[108th Congress Public Law 447]
[From the U.S. Government Printing 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 e