period beginning on the date the regional
            multientity pass agreement for that recreation pass takes
            effect.

    SEC. 809. <<NOTE: 16 USC 6808.>> REPORTS.

        Not later than May 1, 2006, and every 3 years thereafter, the
    Secretary shall submit to Congress a report detailing the status of the
    recreation fee program conducted for Federal recreational lands and
    waters, including an evaluation of the recreation fee program, examples
    of projects that were funded using such fees, and future projects and
    programs for funding with fees, and containing any recommendations for
    changes in the overall fee system.

    SEC. 810. <<NOTE: 16 USC 6809.>> SUNSET PROVISION.

        The authority of the Secretary to carry out this Act shall terminate
    10 years after the date of the enactment of this Act.

    SEC. 811. <<NOTE: 16 USC 6810.>> 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

    [[Page 118 STAT. 3390]]

    an expanded amenity recreation fee that would otherwise apply to the
    volunteer or issue to the volunteer a site-specific agency pass
    authorized under section 5(c).
        (c) National Parks and Federal Recreational Lands Pass.--In
    accordance with the guidelines issued under section 5(a)(7), the
    Secretaries may issue a National Parks and Federal Recreational Lands
    Pass to a volunteer in exchange for significant volunteer services
    performed by the volunteer.
        (d) Regional Multientity Passes.--The Secretary may issue a regional
    multientity pass authorized under section 5(d) to a volunteer in
    exchange for significant volunteer services performed by the volunteer,
    if the regional multientity pass agreement under which the regional
    multientity pass was established provides for the issuance of the pass
    to volunteers.

    SEC. 812. <<NOTE: 16 USC 6811.>> ENFORCEMENT AND PROTECTION OF RECEIPTS.

        (a) Enforcement Authority.--The Secretary concerned shall enforce
    payment of the recreation fees authorized by this Act.
        (b) Evidence of Nonpayment.--If the display of proof of payment of a
    recreation fee, or the payment of a recreation fee within a certain time
    period is required, failure to display such proof as required or to pay
    the recreation fee within the time period specified shall constitute
    nonpayment.
        (c)  Joint Liability.--The registered owner and any occupant of a
    vehicle charged with a nonpayment violation involving the vehicle shall
    be jointly liable for penalties imposed under this section, unless the
    registered owner can show that the vehicle was used without the
    registered owner's express or implied permission.
        (d) Limitation on Penalties.--The failure to pay a recreation fee
    established under this Act shall be punishable as a Class A or Class B
    misdemeanor, except that in the case of a first offense of nonpayment,
    the fine imposed may not exceed $100, notwithstanding section 3571(e) of
    title 18, United States Code.

    SEC. 813. <<NOTE: 16 USC 6812.>> REPEAL OF SUPERSEDED ADMISSION AND USE
                FEE AUTHORITIES.

        (a) Land and <<NOTE: Federal Register, publication.>> 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 <<NOTE: 16 USC 460l-6a.>> 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), <<NOTE: 16 USC 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 <<NOTE: Effective date.>> 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

    [[Page 118 STAT. 3391]]

    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.

    [[Page 118 STAT. 3392]]

    SEC. 814. <<NOTE: 16 USC 6813.>> 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.

    [[Page 118 STAT. 3393]]

        (d) Sole Recreation Fee Authority.--Recreation fees charged under
    this Act shall be in lieu of fees charged for the same purposes under
    any other provision of law.
        (e) Fees Charged by Third Parties.--Notwithstanding any other
    provision of this Act, a third party may charge a fee for providing a
    good or service to a visitor of a unit or area of the Federal land
    management agencies in accordance with any other applicable law or
    regulation.
        (f) Migratory Bird Hunting Stamp Act.--Revenues from the stamp
    established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.;
    commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp
    Act), shall not be covered by this Act.

    SEC. 815. <<NOTE: 16 USC 6814.>> LIMITATION ON USE OF FEES FOR EMPLOYEE
                BONUSES.

        Notwithstanding any other provision of law, fees collected under the
    authorities of the Act may not be used for employee bonuses.

        TITLE IX--SATELLITE <<NOTE: Satellite Home Viewer Extension and
    Reauthorization Act of 2004.>> HOME VIEWER EXTENSION AND REAUTHORIZATION
    ACT OF 2004

    SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

        (a) Short Titles.--This <<NOTE: 17 USC 101 note.>> 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.

    [[Page 118 STAT. 3394]]

                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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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).

    [[Page 118 STAT. 3395]]

                              ``(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 <<NOTE: Applicability.>> 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 <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 3396]]

                              ``(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. <<NOTE: Public
                          information. Records.>> 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 <<NOTE: Applicability.>> 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) <<NOTE: Applicability.>> 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.--

    [[Page 118 STAT. 3397]]

                              ``(i) In general.--
                          A <<NOTE: Deadlines.>> subscriber who is denied
                          the secondary transmission of the primary
                          transmission of a network station under
                          subparagraph (B) may request a waiver from such
                          denial by submitting a request, through the
                          subscriber's satellite carrier, to the network
                          station in the local market affiliated with the
                          same network where the subscriber is located. The
                          network station shall accept or reject the
                          subscriber's request for a waiver within 30 days
                          after receipt of the request. If the network
                          station fails to accept or reject the subscriber's
                          request for a waiver within that 30-day period,
                          that network station shall be deemed to agree to
                          the waiver request. Unless specifically stated by
                          the network station, a waiver that was granted
                          before the date of the enactment of the Satellite
                          Home Viewer Extension and Reauthorization Act of
                          2004 under section 339(c)(2) of the Communications
                          Act of 1934 shall not constitute a waiver for
                          purposes of this subparagraph.
                              ``(ii) Sunset.--The authority under clause (i)
                          to grant waivers shall terminate on December 31,
                          2008, and any such waiver in effect shall
                          terminate on that date.'';
                (7) in paragraph (2)(B)(i), by adding at the end the
            following new sentence: ``The limitation in this clause shall
            not apply to secondary transmissions under paragraph (3).''.

    SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL
                MARKETS.

        Section 119 of title 17, United States Code, is amended as follows:
                (1) Subsection (a) is amended by inserting after paragraph
            (3), as added by section 102 of this Act, the following:
                ``(4) Statutory license where retransmissions into local
            market available.--
                        ``(A) Rules for subscribers to analog signals under
                    subsection (e).--
                              ``(i) For those receiving distant analog
                          signals.--In the case of a subscriber of a
                          satellite carrier who is eligible to receive the
                          secondary transmission of the primary analog
                          transmission of a network station solely by reason
                          of subsection (e) (in this subparagraph referred
                          to as a `distant analog signal'), and who, as of
                          October 1, 2004, is receiving the distant analog
                          signal of that network station, the following
                          shall apply:
                                        ``(I) <<NOTE: Applicability.>> 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--

    [[Page 118 STAT. 3398]]

                                            ``(aa) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> Notwithstandin
                                    g 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 <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3399]]

                          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) <<NOTE: Deadline.>> 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 <<NOTE: Applicability.>> 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

    [[Page 118 STAT. 3400]]

                    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 <<NOTE: Deadline.>> 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. <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3401]]

                    each secondary transmission of each superstation or
                    network station during each calendar month by the
                    appropriate rate in effect under this section.''.
                (4) Subsection (b)(1) is further amended by adding at the
            end the following flush sentence: ``Notwithstanding the
            provisions of subparagraph (B), a satellite carrier whose
            secondary transmissions are subject to statutory licensing under
            paragraph (1) or (2) of subsection (a) shall have no royalty
            obligation for secondary transmissions to a subscriber under
            paragraph (3) of such subsection.''.
                (5) Subsection (c) is amended to read as follows:

        ``(c) Adjustment of Royalty Fees.--
                ``(1) Applicability and determination of royalty fees for
            analog signals.--
                        ``(A) Initial fee.--The appropriate fee for purposes
                    of determining the royalty fee under subsection
                    (b)(1)(B) for the secondary transmission of the primary
                    analog transmissions of network stations and
                    superstations shall be the appropriate fee set forth in
                    part 258 of title 37, Code of Federal Regulations, as in
                    effect on July 1, 2004, as modified under this
                    paragraph.
                        ``(B) Fee set <<NOTE: Deadline. Federal
                    Register, publication.>> 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 <<NOTE: Regulations. Deadline.>> 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) <<NOTE: Federal
                    Register, publication. Deadline.>> 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).

    [[Page 118 STAT. 3402]]

                        ``(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 <<NOTE: Federal
                          Register, publication. Deadline.>> 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

    [[Page 118 STAT. 3403]]

                          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) <<NOTE: Notice. Deadline.>> 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

    [[Page 118 STAT. 3404]]

                              ``(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 <<NOTE: Applicability.>> 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.

    [[Page 118 STAT. 3405]]

                        ``(C) No applicability to repeaters and
                    translators.--Secondary transmissions provided for in
                    subparagraph (A) shall not apply to any low power
                    television station that retransmits the programs and
                    signals of another television station for more than 2
                    hours each day.
                        ``(D) Royalty fees.--Notwithstanding subsection
                    (b)(1)(B), a satellite carrier whose secondary
                    transmissions of the primary transmissions of a low
                    power television station are subject to statutory
                    licensing under this section shall have no royalty
                    obligation for secondary transmissions to a subscriber
                    who resides within 35 miles of the transmitter site of
                    such station, except that in the case of such a station
                    located in a standard metropolitan statistical area
                    which has 1 of the 50 largest populations of all
                    standard metropolitan statistical areas (based on the
                    1980 decennial census of population taken by the
                    Secretary of Commerce), the number of miles shall be 20.
                    Carriage of a superstation that is a low power
                    television station within the station's local market,
                    but outside of the 35-mile or 20-mile radius described
                    in the preceding sentence, shall be subject to royalty
                    payments under subsection (b)(1)(B).
                        ``(E) Limitation to subscribers taking local-into-
                    local service.--Secondary transmissions provided for in
                    subparagraph (A) may be made only to subscribers who
                    receive secondary transmissions of primary transmissions
                    from that satellite carrier pursuant to the statutory
                    license under section 122, and only in conformity with
                    the requirements under 340(b) of the Communications Act
                    of 1934, as in effect on the date of the enactment of
                    the Satellite Home Viewer Extension and Reauthorization
                    Act of 2004.''.

    SEC. 105. DEFINITIONS.

        Section 119(d) of title 17, United States Code, is amended--
                (1) in paragraph (2)(A), by striking ``a television
            broadcast station'' and inserting ``a television station
            licensed by the Federal Communications Commission'';
                (2) by amending paragraph (9) to read as follows:
                ``(9) Superstation.--The term `superstation' means a
            television station, other than a network station, licensed by
            the Federal Communications Commission, that is secondarily
            transmitted by a satellite carrier.'';
                (3) in paragraph (10)--
                        (A) in subparagraph (B), by striking ``granted under
                    regulations established under section 339(c)(2) of the
                    Communications Act of 1934'' and inserting ``that meets
                    the standards of subsection (a)(14) whether or not the
                    waiver was granted before the date of the enactment of
                    the Satellite Home Viewer Extension and Reauthorization
                    Act of 2004''; and
                        (B) in subparagraph (D), by striking ``(a)(11)'' and
                    inserting ``(a)(12)''; and
                (4) by striking paragraphs (11) and (12) and inserting the
            following:
                ``(11) Local market.--The term `local market' has the
            meaning given such term under section 122(j), except that with
            respect to a low power television station, the term `local

    [[Page 118 STAT. 3406]]

            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. <<NOTE: 17 USC 119 note.>> 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''.

    [[Page 118 STAT. 3407]]

    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 <<NOTE: Deadline.>> 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. <<NOTE: Deadline. Reports.>> 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

    [[Page 118 STAT. 3408]]

            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. <<NOTE: Deadline. Reports.>> 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.''.

    [[Page 118 STAT. 3409]]

        (b) Extra DMA Deemed Local.--Section 122(j)(2) of title 17, United
    States Code, is amended by adding at the end thereof the following:
                        ``(D) Certain areas outside of any designated market
                    area.--Any census area, borough, or other area in the
                    State of Alaska that is outside of a designated market
                    area, as determined by Nielsen Media Research, shall be
                    deemed to be part of one of the local markets in the
                    State of Alaska. A satellite carrier may determine which
                    local market in the State of Alaska will be deemed to be
                    the relevant local market in connection with each
                    subscriber in such census area, borough, or other
                    area.''.

    SEC. 112. TECHNICAL AMENDMENT.

        Section 803(b)(1)(A)(i)(V) of title 17, United States Code, as
    amended by the Copyright Royalty and Distribution Reform Act of 2004, is
    amended by inserting before the period at the end the following: ``,
    except that in the case of proceedings under section 111 that are
    scheduled to commence in 2005, such notice may not be published.

             TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

    SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.

        Section 325(b)(2)(C) of the Communications Act of 1934 (47 U.S.C.
    325(b)(2)(C)) is amended by striking ``December 31, 2004'' and inserting
    ``December 31, 2009''.

    SEC. 202. CABLE/SATELLITE COMPARABILITY.

        (a) Amendment.--Part I of title III of the Communications Act of
    1934 is amended by inserting after section 339 (47 U.S.C. 339) the
    following new section:

    ``SEC. 340. <<NOTE: 47 USC 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

    [[Page 118 STAT. 3410]]

            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 <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>> within 60 days after the
                    date of enactment of the Satellite Home Viewer Extension
                    and Reauthorization Act of 2004--
                              ``(i) publish a list of the stations that are
                          eligible for retransmission under subsection
                          (a)(1) and the communities in which such stations
                          are eligible for such retransmission; and
                              ``(ii) commence a rulemaking proceeding to
                          implement this section by publication of a notice
                          of proposed rulemaking;
                        ``(B) adopt rules pursuant to such rulemaking within
                    1 year after such date of enactment.
                ``(2) Public availability of list.--The Commission shall
            make readily available to the public in electronic form, on the
            Internet website of the Commission or other comparable

    [[Page 118 STAT. 3411]]

            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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3412]]

                    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 <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> elections.--The Commission shall,
            no later than October 30, 2005, revise section 76.66 of its
            regulations (47 CFR 76.66), concerning satellite broadcast
            signal carriage, to permit (at the next cycle of elections under
            section 325) a television broadcast station that is located in a
            local market into which a satellite carrier retransmits a
            television broadcast station pursuant to section 338, to elect,
            with respect to such satellite carrier, between retransmission
            consent pursuant to such section 325 and mandatory carriage
            pursuant to section 338 separately for each county within such
            station's local market, if--
                        ``(A) the satellite carrier has notified the
                    station, pursuant to paragraph (3), that it intends to
                    carry another affiliate of the same network pursuant to
                    this section during the relevant election period in the
                    station's local market; or
                        ``(B) on the date notification under paragraph (3)
                    was due, the satellite carrier was retransmitting into
                    the station's local market pursuant to this section an
                    affiliate of the same television network.
                ``(2) Unified negotiations.--In revising its regulations as
            required by paragraph (1), the Commission shall provide that any
            such station shall conduct a unified negotiation for the

    [[Page 118 STAT. 3413]]

            entire portion of its local market for which retransmission
            consent is elected.
                ``(3) Additional provisions.--
            The <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 3414]]

        ``(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.

    [[Page 118 STAT. 3415]]

                ``(4) Notice of disruptions.--A <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3416]]

            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 <<NOTE: Applicability.>> 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, <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> Notwithstandin
                                    g subclause (I), the carrier may not
                                    retransmit the distant analog signal to
                                    any subscriber who is eligible to
                                    receive the analog signal of a network
                                    station solely by reason of section
                                    119(e) of title 17, United States Code,
                                    unless such carrier, within 60 days
                                    after the date of the enactment of the
                                    Satellite Home Viewer Extension and
                                    Reauthorization Act of 2004, submits to
                                    that television network the list and
                                    statement required by subparagraph
                                    (F)(i).

    [[Page 118 STAT. 3417]]

                              ``(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 <<NOTE: Applicability. Deadlines.>> 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.--

    [[Page 118 STAT. 3418]]

                              ``(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) <<NOTE: Deadlines.>> the
                                    subscriber subscribes to the analog
                                    signal of such local network station
                                    within 60 days after such signal is made
                                    available by the satellite

    [[Page 118 STAT. 3419]]

                                    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) <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3420]]

                                    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--

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                                            ``(ee) <<NOTE: Deadline.>> 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--

    [[Page 118 STAT. 3421]]

                                                ``(aa) April 30, 2006, if
                                            such local network station is
                                            within the top 100 television
                                            markets and--

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                                                ``(bb) July 15, 2007, for
                                            any other local network
                                            stations, other than translator
                                            stations licensed to broadcast
                                            on the date of enactment of the
                                            Satellite Home Viewer Extension
                                            and Reauthorization Act of 2004;
                                            or
                                        ``(II) in the case of a translator
                                    station, 1 year after the date on which
                                    the Commission completes all actions
                                    necessary for the allocation and
                                    assignment of digital television
                                    licenses to television translator
                                    stations.
                              ``(viii) Testing waivers.--Upon request by a
                          local network station, the Commission may grant a
                          waiver with respect to such station to the
                          beginning of testing under clause (vii), and
                          prohibit subscribers from receiving digital signal
                          strength testing with respect to such
                          station. <<NOTE: Deadline.>> 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 <<NOTE: Expiration date.>> 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.

    [[Page 118 STAT. 3422]]

                              ``(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) <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 3423]]

                              ``(ii) <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> later
                    than 1 year after the date of the enactment of the
                    Satellite Home Viewer Extension and Reauthorization Act
                    of 2004, the Federal Communications Commission shall
                    complete an inquiry regarding whether, for purposes of
                    identifying if a household is unserved by an adequate
                    digital signal under section 119(d)(10) of title 17,
                    United States Code, the digital signal strength standard
                    in section 73.622(e)(1) of title 47, Code of Federal
                    Regulations, or the testing procedures in section
                    73.686(d) of title 47, Code of Federal Regulations, such
                    statutes or regulations should be revised to take into
                    account the types of antennas that are available to
                    consumers.
                        ``(B) Study considerations.--In conducting the study
                    under this paragraph, the Commission shall consider
                    whether--
                              ``(i) to account for the fact that an antenna
                          can be mounted on a roof or placed in a home and
                          can be fixed or capable of rotating;

    [[Page 118 STAT. 3424]]

                              ``(ii) section 73.686(d) of title 47, Code of
                          Federal Regulations, should be amended to create
                          different procedures for determining if the
                          requisite digital signal strength is present than
                          for determining if the requisite analog signal
                          strength is present;
                              ``(iii) a standard should be used other than
                          the presence of a signal of a certain strength to
                          ensure that a household can receive a high-quality
                          picture using antennas of reasonable cost and ease
                          of installation;
                              ``(iv) to develop a predictive methodology for
                          determining whether a household is unserved by an
                          adequate digital signal under section 119(d)(10)
                          of title 17, United States Code;
                              ``(v) there is a wide variation in the ability
                          of reasonably priced consumer digital television
                          sets to receive over-the-air signals, such that at
                          a given signal strength some may be able to
                          display high-quality pictures while others cannot,
                          whether such variation is related to the price of
                          the television set, and whether such variation
                          should be factored into setting a standard for
                          determining whether a household is unserved by an
                          adequate digital signal; and
                              ``(vi) to account for factors such as building
                          loss, external interference sources, or undesired
                          signals from both digital television and analog
                          television stations using either the same or
                          adjacent channels in nearby markets, foliage, and
                          man-made clutter.
                        ``(C) Report.--Not later than 1 year after the date
                    of the enactment of the Satellite Home Viewer Extension
                    and Reauthorization Act of 2004, the Federal
                    Communications Commission shall submit to the Committee
                    on Energy and Commerce of the House of Representatives
                    and the Committee on Commerce, Science, and
                    Transportation of the Senate a report containing--
                              ``(i) the results of the study under this
                          paragraph; and
                              ``(ii) recommendations, if any, as to what
                          changes should be made to Federal statutes or
                          regulations.''.

    SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND STATIONS
                CONCERNING SIGNAL CARRIAGE.

        Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is
    further amended by inserting after subsection (g) (as added by section
    203) the following new subsection:
        ``(h) Additional <<NOTE: Deadlines.>> 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--

    [[Page 118 STAT. 3425]]

                              ``(i) offering to substitute the local network
                          signal for the duplicating distant network signal;
                          and
                              ``(ii) informing the subscriber that, if the
                          subscriber fails to respond in 60 days, the
                          subscriber will lose the distant network signal
                          but will be permitted to subscribe to the local
                          network signal; and
                        ``(B) if the subscriber--
                              ``(i) elects to substitute such local network
                          signal within such 60 days, switch such subscriber
                          to such local network signal within 10 days after
                          the end of such 60-day period; or
                              ``(ii) fails to respond within such 60 days,
                          terminate the distant network signal within 10
                          days after the end of such 60-day period.
                ``(2) Notice to station licensees of commencement of local-
            into-local service.--
                        ``(A) Notice required.--Within 180 days after the
                    date of enactment of the Satellite Home Viewer Extension
                    and Reauthorization Act of 2004, the Commission shall
                    revise the regulations under this section relating to
                    notice to broadcast station licensees to comply with the
                    requirements of this paragraph.
                        ``(B) Contents of commencement notice.--The notice
                    required by such regulations shall inform each
                    television broadcast station licensee within any local
                    market in which a satellite carrier proposes to commence
                    carriage of signals of stations from that market, not
                    later than 60 days prior to the commencement of such
                    carriage--
                              ``(i) of the carrier's intention to launch
                          local-into-local service under this section in a
                          local market, the identity of that local market,
                          and the location of the carrier's proposed local
                          receive facility for that local market;
                              ``(ii) of the right of such licensee to elect
                          carriage under this section or grant
                          retransmission consent under section 325(b);
                              ``(iii) that such licensee has 30 days from
                          the date of the receipt of such notice to make
                          such election; and
                              ``(iv) that failure to make such election will
                          result in the loss of the right to demand carriage
                          under this section for the remainder of the 3-year
                          cycle of carriage under section 325.
                        ``(C) Transmission of notices.--Such regulations
                    shall require that each satellite carrier shall transmit
                    the notices required by such regulation via certified
                    mail to the address for such television station licensee
                    listed in the consolidated database system maintained by
                    the Commission.''.

    SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.

        (a) Amendment.--Section 338 of the Communications Act of 1934 (47
    U.S.C. 338) is further amended by inserting after subsection (h) (as
    added by section 205) the following new subsection:
        ``(i) Privacy Rights of Satellite Subscribers.--
                ``(1) Notice.--At the time of entering into an agreement to
            provide any satellite service or other service to a subscriber

    [[Page 118 STAT. 3426]]

            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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3427]]

                    personally identifiable information concerning any
                    subscriber without the prior written or electronic
                    consent of the subscriber concerned and shall take such
                    actions as are necessary to prevent unauthorized access
                    to such information by a person other than the
                    subscriber or satellite carrier.
                        ``(B) Exceptions.--A satellite carrier may disclose
                    such information if the disclosure is--
                              ``(i) necessary to render, or conduct a
                          legitimate business activity related to, a
                          satellite service or other service provided by the
                          satellite carrier to the subscriber;
                              ``(ii) subject to paragraph (9), made pursuant
                          to a court order authorizing such disclosure, if
                          the subscriber is notified of such order by the
                          person to whom the order is directed;
                              ``(iii) a disclosure of the names and
                          addresses of subscribers to any satellite service
                          or other service, if--
                                        ``(I) the satellite carrier has
                                    provided the subscriber the opportunity
                                    to prohibit or limit such disclosure;
                                    and
                                        ``(II) the disclosure does not
                                    reveal, directly or indirectly, the--
                                                ``(aa) extent of any viewing
                                            or other use by the subscriber
                                            of a satellite service or other
                                            service provided by the
                                            satellite carrier; or
                                                ``(bb) the nature of any
                                            transaction made by the
                                            subscriber over any facilities
                                            used by the satellite carrier;
                                            or
                              ``(iv) to a government entity as authorized
                          under chapter 119, 121, or 206 of title 18, United
                          States Code, except that such disclosure shall not
                          include records revealing satellite subscriber
                          selection of video programming from a satellite
                          carrier.
                ``(5) Access by subscriber.--A satellite subscriber shall be
            provided access to all personally identifiable information
            regarding that subscriber which is collected and maintained by a
            satellite carrier. Such information shall be made available to
            the subscriber at reasonable times and at a convenient place
            designated by such satellite carrier. A satellite subscriber
            shall be provided reasonable opportunity to correct any error in
            such information.
                ``(6) Destruction of information.--A satellite carrier shall
            destroy personally identifiable information if the information
            is no longer necessary for the purpose for which it was
            collected and there are no pending requests or orders for access
            to such information under paragraph (5) or pursuant to a court
            order.
                ``(7) Penalties.--Any person aggrieved by any act of a
            satellite carrier in violation of this section may bring a civil
            action in a United States district court. The court may award--
                        ``(A) actual damages but not less than liquidated
                    damages computed at the rate of $100 a day for each day
                    of violation or $1,000, whichever is higher;
                        ``(B) punitive damages; and

    [[Page 118 STAT. 3428]]

                        ``(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) <<NOTE: 47 USC 338 note.>> of
    the Communications Act of 1934 (47 U.S.C. 338(i)) as amended by
    subsection (a) of this section shall be effective 60 days after the date
    of enactment of this Act.

    SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.

        (a) Amendments.--Section 325(b)(3)(C) of the Communications Act of
    1934 (47 U.S.C. 325(b)(3)(C)) is amended--
                (1) by striking ``Within 45 days'' and all that follows
            through ``1999, the'' and inserting ``The'';
                (2) by striking the second sentence;
                (3) by striking ``and'' at the end of clause (i);
                (4) in clause (ii)--
                        (A) by striking ``January 1, 2006'' and inserting
                    ``January 1, 2010''; and
                        (B) by striking the period at the end and inserting
                    ``; and''; and
                (5) by adding at the end the following new clause:
                              ``(iii) until January 1, 2010, prohibit a
                          multichannel video programming distributor from
                          failing to negotiate in good faith for
                          retransmission consent under this section, and it
                          shall not be a failure to negotiate in good faith
                          if the distributor enters into retransmission
                          consent agreements containing different terms and
                          conditions, including price terms, with different
                          broadcast stations if such different terms and
                          conditions are based on competitive marketplace
                          considerations.''.

        (b) Deadline.--The <<NOTE: Regulations. 47 USC 325 note.>> Federal
    Communications Commission shall prescribe regulations to implement the
    amendment made by subsection (a)(5) within 180 days after the date of
    enactment of this Act.

    SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE.

        (a) Study Required.--No <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 3429]]

    retransmission consent, network nonduplication, syndicated exclusivity,
    and sports blackout rules, including the impact of those rules on the
    ability of rural cable operators to compete with direct broadcast
    satellite industry in the provision of digital broadcast television
    signals to consumers. Such report shall include such recommendations for
    changes in any statutory provisions relating to such rules as the
    Commission deems appropriate.

        (b) Report Required.--The Federal Communications Commission shall
    submit a report on the results of the inquiry required by subsection (a)
    to the Committee on Energy and Commerce of the House of Representatives
    and the Committee on Commerce, Science, and Transportation of the Senate
    not later than 9 months after the date of the enactment of this Act.

    SEC. 209. REDUCTION OF REQUIRED TESTS.

        Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C.
    339(c)(4)) is amended by inserting after subparagraph (C) the following
    new subparagraphs:
                        ``(D) Reduction of verification burdens.--Within 1
                    year after the date of enactment of the Satellite Home
                    Viewer Extension and Reauthorization Act of 2004, the
                    Commission shall by rule exempt from the verification
                    requirements of subparagraph (A) any request for a test
                    made by a subscriber to a satellite carrier to whom the
                    retransmission of the signals of local broadcast
                    stations is available under section 338 from such
                    carrier.
                        ``(E) Exception.--A satellite carrier may refuse to
                    engage in the testing process. If the carrier does so
                    refuse, a subscriber in a local market in which the
                    satellite carrier does not offer the signals of local
                    broadcast stations under section 338 may, at his or her
                    own expense, authorize a signal intensity test to be
                    performed pursuant to the procedures specified by the
                    Commission in section 73.686(d) of title 47, Code of
                    Federal Regulations, by a tester who is approved by the
                    satellite carrier and by each affected network station,
                    or who has been previously approved by the satellite
                    carrier and by each affected network station but not
                    previously disapproved. A tester may not be so
                    disapproved for a test after the tester has commenced
                    such test. The tester <<NOTE: Notice.>> 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 <<NOTE: Deadlines.>> 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

    [[Page 118 STAT. 3430]]

            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 <<NOTE: Regulations.>> 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. <<NOTE: 47 USC 341.>> CARRIAGE OF TELEVISION SIGNALS TO
                CERTAIN SUBSCRIBERS.

        ``(a)(1) In General.--A cable operator or satellite carrier may
    elect to retransmit, to subscribers in an eligible county.--
                ``(A) any television broadcast stations that are located in
            the State in which the county is located and that any cable
            operator or satellite carrier was retransmitting to subscribers
            in the county on January 1, 2004; or
                ``(B) up to 2 television broadcast stations located in the
            State in which the county is located, if the number of
            television broadcast stations that the cable operator or
            satellite carrier is authorized to carry under paragraph (1) is
            less than 3.

        ``(2) Deemed Significantly Viewed.--A station described in
    subsection (a) is deemed to be significantly viewed in the eligible
    county within the meaning of section 76.54 of the Commission's
    regulations (47 CFR 76.54).
        ``(3) Definition of Eligible County.--For purposes of this section,
    the term `eligible county' means any 1 of 4 counties that--
                ``(A) are all in a single State;
                ``(B) on January 1, 2004, were each in designated market
            areas in which the majority of counties were located in another
            State or States; and
                ``(C) as a group had a combined total of 41,340 television
            households according to the U.S. Television Household Estimates
            by Nielsen Media Research for 2003-2004.

        ``(4) Limitation.--Carriage of a station under this section shall be
    at the option of the cable operator or satellite carrier.
        ``(b) Certain Markets.--Notwithstanding any other provision of law,
    a satellite carrier may not carry the signal of a television station
    into an adjacent local market that is comprised of only a portion of a
    county, other than to unserved households located in that county.''.

    [[Page 118 STAT. 3431]]

    SEC. 212. <<NOTE: 47 USC 325 note.>> 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) <<NOTE: 47 USC 307.>> In section 307(c)(3)--
                        (A) by striking ``any hearing'' and inserting ``any
                    administrative or judicial hearing''; and
                        (B) by inserting ``or section 402'' after ``section
                    405''.
                (2) In section 307, by adding at the end the following new
            subsection:

        ``(f) Notwithstanding any other provision of law, (1) any holder of
    a broadcast license may broadcast to an area of Alaska that otherwise
    does not have access to over the air broadcasts via translator,
    microwave, or other alternative signal delivery even if another holder
    of a broadcast license begins broadcasting to such area, (2) any holder
    of a broadcast license who has broadcast to an area of Alaska that did
    not have access to over the air broadcasts via translator, microwave, or
    other alternative signal delivery may continue providing such service
    even if another holder of a broadcast license begins broadcasting to
    such area, and shall not be fined or subject to any other penalty,
    forfeiture, or revocation related to providing such service including
    any fine, penalty, forfeiture, or revocation for continuing to operate
    notwithstanding orders to the contrary.''.
                (3) In section 312(g), <<NOTE: 47 USC 312.>> 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 <<NOTE: Snake River Water Rights Act of
    2004. Idaho. Native Americans.>> 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;

    [[Page 118 STAT. 3432]]

                (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.

    [[Page 118 STAT. 3433]]

                (8) SRBA.--The term ``SRBA'' means the Snake River Basin
            Adjudication litigation before the SRBA Court styled as In re
            Snake River Basin Adjudication, Case No. 39576.
                (9) SRBA court.--The term ``SRBA Court'' means the District
            Court of the Fifth Judicial District of the State of Idaho, In
            and For the County of Twin Falls in re Snake River Basin
            Adjudication.
                (10) State.--The term ``State'' means the State of Idaho.
                (11) Tribe.--The term ``Tribe'' means the Nez Perce Tribe.

    SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT.

        (a) In General.--Except to the extent that the Agreement conflicts
    with the express provisions of this Act, the Agreement is approved,
    ratified, and confirmed.
        (b) Execution and Performance.--The Secretary and the other heads of
    Federal agencies with obligations under the Agreement shall execute and
    perform all actions, consistent with this Act, that are necessary to
    carry out the Agreement.

    SEC. 5. BUREAU OF RECLAMATION WATER USE.

        (a) In General.--As part of the overall implementation of the
    Agreement, the Secretary shall take such actions consistent with the
    Agreement, this Act, and water law of the State as are necessary to
    carry out the Snake River Flow Component of the Agreement.
        (b) Mitigation for Change of Use of Water.--
                (1) Authorization of appropriations.--There is authorized to
            be appropriated to the Secretary $2,000,000 for a 1-time payment
            to local governments to mitigate for the change of use of water
            acquired by the Bureau of Reclamation under section III.C.6 of
            the Agreement.
                (2) Distribution of funds.--Funds made available under
            paragraph (1) shall be distributed by the Secretary to local
            governments in accordance with a plan provided to the Secretary
            by the State.
                (3) Payments.--Payments by the Secretary shall be made on a
            pro rata basis as water rights are acquired by the Bureau of
            Reclamation.

    SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER.

        (a) Transfer.--
                (1) In general.--The Secretary shall transfer land selected
            by the Tribe under paragraph (2) to the Bureau of Indian Affairs
            to be held in trust for the Tribe.
                (2) Land selection.--The land transferred shall be selected
            by the Tribe from a list of parcels of land managed by the
            Bureau of Land Management that are available for transfer, as
            depicted on the map entitled ``North Idaho BLM Land Eligible for
            Selection by the Nez Perce Tribe'' dated May 2004, on file with
            the Director of the Bureau of Land Management, not including any
            parcel designated on the map as being on the Clearwater River or
            Lolo Creek.
                (3) Maximum value.--The land selected by the Tribe for
            transfer shall be limited to a maximum value in total of not
            more than $7,000,000, as determined by an independent appraisal
            of fair market value prepared in accordance with the Uniform
            Standards of Professional Appraisal Practice and

    [[Page 118 STAT. 3434]]

            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 <<NOTE: Deadline.>> 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--

    [[Page 118 STAT. 3435]]

                              (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.

    [[Page 118 STAT. 3436]]

    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.

    [[Page 118 STAT. 3437]]

                (2) Expenditure plan.--
                        (A) In general.--The Tribe shall submit to the
                    Secretary for approval an expenditure plan for any
                    portion of the amounts made available under subsection
                    (h) that the Tribe does not withdraw under this
                    subsection.
                        (B) Description.--The expenditure plan shall
                    describe the manner in which, and the purposes for
                    which, amounts of the Tribe remaining in the Funds will
                    be used.
                        (C) Approval.--On receipt of an expenditure plan
                    under subparagraph (A), the Secretary shall approve the
                    plan if the Secretary determines that the plan is
                    reasonable and consistent with this Act and the
                    Agreement.
                        (D) Annual report.--For each Fund, the Tribe shall
                    submit to the Secretary an annual report that describes
                    all expenditures from the Fund during the year covered
                    by the report.

        (g) No Per Capita Payments.--No part of the principal of the Funds,
    or of the income accruing in the Funds, shall be distributed to any
    member of the Tribe on a per capita basis.
        (h) Authorization of Appropriations.--There are authorized to be
    appropriated--
                (1) to the Nez Perce Tribe Water and Fisheries Fund--
                        (A) for fiscal year 2007, $7,830,000;
                        (B) for fiscal year 2008, $4,730,000;
                        (C) for fiscal year 2009, $7,380,000;
                        (D) for fiscal year 2010, $10,080,000;
                        (E) for fiscal year 2011, $11,630,000;
                        (F) for fiscal year 2012, $9,450,000; and
                        (G) for fiscal year 2013, $9,000,000; and
                (2) to the Nez Perce Tribe Domestic Water Supply Fund--
                        (A) for fiscal year 2007, $5,100,000;
                        (B) for fiscal year 2008, $8,200,000;
                        (C) for fiscal year 2009, $5,550,000;
                        (D) for fiscal year 2010, $2,850,000; and
                        (E) for fiscal year 2011, $1,300,000.

    SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND.

        (a) Establishment of Fund.--
                (1) In general.--There is established in the Treasury of the
            United States a fund to be known as the ``Salmon and Clearwater
            River Basins Habitat Fund'' (referred to in this section as the
            ``Fund''), to be administered by the Secretary.
                (2) Accounts.--There is established within the Fund--
                        (A) an account to be known as the ``Nez Perce Tribe
                    Salmon and Clearwater River Basins Habitat Account'',
                    which shall be administered by the Secretary for use by
                    the Tribe subject to the same provisions for management,
                    investment, and expenditure as the funds established by
                    section 8; and
                        (B) an account to be known as the ``Idaho Salmon and
                    Clearwater River Basins Habitat Account'', which shall
                    be administered by the Secretary and provided to the
                    State as provided in the Agreement and this Act.

        (b) Use of the Fund.--
                (1) In general.--The Fund shall be used to supplement
            amounts made available under any other law for habitat
            protection and restoration in the Salmon and Clearwater River
            Basins

    [[Page 118 STAT. 3438]]

            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

    [[Page 118 STAT. 3439]]

                        (B) shall survive any subsequent termination of any
                    component of the settlement described in the Agreement
                    or this Act.
                (5) Effective date.--The <<NOTE: Federal
            Register, publication.>> 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.

    [[Page 118 STAT. 3440]]

                (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.

    [[Page 118 STAT. 3441]]

                (2) Contents of plan.--The flow augmentation plan may
            include provisions beneficial to recreational uses of the
            reservoir through maintenance of the full level of the reservoir
            for prolonged periods during the summer months.

        (f) Jurisdiction.--
                (1) No effect on subject matter jurisdiction.--Nothing in
            the Agreement or this Act restricts, enlarges, or otherwise
            determines the subject matter jurisdiction of any Federal,
            State, or Tribal court.
                (2) Consent to jurisdiction.--The United States consents to
            jurisdiction in a proper forum for purposes of enforcing the
            provisions of the Agreement.
                (3) Effect of subsection.--Nothing in this subsection
            confers jurisdiction on any State court to--
                        (A) enforce Federal environmental laws regarding the
                    duties of the United States; or
                        (B) conduct judicial review of Federal agency
                    action.

          DIVISION K--SMALL <<NOTE: Small Business Reauthorization and
    Manufacturing Assistance Act of 2004. 15 USC 631 note.>> 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.

    [[Page 118 STAT. 3442]]

               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

    [[Page 118 STAT. 3443]]

                    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 <<NOTE: 15 USC 636 note.>> 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'

    [[Page 118 STAT. 3444]]

                    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 <<NOTE: 15 USC 636 note.>> amendment made
    by subsection (a) shall take effect on the date of enactment of this
    Act.

    SEC. 104. DEBENTURE SIZE.

        Section 502(2) of the Small Business Investment Act of 1958 (15
    U.S.C. 696(2)) is amended to read as follows:
                ``(2) Maximum amount.--
                        ``(A) In general.--Loans made by the Administration
                    under this section shall be limited to--
                              ``(i) $1,500,000 for each small business
                          concern if the loan proceeds will not be directed
                          toward a goal or project described in subparagraph
                          (B) or (C);
                              ``(ii) $2,000,000 for each small business
                          concern if the loan proceeds will be directed
                          toward 1 or more of the public policy goals
                          described under section 501(d)(3); and
                              ``(iii) $4,000,000 for each project of a small
                          manufacturer.
                        ``(B) Definition.--As used in this paragraph, the
                    term `small manufacturer' means a small business
                    concern--
                              ``(i) the primary business of which is
                          classified in sector 31, 32, or 33 of the North
                          American Industrial Classification System; and
                              ``(ii) all of the production facilities of
                          which are located in the United States.''.

    SEC. 105. JOB REQUIREMENTS.

        Section 501 of the Small Business Investment Act of 1958 (15 U.S.C.
    695) is amended by adding at the end the following:
        ``(e)(1) A project meets the objective set forth in subsection
    (d)(1) if the project creates or retains one job for every $50,000
    guaranteed by the Administration, except that the amount is $100,000 in
    the case of a project of a small manufacturer.

    [[Page 118 STAT. 3445]]

        ``(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

    [[Page 118 STAT. 3446]]

                    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 <<NOTE: 15 USC 636 note.>> 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.--

    [[Page 118 STAT. 3447]]

                ``(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

    [[Page 118 STAT. 3448]]

                          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) <<NOTE: Grants. Contracts.>> 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 118 STAT. 3449]]

                              ``(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''.

    [[Page 118 STAT. 3450]]

        (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.).''.

    [[Page 118 STAT. 3451]]

    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).

    [[Page 118 STAT. 3452]]

                      Subtitle C--Administration Management

    SEC. 131. LENDER EXAMINATION AND REVIEW FEES.

        Section 5(b) of the Small Business Act (15 U.S.C. 634(b)) is
    amended--
                (1) in paragraph (12), by striking ``and'' at the end;
                (2) in paragraph (13), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(14) require any lender authorized to make loans under
            section 7 of this Act to pay examination and review fees, which
            shall be deposited in the account for salaries and expenses of
            the Administration, and shall be available for the costs of
            examinations, reviews, and other lender oversight activities.''.

    SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS.

        (a) In General.--Section 4 of the Small Business Act (15 U.S.C. 633)
    is amended by adding at the end the following:
        ``(g) Gifts.--
                ``(1) In general.--The Administrator may, for purposes of
            this Act, the Small Business Investment Act of 1954, and title
            IV of the Women's Business Ownership Act of 1988, solicit,
            accept, hold, administer, utilize, and dispose of gifts,
            devises, and bequests of cash, property (including tangible,
            intangible, real, and personal), subsistence, and services.
            Notwithstanding any other provision of law, the Administrator
            may utilize gifts, devises, or bequests for marketing and
            outreach activities, including the cost of promotional materials
            and wearing apparel.
                ``(2) Audits.--Any gift, devise, or bequest of cash accepted
            by the Administrator shall be held in a separate account and
            shall be subject to semi-annual audits by the Inspector General
            of the Administration who shall report his findings to the
            Congress.
                ``(3) Conflicts of interest.--No gift, devise, or bequest
            shall be solicited or accepted under the authority of this
            subsection if such solicitation or acceptance would, in the
            determination of the General Counsel, create a conflict of
            interest.
                ``(4) Acceptance of services and facilities for disaster
            loan program.--The Administrator may accept the services and
            facilities of Federal, State, and local agencies and groups,
            both public and private, and utilize such gratuitous services
            and facilities as may, from time to time, be necessary, to
            further the objectives of section 7(b).

        ``(h) Co-Sponsorship of Events.--
                ``(1) Authorization.--The Administrator, after consultation
            with the General Counsel, may provide assistance for the benefit
            of small business through Administration-sponsored activities,
            through cosponsored activities with any eligible entity, or
            through such other activities that the Administrator determines
            to be appropriate, including recognition events.
                ``(2) Eligible entity.--For purposes of this subsection, the
            term `eligible entity' means any for-profit or not-for-profit
            entity, any Federal, State, or local government official, or any
            Federal, State, or local government entity.

    [[Page 118 STAT. 3453]]

                ``(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 <<NOTE: Deadline.>> 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 <<NOTE: 15 USC 633 and note,
    637.>> 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.''.

    [[Page 118 STAT. 3454]]

        (b) Regulations.--The <<NOTE: Deadline. 15 USC 637
    note.>> 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''.

    [[Page 118 STAT. 3455]]

               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. <<NOTE: 15 USC 631c.>> 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.

    [[Page 118 STAT. 3456]]

                (2) Quorum.--A majority of the members of the Task Force
            shall constitute a quorum to approve recommendations or reports.

        (e) Personnel Matters.--
                (1) Compensation of members.--Each member of the Task Force
            shall serve without compensation in addition to that received
            for services rendered as an officer or employee of the United
            States.
                (2) Detail of sba employees.--Any employee of the Small
            Business Administration may be detailed to the Task Force
            without reimbursement, and such detail shall be without
            interruption or loss of civil service status or privilege.

        (f) Report.--Not later than 1 year after the date of enactment of
    this Act, and annually thereafter, the Task Force shall submit a report
    containing the findings and recommendations of the task force to--
                (1) the President;
                (2) the Committee on Small Business and Entrepreneurship of
            the Senate; and
                (3) the Committee on Small Business of the House of
            Representatives.

                           Subtitle E--HUBZone Program

    SEC. 151. STREAMLINING AND REVISION OF HUBZONE ELIGIBILITY REQUIREMENTS.

        (a) In General.--Section 3(p) of the Small Business Act (15 U.S.C.
    632(p)) is amended--
                (1) in paragraph (3)--
                        (A) by amending subparagraph (A) to read as follows:
                        ``(A) a small business concern that is at least 51
                    percent owned and controlled by United States
                    citizens;''
                        (B) in subparagraph (C), by striking ``or'' at the
                    end;
                        (C) in subparagraph (D)(ii), by striking the period
                    at the end and inserting ``; or''; and
                        (D) by adding at the end the following:
                        ``(E) a small business concern that is--
                              ``(i) a small agricultural cooperative
                          organized or incorporated in the United States;
                              ``(ii) wholly owned by 1 or more small
                          agricultural cooperatives organized or
                          incorporated in the United States; or
                              ``(iii) owned in part by 1 or more small
                          agricultural cooperatives organized or
                          incorporated in the United States, if all owners
                          are small business concerns or United States
                          citizens.''; and
                (2) in paragraph (5)(A)(i)(I)(aa), by striking ``or (D)''
            and inserting ``(C), (D), or (E)''.

        (b) Conforming Amendment.--Section 3(j) of the Small Business Act
    (15 U.S.C. 632(j)) is amended by striking ``of section 7(b)(2)''.

    SEC. 152. EXPANSION OF QUALIFIED AREAS.

        (a) Treatment of Certain Areas as HUBZones.--
                (1) Base closure areas.--Section 3(p)(1) of the Small
            Business Act (15 U.S.C. 632(p)(1)) is amended--

    [[Page 118 STAT. 3457]]

                        (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 <<NOTE: 15 USC 632 note.>> 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

    [[Page 118 STAT. 3458]]

                    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. <<NOTE: 15 USC 657g.>> 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;

    [[Page 118 STAT. 3459]]

                ``(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

    [[Page 118 STAT. 3460]]

                    of the small business lending company or non-Federally
                    regulated lender, suspend the authority for a time
                    certain, or terminate the suspension.
                ``(3) The small business lending company or non-Federally
            regulated lender must notify borrowers of a revocation and that
            a new entity has been appointed to service their loans. The
            Administrator or an employee of the Administration designated by
            the Administrator may provide such notice to the borrower.
                ``(4) Any revocation or suspension under paragraph (1) shall
            be made by the Administrator except that the Administrator shall
            delegate to an administrative law judge as that term is used in
            section 3105 of title 5, United States Code, the authority to
            conduct any hearing required under subsection (f). The
            Administrator shall base the decision to revoke on the record of
            the hearing.

        ``(e) Cease and Desist Order.--
                ``(1) Where a small business lending company, a non-
            Federally regulated lender, or other person violates this Act or
            is engaging or is about to engage in any acts or practices which
            constitute or will constitute a violation of this Act, the
            Administrator may order, after the opportunity for hearing
            pursuant to subsection (f), the company, lender, or other person
            to cease and desist from such action or failure to act. The
            Administrator may delegate the authority under the preceding
            sentence only to the Deputy Administrator and only if the
            Administrator is unavailable to take such action.
                ``(2) The Administrator, after finding extraordinary
            circumstances and in order to protect the financial or legal
            position of the United States, may issue a cease and desist
            order without conducting a hearing pursuant to subsection (f).
            If the Administrator issues a cease and desist order under the
            preceding sentence, the Administrator shall within two business
            days follow the procedures set forth in subsection (f).
                ``(3) The Administrator may further order such small
            business lending company or non-Federally regulated lender or
            other person to take such action or to refrain from such action
            as the Administrator deems necessary to insure compliance with
            this Act.
                ``(4) A cease and desist order under this subsection may
            also provide for the suspension of authority to lend in
            subsection (d).

        ``(f) Procedure for Revocation or Suspension of Loan Authority and
    for Cease and Desist Order.--
                ``(1) Before revoking or suspending authority under
            subsection (d) or issuing a cease and desist order under
            subsection (e), the Administrator shall serve an order to show
            cause upon the small business lending company, non-Federally
            regulated lender, or other person why an order revoking or
            suspending the authority or a cease and desist order should not
            be issued. The order to show cause shall contain a statement of
            the matters of fact and law asserted by the Administrator and
            the legal authority and jurisdiction under which a hearing is to
            be held, and shall set forth that a hearing will be held before
            an administrative law judge at a time and place stated in the
            order. Such hearing shall be conducted pursuant to the
            provisions of sections 554, 556, and 557 of title 5, United

    [[Page 118 STAT. 3461]]

            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 <<NOTE: Deadline.>> 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--

    [[Page 118 STAT. 3462]]

                                        ``(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) <<NOTE: Effective date.>> 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 <<NOTE: Notice.>> 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.

    [[Page 118 STAT. 3463]]

                        ``(C) Judicial <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 3464]]

                        ``(B) Judicial review.--
                    An <<NOTE: Deadline.>> adversely aggrieved party shall
                    have 20 days from the date of issuance of the order to
                    seek judicial review in an appropriate district court.

        ``(h) Appointment of Receiver.--
                ``(1) In any proceeding under subsection (f)(4) or
            subsection (g)(6)(C), the court may take exclusive jurisdiction
            of a small business lending company or a non-Federally regulated
            lender and appoint a receiver to hold and administer the assets
            of the company or lender.
                ``(2) Upon request of the Administrator, the court may
            appoint the Administrator as a receiver under paragraph (1).

        ``(i) Possession of Assets.--
                ``(1) If a small business lending company or a non-Federally
            regulated lender is not in compliance with capital requirements
            or is insolvent, the Administrator may take possession of the
            portfolio of loans guaranteed by the Administrator and sell such
            loans to a third party by means of a receiver appointed under
            subsection (h).
                ``(2) If a small business lending company or a non-Federally
            regulated lender is not in compliance with capital requirements
            or is insolvent or otherwise operating in an unsafe and unsound
            condition, the Administrator may take possession of servicing
            activities of loans that are guaranteed by the Administrator and
            sell such servicing rights to a third party by means of a
            receiver appointed under subsection (h).

        ``(j) Penalties and Forfeitures.--
                ``(1) Except as provided in paragraph (2), a small business
            lending company or a non-Federally regulated lender which
            violates any regulation or written directive issued by the
            Administrator regarding the filing of any regular or special
            report shall pay to the United States a civil penalty of not
            more than $5,000 for each day of the continuance of the failure
            to file such report, unless it is shown that such failure is due
            to reasonable cause and not due to willful neglect. The civil
            penalties under this subsection may be enforced in a civil
            action brought by the Administrator. The penalties under this
            subsection shall not apply to any affiliate of a small business
            lending company that procures at least 10 percent of its annual
            purchasing requirements from small manufacturers.
                ``(2) The Administrator may by rules and regulations that
            shall be codified in the Code of Federal Regulations, after an
            opportunity for notice and comment, or upon application of an
            interested party, at any time previous to such failure, by
            order, after notice and opportunity for hearing which shall be
            conducted pursuant to sections 554, 556, and 557 of title 5,
            United States Code, exempt in whole or in part, any small
            business lending company or non-Federally regulated lender from
            paragraph (1), upon such terms and conditions and for such
            period of time as it deems necessary and appropriate, if the
            Administrator finds that such action is not inconsistent with
            the public interest or the protection of the Administration. The
            Administrator may for the purposes of this section make any
            alternative requirements appropriate to the situation.''.

    [[Page 118 STAT. 3465]]

    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

    [[Page 118 STAT. 3466]]

    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.

        Approved December 8, 2004.

    LEGISLATIVE HISTORY--H.R. 4818 (S. 2812):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: Nos. 108-599 (Comm. on Appropriations) and 108-792
    (Comm. of Conference).
    SENATE REPORTS: No. 108-346 accompanying S. 2812 (Comm. on
    Appropriations).
    CONGRESSIONAL RECORD, Vol. 150 (2004):
                July 13, 15, considered and passed House.
                Sept. 23, considered and passed Senate, amended, in lieu of
                    S. 2812.
                Nov. 20, House and Senate agreed to conference report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
                Dec. 8, Presidential statement.

                                      <all>