PUBLIC LAW 108–447—DEC. 8, 2004 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Appropriations

Act, 2005’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Sec. 4. Statement of appropriations.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I—Agricultural Programs

Title II—Conservation Programs

Title III—Rural Development Programs

Title IV—Domestic Food Programs

Title V—Foreign Assistance and Related Programs

Title VI—Related Agencies and Food and Drug Administration

Title VII—General Provisions

DIVISION B—DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE

JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I—Department of Justice

Title II—Department of Commerce and Related Agencies

Title III—The Judiciary

Title IV—Department of State and Related Agency

Title V—Related Agencies

Title VI—General Provisions

Title VII—Rescissions

Title VIII—Patent and Trademark Fees

Title IX—Oceans and Human Health Act

DIVISION C—ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

2005

Title I—Department of Defense—Civil

Title II—Department of the Interior

Title III—Department of Energy

Title IV—Independent Agencies

Title V—General Provisions

Title VI—Reform of the Board of Directors of the Tennessee Valley Authority

DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED

PROGRAMS APPROPRIATIONS ACT, 2005

Title I—Export and Investment Assistance

Consolidated

Appropriations

Act, 2005

Dec. 8, 2004

[H.R. 4818]

118 STAT. 2810 PUBLIC LAW 108–447—DEC. 8, 2004

Title II—Bilateral Economic Assistance

Title III—Military Assistance

Title IV—Multilateral Economic Assistance

Title V—General Provisions

DIVISION E—DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

APPROPRIATIONS ACT, 2005

Title I—Department of the Interior

Title II—Related Agencies

Title III—General Provisions

Title IV—Urgent Wildland Fire Suppression Activities

Title V—General Reduction

DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

Title I—Department of Labor

Title II—Department of Health and Human Services

Title III—Department of Education

Title IV—Related Agencies

Title V—General Provisions

DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

Title I—Legislative Branch Appropriations

Title II—General Provisions

DIVISION H—TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES,

AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2005

Title I—Department of Transportation

Title II—Department of the Treasury

Title III—Executive Office of the President and Funds Appropriated to the President

Title IV—Independent Agencies

Title V—General Provisions

Title VI—General Provisions

DIVISION I—DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND

URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005

Title I—Department of Veterans Affairs

Title II—Department of Housing and Urban Development

Title III—Independent Agencies

Title IV—General Provisions

DIVISION J—OTHER MATTERS

Title I—Miscellaneous Provisions and Offsets

Title II—225th Anniversary of the American Revolution Commemoration Act

Title III—Rural Air Service Improvement Act of 2004

Title IV—L–1 Visa and H–1B Visa Reform Act

Title V—National Aviation Heritage Area Act

Title VI—Oil Region National Heritage Area Act

Title VII—Mississippi Gulf Coast National Heritage Area Act

Title VIII—Federal Lands Recreation Enhancement Act

Title IX—Satellite Home Viewer Extension and Reauthorization Act of 2004

Title X—Snake River Water Rights Act of 2004

DIVISION K—SMALL BUSINESS

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this

Act’’ contained in any division of this Act shall be treated as

referring only to the provisions of that division.

SEC. 4. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any

money in the Treasury not otherwise appropriated, for the fiscal

year ending September 30, 2005.

1 USC 1 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2811

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD

AND DRUG ADMINISTRATION, AND RELATED AGENCIES

APPROPRIATIONS ACT, 2005

TITLE I

AGRICULTURAL PROGRAMS

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, $5,124,000: Provided, That not to exceed $11,000 of this

amount shall be available for official reception and representation

expenses, not otherwise provided for, as determined by the Secretary.

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost-benefit analysis, energy and

new uses, and the functions of the World Agricultural Outlook

Board, as authorized by the Agricultural Marketing Act of 1946

(7 U.S.C. 1622g), $10,317,000.

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division,

$14,331,000.

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program

Analysis, $8,228,000.

HOMELAND SECURITY STAFF

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

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information

Officer, $16,595,000.

COMMON COMPUTING ENVIRONMENT

For necessary expenses to acquire a Common Computing

Environment for the Natural Resources Conservation Service, the

Farm and Foreign Agricultural Service, and Rural Development

mission areas for information technology, systems, and services,

$125,585,000, to remain available until expended, for the capital

asset acquisition of shared information technology systems,

including services as authorized by 7 U.S.C. 6915–16 and 40 U.S.C.

1421–28: Provided, That obligation of these funds shall be consistent

with the Department of Agriculture Service Center Modernization

Agriculture,

Rural

Development,

Food and Drug

Administration,

and Related

Agencies

Appropriations

Act, 2005.

118 STAT. 2812 PUBLIC LAW 108–447—DEC. 8, 2004

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 Assist- ant Secretary for Civil Rights, $818,000.

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $19,889,000.

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

For necessary salaries and expenses of the Office of the Assistant Secretary for Administration, $669,000.

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to

Public Law 92–313, including authorities pursuant to the 1984

delegation of authority from the Administrator of General Services

to the Department of Agriculture under 40 U.S.C. 486, for programs

and activities of the Department which are included in this Act,

and for alterations and other actions needed for the Department

and its agencies to consolidate unneeded space into configurations

suitable for release to the Administrator of General Services, and

for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $163,870,000,

to remain available until expended: Provided, That not to exceed

5 percent of amounts which are made available for space rental

and related costs for the Department of Agriculture in this Act

may be transferred between such appropriations to cover the costs

of new or replacement space 15 days after notice thereof is transmitted to the Appropriations Committees of both Houses of Congress.

Notice.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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.

Deadline.

Notification.

118 STAT. 2814 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2815

or interests transferred out of Federal ownership, $1,110,887,000:

Provided, That appropriations hereunder shall be available for the

operation and maintenance of aircraft and the purchase of not

to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250

for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any

one building shall not exceed $375,000, except for headhouses or

greenhouses which shall each be limited to $1,200,000, and except

for 10 buildings to be constructed or improved at a cost not to

exceed $750,000 each, and the cost of altering any one building

during the fiscal year shall not exceed 10 percent of the current

replacement value of the building or $375,000, whichever is greater:

Provided further, That the limitations on alterations contained in

this Act shall not apply to modernization or replacement of existing

facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the

Beltsville Agricultural Research Center: Provided further, That the

foregoing limitations shall not apply to replacement of buildings

needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):

Provided further, That funds may be received from any State,

other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research

project of the Agricultural Research Service, as authorized by law:

Provided further, That all rights and title of the United States

in the 1.0664-acre parcel of land including improvements, as

recorded at Book 1320, Page 253, records of Larimer County, State

of Colorado, shall be conveyed to the Board of Governors of the

Colorado State University for the benefit of Colorado State University.

None of the funds appropriated under this heading shall be

available to carry out research related to the production, processing,

or marketing of tobacco or tobacco products.

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement,

extension, alteration, and purchase of fixed equipment or facilities

as necessary to carry out the agricultural research programs of

the Department of Agriculture, where not otherwise provided,

$187,838,000, to remain available until expended.

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other

expenses, $660,781,000, as follows: to carry out the provisions of

the Hatch Act of 1887 (7 U.S.C. 361a–i), $180,148,000; for grants

for cooperative forestry research (16 U.S.C. 582a through a–7),

$22,384,000; for payments to the 1890 land-grant colleges, including

Tuskegee University and West Virginia State University (7 U.S.C.

3222), $37,000,000, of which $1,507,496 shall be made available

only for the purpose of ensuring that each institution shall receive

no less than $1,000,000; for special grants for agricultural research

(7 U.S.C. 450i(c)), $121,284,000; for special grants for agricultural

7 USC 2254.

118 STAT. 2816 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2818 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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;

118 STAT. 2820 PUBLIC LAW 108–447—DEC. 8, 2004

(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,

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2821

That of the amount available under this heading, notwithstanding

section 704 of this Act $3,000,000, available until September 30,

2006, shall be obligated to include the Humane Animal Tracking

System as part of the Field Automation and Information Management System following notification to the Committees on Appropriations, which shall include a detailed explanation of the components

of such system: Provided further, That of the total amount made

available under this heading, no less than $20,653,000 shall be

obligated for regulatory and scientific training: Provided further,

That this appropriation shall be available pursuant to law (7 U.S.C.

2250) for the alteration and repair of buildings and improvements,

but the cost of altering any one building during the fiscal year

shall not exceed 10 percent of the current replacement value of

the building.

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Farm and Foreign Agricultural Services to administer

the laws enacted by Congress for the Farm Service Agency, the

Foreign Agricultural Service, the Risk Management Agency, and

the Commodity Credit Corporation, $631,000.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration

and implementation of programs administered by the Farm Service

Agency, $1,007,597,000: Provided, That the Secretary is authorized

to use the services, facilities, and authorities (but not the funds)

of the Commodity Credit Corporation to make program payments

for all programs administered by the Agency: Provided further,

That other funds made available to the Agency for authorized

activities may be advanced to and merged with this account.

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit

Act of 1987, as amended (7 U.S.C. 5101–5106), $4,000,000.

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments

to dairy farmers and manufacturers of dairy products under a

dairy indemnity program, $100,000, to remain available until

expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program

described in the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 2001

(Public Law 106–387, 114 Stat. 1549A–12).

Notification.

118 STAT. 2822 PUBLIC LAW 108–447—DEC. 8, 2004

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and

guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating

(7 U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans

(25 U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available

from funds in the Agricultural Credit Insurance Fund, as follows:

farm ownership loans, $1,610,000,000, of which $1,400,000,000 shall

be for guaranteed loans and $210,000,000 shall be for direct loans;

operating loans, $2,035,000,000, of which $1,100,000,000 shall be

for unsubsidized guaranteed loans, $285,000,000 shall be for subsidized guaranteed loans and $650,000,000 shall be for direct loans;

Indian tribe land acquisition loans, $2,000,000; and for boll weevil

eradication program loans, $100,000,000: Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the

purpose of boll weevil eradication program loans.

For the cost of direct and guaranteed loans, including the

cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans,

$18,655,000, of which $7,420,000 shall be for guaranteed loans,

and $11,235,000 shall be for direct loans; operating loans,

$139,049,000, of which $35,530,000 shall be for unsubsidized

guaranteed loans, $37,934,000 shall be for subsidized guaranteed

loans, and $65,585,000 shall be for direct loans; and Indian tribe

land acquisition loans, $105,000.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $301,764,000, of

which $293,764,000 shall be transferred to and merged with the

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct

loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both

Houses of Congress are notified at least 15 days in advance of

any transfer.

RISK MANAGEMENT AGENCY

For administrative and operating expenses, as authorized by

section 226A of the Department of Agriculture Reorganization Act

of 1994 (7 U.S.C. 6933), $72,044,000: Provided, That not to exceed

$1,000 shall be available for official reception and representation

expenses, as authorized by 7 U.S.C. 1506(i).

CORPORATIONS

The following corporations and agencies are hereby authorized

to make expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accord

with law, and to make contracts and commitments without regard

to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying

out the programs set forth in the budget for the current fiscal

year for such corporation or agency, except as hereinafter provided.

Notification.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2824 PUBLIC LAW 108–447—DEC. 8, 2004

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–

PUBLIC LAW 108–447—DEC. 8, 2004 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 BankheadJones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the

Act of April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title

XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451–

3461), $51,641,000, to remain available until expended: Provided,

That none of the funds made available under this paragraph by

this or any other appropriations Act may be used to provide technical assistance with respect to programs listed in section 1241(a)

of the Food Security Act of 1985 (16 U.S.C. 3841(a)): Provided

further, That the Secretary shall enter into a cooperative or contribution agreement with a national association regarding a

Resource Conservation and Development program and such agreement shall contain the same matching, contribution requirements,

and funding level, set forth in a similar cooperative or contribution

agreement with a national association in fiscal year 2002: Provided

further, That not to exceed $3,504,300 shall be available for national

headquarters activities.

TITLE III

RURAL DEVELOPMENT PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Rural Development to administer programs under

the laws enacted by the Congress for the Rural Housing Service,

the Rural Business-Cooperative Service, and the Rural Utilities

Service of the Department of Agriculture, $632,000.

Contracts.

118 STAT. 2826 PUBLIC LAW 108–447—DEC. 8, 2004

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 communitybased housing and community development organizations, lowincome 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

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2828 PUBLIC LAW 108–447—DEC. 8, 2004

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; multifamily 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,

PUBLIC LAW 108–447—DEC. 8, 2004 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 nonprofit 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.

118 STAT. 2830 PUBLIC LAW 108–447—DEC. 8, 2004

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).

PUBLIC LAW 108–447—DEC. 8, 2004 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’’.

118 STAT. 2832 PUBLIC LAW 108–447—DEC. 8, 2004

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 highdefinition 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.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2834 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2836 PUBLIC LAW 108–447—DEC. 8, 2004

Act of 1985, $22,723,000, to remain available until expended: Provided, That funds made available for the cost of agreements under

title I of the Agricultural Trade Development and Assistance Act

of 1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the

Committees on Appropriations of both Houses of Congress.

PUBLIC LAW 480 TITLE II GRANTS

For expenses during the current fiscal year, not otherwise

recoverable, and unrecovered prior years’ costs, including interest

thereon, under the Agricultural Trade Development and Assistance

Act of 1954, for commodities supplied in connection with dispositions

abroad under title II of said Act, $1,182,501,000, to remain available

until expended.

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit

Corporation’s export guarantee program, GSM 102 and GSM 103,

$4,423,000; to cover common overhead expenses as permitted by

section 11 of the Commodity Credit Corporation Charter Act and

in conformity with the Federal Credit Reform Act of 1990, of which

$3,421,000 may be transferred to and merged with the appropriation

for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of

which $1,002,000 may be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section

3107 of the Farm Security and Rural Investment Act of 2002

(7 U.S.C. 1736o–1), $87,500,000, to remain available until expended:

Provided, That the Commodity Credit Corporation is authorized

to provide the services, facilities, and authorities for the purpose

of implementing such section, subject to reimbursement from

amounts provided herein.

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG

ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration,

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law

92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose

space in the District of Columbia or elsewhere; for miscellaneous

and emergency expenses of enforcement activities, authorized and

Notice.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2838 PUBLIC LAW 108–447—DEC. 8, 2004

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

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $42,350,000 (from assessments collected from

farm credit institutions and from the Federal Agricultural Mortgage

Corporation) shall be obligated during the current fiscal year for

administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated

with receiverships.

TITLE VII—GENERAL PROVISIONS

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture

for the current fiscal year under this Act shall be available for

the purchase, in addition to those specifically provided for, of not

to exceed 388 passenger motor vehicles, of which 388 shall be

for replacement only, and for the hire of such vehicles.

SEC. 702. Funds in this Act available to the Department of

Agriculture shall be available for uniforms or allowances therefor

as authorized by law (5 U.S.C. 5901–5902).

SEC. 703. Funds appropriated by this Act shall be available

for employment pursuant to the second sentence of section 706(a)

of the Department of Agriculture Organic Act of 1944 (7 U.S.C.

2225) and 5 U.S.C. 3109.

SEC. 704. New obligational authority provided for the following

appropriation items in this Act shall remain available until

expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, information technology

infrastructure, fruit fly program, emerging plant pests, boll weevil

program, low pathogen avian influenza program, up to $33,197,000

in animal health monitoring and surveillance for the animal identification system, up to $3,000,000 in the emergency management

systems program for the vaccine bank, up to $1,000,000 for wildlife

services methods development, up to $1,000,000 of the wildlife

services operations program for aviation safety, and up to 25 percent

of the screwworm program; Food Safety and Inspection Service,

field automation and information management project; Cooperative

State Research, Education, and Extension Service, funds for

competitive research grants (7 U.S.C. 450i(b)), funds for the

Research, Education, and Economics Information System, and funds

for the Native American Institutions Endowment Fund; Farm

Service Agency, salaries and expenses funds made available to

county committees; Foreign Agricultural Service, middle-income

country training program, and up to $1,565,000 of the Foreign

Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject

to documentation by the Foreign Agricultural Service.

SEC. 705. The Secretary of Agriculture may transfer unobligated

balances of discretionary funds appropriated by this Act or other

available unobligated discretionary balances of the Department of

Agriculture to the Working Capital Fund for the acquisition of

plant and capital equipment necessary for the delivery of financial,

7 USC 2209b.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2840 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2841

on Appropriations of both Houses of Congress are notified 15 days

in advance of such reprogramming of funds.

(b) None of the funds provided by this Act, or provided by

previous Appropriations Acts to the agencies funded by this Act

that remain available for obligation or expenditure in the current

fiscal year, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent

as approved by Congress; or (3) results from any general savings

from a reduction in personnel which would result in a change

in existing programs, activities, or projects as approved by Congress;

unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of

funds.

(c) The Secretary of Agriculture, the Secretary of Health and

Human Services, or the Chairman of the Commodity Futures

Trading Commission shall notify the Committees on Appropriations

of both Houses of Congress before implementing a program or

activity not carried out during the previous fiscal year unless the

program or activity is funded by this Act or specifically funded

by any other Act.

SEC. 720. With the exception of funds needed to administer

and conduct oversight of grants awarded and obligations incurred

in prior fiscal years, none of the funds appropriated or otherwise

made available by this or any other Act may be used to pay

the salaries and expenses of personnel to carry out the provisions

of section 401 of Public Law 105–185, the Initiative for Future

Agriculture and Food Systems (7 U.S.C. 7621).

SEC. 721. None of the funds appropriated by this or any other

Act shall be used to pay the salaries and expenses of personnel

who prepare or submit appropriations language as part of the

President’s Budget submission to the Congress of the United States

for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies that assumes revenues or

reflects a reduction from the previous year due to user fees proposals

that have not been enacted into law prior to the submission of

the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees

proposals are not enacted prior to the date of the convening of

a committee of conference for the fiscal year 2006 appropriations

Act.

SEC. 722. None of the funds made available by this or any

other Act may be used to close or relocate a State Rural Development office unless or until cost effectiveness and enhancement

of program delivery have been determined.

SEC. 723. In addition to amounts otherwise appropriated or

made available by this Act, $2,500,000 is appropriated for the

purpose of providing Bill Emerson and Mickey Leland Hunger

Fellowships, through the Congressional Hunger Center.

SEC. 724. Notwithstanding section 412 of the Agricultural Trade

Development and Assistance Act of 1954 (7 U.S.C. 1736f), any

Notification.

Notification.

Deadline.

118 STAT. 2842 PUBLIC LAW 108–447—DEC. 8, 2004

balances available to carry out title III of such Act as of the

date of enactment of this Act, and any recoveries and reimbursements that become available to carry out title III of such Act,

may be used to carry out title II of such Act.

SEC. 725. Section 375(e)(6)(B) of the Consolidated Farm and

Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by

striking ‘‘$26,998,000’’ and inserting ‘‘$27,998,000’’.

SEC. 726. (a) None of the funds appropriated or otherwise

made available by this Act shall be used to pay the salaries and

expenses of personnel to collect from the lender at the time of

issuance a guarantee fee of less than 2 percent of the principal

obligation of guaranteed single-family housing loans administered

by the Rural Housing Service: Provided, That this section shall

not apply to loans made to refinance other single-family housing

loans administered by the Rural Housing Service.

(b) Section 502(h)(6)(C) of the Housing Act of 1949 (42 U.S.C.

1472(h)(6)(C)) is amended by inserting ‘‘, plus the guarantee fee

as authorized by subsection (h)(7)’’ after ‘‘whichever is less’’, in

each of paragraphs (i) and (ii).

SEC. 727. Notwithstanding any other provision of law, and

until receipt of the decennial Census in the year 2010, the Secretary

of Agriculture shall consider—

(1) the City of Salinas, California; the City of Watsonville,

California; and the City of Hollister, California, eligible for

programs administered by the Rural Housing Service;

(2) the Town of Horseshoe Beach, Florida; the City of

Wewahitchka, Florida; the City of Southport, Florida; the City

of Resota Beach, Florida; the City of Creedmoor, North Carolina; the County of Lake, Florida; the City of St. Cloud, Florida;

the City of Plantation, Florida; the Cleburne County Water

Authority of Alabama; and the City of Coburg, Oregon, eligible

for loans and grants funded through the rural utilities programs

in the Rural Community Advancement Program account;

(3) the City of Casa Grande, Arizona, a rural area for

purposes of eligibility for loans and grants provided through

the Rural Housing Insurance Fund Program account, the Rural

Housing Assistance Grants account and the rural utilities programs in the Rural Community Advancement Program account;

(4) the City of Coachella, California, eligible for loans and

grants funded through the rural utilities programs and rural

business and cooperative development programs in the Rural

Community Advancement Program account and the Rural

Housing Insurance Fund Program account;

(5) the City of Springfield, Ohio; the City of Lexington,

Virginia; the City of Clarksdale, Mississippi; the City of Vicksburg, Mississippi; the City of Cache, Oklahoma; and the City

of Elgin, Oklahoma, eligible for loans and grants funded

through the rural community programs in the Rural Community Advancement Program account;

(6) the City of Carbondale, Illinois, a rural area for purposes

of eligibility for loans and grants funded through the Rural

Housing Insurance Fund Program account and the Rural

Housing Assistance Grants account;

(7) the City of St. Joseph, Missouri, eligible for loans and

grants funded through the rural business and cooperative

development programs in the Rural Community Advancement

Program account relating to an application submitted to the

State listing.

PUBLIC LAW 108–447—DEC. 8, 2004 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. 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

HIV/AIDS.

118 STAT. 2844 PUBLIC LAW 108–447—DEC. 8, 2004

expenses of personnel to carry out section 14(h)(1) of the Watershed

Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).

SEC. 734. None of the funds made available to the Food and

Drug Administration by this Act shall be used to close or relocate,

or to plan to close or relocate, the Food and Drug Administration

Division of Pharmaceutical Analysis in St. Louis, Missouri, outside

the city or county limits of St. Louis, Missouri.

SEC. 735. None of the funds appropriated or made available

by this or any other Act may be used to pay the salaries and

expenses of personnel to carry out subtitle I of the Consolidated

Farm and Rural Development Act (7 U.S.C. 2009dd through dd–

7).

SEC. 736. Agencies and offices of the Department of Agriculture

may utilize any unobligated salaries and expenses funds to

reimburse the Office of the General Counsel for salaries and

expenses of personnel, and for other related expenses, incurred

in representing such agencies and offices in the resolution of complaints by employees or applicants for employment, and in cases

and other matters pending before the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, or the

Merit Systems Protection Board with the prior approval of the

Committees on Appropriations of both Houses of Congress.

SEC. 737. None of the funds appropriated or made available

by this or any other Act may be used to pay the salaries and

expenses of personnel to carry out section 6405 of Public Law

107–171 (7 U.S.C. 2655).

SEC. 738. The Agricultural Marketing Service and the Grain

Inspection, Packers and Stockyards Administration, that have

statutory authority to purchase interest bearing investments outside

of the Treasury, are not required to establish obligations and outlays

for those investments, provided those investments are insured by

the Federal Deposit Insurance Corporation or are collateralized

at the Federal Reserve with securities approved by the Federal

Reserve, operating under the guidelines of the United States

Department of the Treasury.

SEC. 739. Of the funds made available under section 27(a)

of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary

may use up to $10,000,000 for costs associated with the distribution

of commodities.

SEC. 740. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to enroll in excess of 154,500 acres

in the calendar year 2005 wetlands reserve program as authorized

by 16 U.S.C. 3837.

SEC. 741. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel who carry out an environmental quality

incentives program authorized by chapter 4 of subtitle D of title

XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.)

in excess of $1,017,000,000.

SEC. 742. Hereafter, the Secretary of Agriculture is authorized

to permit employees of the United States Department of Agriculture

to carry and use firearms for personal protection while conducting

field work in remote locations in the performance of their official

duties.

SEC. 743. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

Firearms.

7 USC 2274a.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2846 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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. 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 TriValley Community Center addition in Healy, Alaska; the Cold

42 USC 1472

note.

118 STAT. 2848 PUBLIC LAW 108–447—DEC. 8, 2004

Climate Housing Research Center in Fairbanks, Alaska; and

the University of Alaska-Fairbanks Allied Health Learning

Center skill labs/classrooms shall be eligible to receive Community Facilities grants in amounts that are equal to not more

than 75 percent of the total facility costs: Provided, That for

the purposes of this paragraph, the Cold Climate Housing

Research Center is designated an ‘‘essential community facility’’

for rural Alaska;

(3) the Secretary shall consider the City of Guymon, Oklahoma; the City of Shawnee, Oklahoma; the Village of New

Miami, Ohio; the City of Vicksburg, Mississippi; and the City

of Altus, Oklahoma, to be eligible for loans and grants provided

through the Rural Housing Insurance Fund until receipt of

the decennial Census in the year 2010;

(4) grants made under section 306(a)(19) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19))

using funds made available under this Act for the cities of

Ellisville and Waynesboro, Mississippi, shall be made without

a non-Federal cost share requirement;

(5) the City of Great Falls, Montana, shall be considered

a rural area for purposes of eligibility for business and industry

guaranteed loans under section 310B(a)(1) of the Consolidated

Farm and Rural Development Act (7 U.S.C. 1932(a)(1)) until

receipt of the decennial Census in the year 2010;

(6) the Secretary may consider the Piedmont Municipal

Power Agency of South Carolina eligible to participate in programs administered by the Rural Utilities Service until receipt

of the decennial Census in the year 2010; and

(7) until receipt of the decennial Census for the year 2010,

for all activities under programs of the Rural Development

Mission Area within the County of Honolulu, Hawaii, the Secretary may designate any portion of the county as a rural

area or eligible rural community that the Secretary determines

is not urban in character: Provided, That the Secretary shall

not include in any such rural area or eligible rural community

any area included in the Honolulu Census Designated Place

as determined by the Secretary of Commerce.

SEC. 769. Section 501 of the Agricultural Trade Development

and Assistance Act of 1954 (7 U.S.C. 1737) is amended—

(1) in subsection (b)(1), by inserting ‘‘and Doug Bereuter’’

after ‘‘John Ogonowski’’; and

(2) in the heading, by inserting ‘‘AND DOUG BEREUTER’’

after ‘‘JOHN OGONOWSKI’’.

SEC. 770. Notwithstanding the provisions of the Consolidated

Farm and Rural Development Act (including the associated regulations) governing the Community Facilities Program, the Secretary

may allow all Community Facility Program facility borrowers and

grantees to enter into contracts with not-for-profit third parties

for services consistent with the requirements of the Program, grant,

and/or loan: Provided, That the contracts protect the interests of

the Government regarding cost, liability, maintenance, and administrative fees.

SEC. 771. Notwithstanding any other provision of law, the

Secretary of Agriculture is authorized to make funding and other

assistance available through the emergency watershed protection

program under section 403 of the Agricultural Credit Act of 1978

(16 U.S.C. 2203) to repair and prevent damage to non-Federal

Contracts.

PUBLIC LAW 108–447—DEC. 8, 2004 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 Agricul- tural Conservation Program account, $3,500,000 are hereby

rescinded.

118 STAT. 2850 PUBLIC LAW 108–447—DEC. 8, 2004

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—

PUBLIC LAW 108–447—DEC. 8, 2004 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) is amended by striking the closing quotation marks

and the following period at the end of section 9(b)(5)(A)(iv) of

the Richard B. Russell National School Lunch Act (as added by

that section 104(b)(1) of Public Law 108–265).

(b) Section 13(a)(10) of the Richard B. Russell National School

Lunch Act (42 U.S.C. 1761(a)(10)) (as added by section 116(d) of

Public Law 108–265) is amended—

(1) in subparagraph (C), by striking ‘‘2005’’ and inserting

‘‘2006’’; and

(2) in subparagraph (D)—

(A) in clause (i), by striking ‘‘2007’’ and inserting

‘‘2008’’; and

(B) in clause (ii), by striking ‘‘2008’’ and inserting

‘‘2009’’.

(c) Section 21(e)(2)(A) of the Richard B. Russell National School

Lunch Act (42 U.S.C. 1769b–1(e)(2)(A)) (as amended by section

125(c)(2)(B) of Public Law 108–265) is amended by inserting ‘‘and’’

after ‘‘2005’’.

(d) Section 17(f)(1)(C)(i) of the Child Nutrition Act of 1966

(42 U.S.C. 1786(f)(1)(C)(i) (as amended by section 203(e)(10)(B) of

Public Law 108–265) is amended by striking the period after ‘‘subsection (h)(11)’’.

(e) Section 17(h)(8)(A)(vi) of the Child Nutrition Act of 1966

(42 U.S.C. 1786(h)(8)(A)(vi) (as added by section 203(e)(5) of Public

Law 108–265) is amended by striking ‘‘Each State’’ and inserting

‘‘Effective beginning October 1, 2004, each State’’.

(f) Section 502(b) of the Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108–265) is amended—

(1) in paragraph (2), by striking ‘‘203(e)(5),’’; and

(2) in paragraph (4), by striking ‘‘104’’ and inserting ‘‘104

(other than section 104(a)(1))’’.

SEC. 789. Section 104 of chapter 1 of the Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act,

2005, Public Law 108–324, is amended by adding ‘‘and tropical

storms’’ after ‘‘hurricanes’’.

SEC. 790. There is hereby appropriated $1,000,000, to remain

available until expended, for a grant to the Ohio Livestock Expo

Center in Springfield, Ohio.

SEC. 791. There is hereby appropriated $1,000,000, to remain

available until expended, for a grant to the Virginia Horse Center

in Lexington, Virginia.

SEC. 792. Notwithstanding any other provision of law, unobligated funding balances in the Great Plains Conservation Program

authorized under section 16(b) of the Soil Conservation and

15 USC 720b.

42 USC 1754

note.

42 USC 1758.

118 STAT. 2852 PUBLIC LAW 108–447—DEC. 8, 2004

Domestic Allotment Act (16 U.S.C. 590p(b)); the Forestry Incentives

Program authorized by section 4 and section 6 of the Cooperative

Forestry Assistance Act of 1978 (16 U.S.C. 2103); The Water Bank

Program authorized by The Water Bank Act of 1970 (Public Law

91–559); and funding for the John’s Creek, TN Watershed and

Flood Prevention Operations project are hereby rescinded.

SEC. 793. There is hereby appropriated $2,250,000, to remain

available until expended, for a grant to the Wisconsin Federation

of Cooperatives for pilot Wisconsin-Minnesota health care cooperative purchasing alliances.

SEC. 794. (a) Section 1240B of the Food Security Act of 1985,

16 U.S.C. 3839 aa–2, is amended at the end by adding the following:

‘‘(h) FUNDING FOR FEDERALLY RECOGNIZED NATIVE AMERICAN

INDIAN TRIBES AND ALASKA NATIVE CORPORATIONS.—The Secretary

may enter into alternative funding arrangements with federally

recognized Native American Indian Tribes and Alaska Native Corporations (including their affiliated membership organizations) if

the Secretary determines that the goals and objectives of the program will be met by such arrangements, and that statutory limitations regarding contracts with individual producers as defined under

this Subtitle will not be exceeded by any Tribal or Native Corporation member.’’.

(b) Section 1240G of the Food Security Act of 1985, 16 U.S.C.

3839aa–7, is amended by inserting after ‘‘2007,’’ the following:

‘‘(excluding funding arrangements with federally recognized Native

American Indian Tribes or Alaska Native Corporations under section 1240B(h))’’. 

SEC. 795. There is hereby appropriated $6,000,000, to remain

available until expended, for a grant to the Florida Department

of Citrus.

SEC. 796 Notwithstanding any other provision of law, effective

with funds made available in fiscal year 2004 to States administering the Child and Adult Care Food Program, for the purpose

of conducting audits of participating institutions, funds identified

by the Secretary as having been unused during the initial fiscal

year of availability may be recovered and reallocated by the Secretary: Provided, That States may use the reallocated funds until

expended for the purpose of conducting audits of participating

institutions.

SEC. 797. Section 1238Q of the Food Security Act of 1985

is amended—

(1) in subsection (a), by striking ‘‘permit’’ and inserting

‘‘transfer title of ownership to an easement under this subchapter to’’; and

(2) by striking subsection (d) and inserting the following

new subsection:

‘‘(d) TRANSFER OF TITLE OF OWNERSHIP OF EASEMENT.—Reversion—If a private organization or State agency holding an easement

on land under this subchapter dissolves or fails to enforce the

terms of the easement, the easement shall revert to the Secretary.’’.

This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005’’.

16 USC 3838q.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2853

DIVISION B—DEPARTMENTS OF COMMERCE, JUSTICE, AND

STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

TITLE I—DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Depart- ment 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

Department of

Justice

Appropriations

Act, 2005.

Departments of

Commerce,

Justice, and

State, the

Judiciary, and

Related Agencies

Appropriations

Act, 2005.

118 STAT. 2854 PUBLIC LAW 108–447—DEC. 8, 2004

Radio legacy systems, $100,000,000, to remain available until September 30, 2006: Provided, That the Attorney General shall transfer

to the ‘‘Narrowband Communications’’ account all funds made available to the Department of Justice for the purchase of portable

and mobile radios: Provided further, That any transfer made under

the preceding proviso shall be subject to section 605 of this Act.

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $203,965,000.

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee,

$885,994,000, to remain available until expended: Provided, That

the Trustee shall be responsible for managing the Justice Prisoner

and Alien Transportation System and for overseeing housing related

to such detention: Provided further, That any unobligated balances

available in prior years from the funds appropriated under the

heading ‘‘Federal Prisoner Detention’’ shall be transferred to and

merged with the appropriation under the heading ‘‘Detention

Trustee’’ and shall be available until expended. Provided further,

That the Trustee, working in consultation with the Bureau of

Prisons, shall submit a plan for collecting information related to

evaluating the health and safety of Federal prisoners in non-Federal

institutions no later than 180 days following the enactment of

this Act.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,

$63,813,000, including not to exceed $10,000 to meet unforeseen

emergencies of a confidential character.

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission

as authorized, $10,638,000.

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed

$20,000 for expenses of collecting evidence, to be expended under

the direction of, and to be accounted for solely under the certificate

of, the Attorney General; and rent of private or Government-owned

space in the District of Columbia, $634,193,000, of which not to

exceed $10,000,000 for litigation support contracts shall remain

available until expended: Provided, That of the total amount appropriated, not to exceed $1,000 shall be available to the United

States National Central Bureau, INTERPOL, for official reception

and representation expenses: Provided further, That notwithstanding any other provision of law, upon a determination by the

Attorney General that emergent circumstances require additional

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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-ScottRodino 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 fulltime equivalent workyears available to the Offices of the United

States Attorneys, not to exceed 10,212 positions and 10,273 fulltime 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.

118 STAT. 2856 PUBLIC LAW 108–447—DEC. 8, 2004

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 prisonerholding 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

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2858 PUBLIC LAW 108–447—DEC. 8, 2004

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 fulltime 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.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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

18 USC 923 note.

118 STAT. 2860 PUBLIC LAW 108–447—DEC. 8, 2004

of Alcohol, Tobacco, Firearms, and Explosives to enforce the provisions of that chapter, or a review of such an action or proceeding;

except that this proviso shall not be construed to prevent the

disclosure of statistical information concerning total production,

importation, and exportation by each licensed importer (as defined

in section 921(a)(9) of such title) and licensed manufacturer (as

defined in section 921(a)(10) of such title): Provided further, That

no funds made available by this or any other Act shall be expended

to promulgate or implement any rule requiring a physical inventory

of any business licensed under section 923 of title 18, United

States Code: Provided further, That no funds under this Act may

be used to electronically retrieve information gathered pursuant

to 18 U.S.C. 923(g)(4) by name or any personal identification code:

Provided further, That no funds authorized or made available under

this or any other Act may be used to deny any application for

a license under section 923 of title 18, United States Code, or

renewal of such a license due to a lack of business activity, provided

that the applicant is otherwise eligible to receive such a license,

and is eligible to report business income or to claim an income

tax deduction for business expenses under the Internal Revenue

Code of 1986: Provided further, That of the total amount provided under this paragraph, $5,600,000 shall be for the construction and

establishment of the Federal Firearms Licensing Center at the

Bureau of Alcohol, Tobacco, Firearms and Explosives National

Tracing Center Facility and shall remain available until expended.

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For expenses necessary of the Federal Prison System for the

administration, operation, and maintenance of Federal penal and

correctional institutions, including purchase (not to exceed 780,

of which 649 are for replacement only) and hire of law enforcement

and passenger motor vehicles, and for the provision of technical

assistance and advice on corrections related issues to foreign governments, $4,627,696,000: Provided, That the Attorney General may

transfer to the Health Resources and Services Administration such

amounts as may be necessary for direct expenditures by that

Administration for medical relief for inmates of Federal penal and

correctional institutions: Provided further, That the Director of the

Federal Prison System, where necessary, may enter into contracts

with a fiscal agent/fiscal intermediary claims processor to determine

the amounts payable to persons who, on behalf of the Federal

Prison System, furnish health services to individuals committed

to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be available for official reception

and representation expenses: Provided further, That not to exceed

$365,836,000 shall remain available for prison activations until

September 30, 2006: Provided further, That, of the amounts provided for Contract Confinement, not to exceed $20,000,000 shall

remain available until expended to make payments in advance

for grants, contracts and reimbursable agreements, and other

expenses authorized by section 501(c) of the Refugee Education

Assistance Act of 1980, for the care and security in the United

States of Cuban and Haitian entrants: Provided further, That the

Director of the Federal Prison System may accept donated property

and services relating to the operation of the prison card program

42 USC 250a.

PUBLIC LAW 108–447—DEC. 8, 2004 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’’);

118 STAT. 2862 PUBLIC LAW 108–447—DEC. 8, 2004

the Victims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the Prosecutorial Remedies and Other Tools to End the Exploitation of Children

Today Act of 2003 (Public Law 108–21); the Juvenile Justice and

Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); and the Victims of Trafficking and Violence Protection Act of 2000 (Public

Law 106–386); $387,275,000, including amounts for administrative

costs, to remain available until expended: Provided, That all balances, unobligated and obligated, from grants and activities

administered by the Office on Violence Against Women shall be

transferred from the Office of Justice Programs to the Office on

Violence Against Women within 60 days of enactment of this Act:

Provided further, That of the amount provided—

(1) $11,897,000 for the court-appointed special advocate

program, as authorized by section 217 of the 1990 Act;

(2) $1,925,000 for child abuse training programs for judicial

personnel and practitioners, as authorized by section 222 of

the 1990 Act;

(3) $983,000 for grants for televised testimony, as authorized by Part N of the 1968 Act;

(4) $187,086,000 for grants to combat violence against

women, as authorized by part T of the 1968 Act, of which—

(A) $5,000,000 shall be for the National Institute of

Justice for research and evaluation of violence against

women;

(B) $10,000,000 shall be for the Office of Juvenile Justice and Delinquency Prevention for the Safe Start Program, as authorized by the 1974 Act; and

(C) $12,500,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or

sexual assault as authorized by Public Law 108–21;

(5) $63,491,000 for grants to encourage arrest policies as

authorized by part U of the 1968 Act;

(6) $39,685,000 for rural domestic violence and child abuse

enforcement assistance grants, as authorized by section

40295(a) of the 1994 Act;

(7) $4,415,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration

projects;

(8) $2,950,000 for grants to improve the stalking and

domestic violence databases, as authorized by section 40602

of the 1994 Act;

(9) $9,175,000 to reduce violent crimes against women on

campus, as authorized by section 1108(a) of Public Law 106–

386;

(10) $39,740,000 for legal assistance for victims, as authorized by section 1201(c) of Public Law 106–386;

(11) $4,600,000 for enhancing protection for older and disabled women from domestic violence and sexual assault, as

authorized by section 40802 of the 1994 Act;

(12) $14,078,000 for the safe havens for children pilot program, as authorized by section 1301(a) of Public Law 106–

386; and

(13) $7,250,000 for education and training to end violence

against and abuse of women with disabilities, as authorized

by section 1402(a) of Public Law 106–386.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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;

118 STAT. 2864 PUBLIC LAW 108–447—DEC. 8, 2004

(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

PUBLIC LAW 108–447—DEC. 8, 2004 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.);

118 STAT. 2866 PUBLIC LAW 108–447—DEC. 8, 2004

(14) $10,000,000 is for an offender re-entry program, as

authorized by Public Law 107–273;

(15) $4,325,000 is for the Safe Schools Initiative; and

(16) not to exceed $30,000,000 is for program management

and administration.

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention

Act of 1974 (‘‘the Act’’), and other juvenile justice programs,

including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance,

$384,177,000, to remain available until expended, as follows—

(1) $3,000,000 for concentration of Federal efforts, as

authorized by section 204 of the Act;

(2) $84,000,000 for State and local programs authorized

by section 221 of the Act, including training and technical

assistance to assist small, non-profit organizations with the

Federal grants process;

(3) $102,177,000 for demonstration projects, as authorized

by sections 261 and 262 of the Act;

(4) $10,000,000 for research, evaluation, training and technical assistance, as authorized by sections 251 and 252 of

the Act;

(5) $15,000,000 for juvenile mentoring programs;

(6) $80,000,000 for delinquency prevention, as authorized

by section 505 of the Act, of which—

(A) $10,000,000 shall be for the Tribal Youth Program;

(B) $25,000,000 shall be for a gang resistance education

and training program to be administered by the Bureau

of Justice Assistance and to be coordinated with the Bureau

of Alcohol, Tobacco, Firearms and Explosives and the Office

of Juvenile Justice and Delinquency Prevention; and

(C) $25,000,000 shall be for grants of $360,000 to each

State and $6,640,000 shall be available for discretionary

grants to States, for programs and activities to enforce

State laws prohibiting the sale of alcoholic beverages to

minors or the purchase or consumption of alcoholic beverages by minors, prevention and reduction of consumption

of alcoholic beverages by minors, and for technical assistance and training;

(7) $5,000,000 for Project Childsafe;

(8) $15,000,000 for the Secure Our Schools Act as authorized by Public Law 106–386;

(9) $15,000,000 for programs authorized by the Victims

of Child Abuse Act of 1990; and

(10) $55,000,000 for the Juvenile Accountability Block

Grants program as authorized by Public Law 107–273 and

Guam shall be considered a State:

Provided, That not more than 10 percent of each amount may

be used for research, evaluation, and statistics activities designed

to benefit the programs or activities authorized: Provided further,

That not more than 2 percent of each amount may be used for

training and technical assistance.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2868 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 108. In addition to the amounts provided under ‘‘Salaries

and Expenses, United States Attorneys’’, $15,000,000 shall be for

Project Seahawk and shall remain available until expended.

SEC. 109. The Attorney General is authorized to extend through

September 30, 2006, the Personnel Management Demonstration

Project transferred to the Attorney General pursuant to section

1115 of the Homeland Security Act of 2002, Public Law 107–

296 (6 U.S.C. 533) without limitation on the number of employees

or the positions covered.

SEC. 110. (a) None of the funds made available in this Act

may be used by the Drug Enforcement Administration to establish

a procurement quota following the approval of a new drug application or an abbreviated new drug application for a controlled substance.

(b) The limitation established in subsection (a) shall not apply

until 180 days after enactment of this Act.

SEC. 111. The limitation established in the preceding section

shall not apply to any new drug application or abbreviated new

drug application for which the Drug Enforcement Administration

has reviewed and provided public comments on labeling, promotion,

risk management plans, and any other documents.

SEC. 112. (a) Section 8335(b) of title 5, United States Code,

is amended—

(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and

(2) by adding at the end the following:

‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by

substituting ‘65 years of age’ for ‘60 years of age’. The authority

to grant exemptions in accordance with the preceding sentence

shall cease to be available after December 31, 2009.’’.

(b) Section 8425(b) of title 5, United States Code, is amended—

(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and

(2) by adding at the end the following:

‘‘(2) In the case of employees of the Federal Bureau of Investigation, the second sentence of paragraph (1) shall be applied by

substituting ‘65 years of age’ for ‘60 years of age’. The authority

to grant exemptions in accordance with the preceding sentence

shall cease to be available after December 31, 2009.’’.

SEC. 113. (a) Subchapter IV of chapter 57 of title 5, United

States Code, is amended by adding at the end the following:

‘‘§ 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

Termination

date.

Applicability.

Termination

date.

Applicability.

Effective date.

5 USC 3104 note.

PUBLIC LAW 108–447—DEC. 8, 2004 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

‘‘§ 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:

118 STAT. 2870 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE

FEDERAL BUREAU OF INVESTIGATION

‘‘3598. Federal Bureau of Investigation reserve service.’’.

SEC. 115. Section 5377(a)(2) of title 5, United States Code,

is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (E);

(2) by striking the period at the end of subparagraph (F)

and inserting ‘‘; and’’; and

(3) by inserting after subparagraph (F) the following:

‘‘(G) a position at the Federal Bureau of Investigation,

the primary duties and responsibilities of which relate

to intelligence functions (as determined by the Director

of the Federal Bureau of Investigation).’’.

SEC. 116. Notwithstanding any other provision of law, Public

Law 102–395 section 102(b) shall extend to the Bureau of Alcohol,

Tobacco, Firearms and Explosives in the conduct of undercover

investigative operations and shall apply without fiscal year limitation with respect to any undercover investigative operation initiated

by the Bureau of Alcohol, Tobacco, Firearms and Explosives that

is necessary for the detection and prosecution of crimes against

the United States.

SEC. 117. Section 1344 of title 31 of the United States Code,

is amended in subsection (b) paragraph (6) by inserting after ‘‘Federal Bureau of Investigation,’’ the words ‘‘Director of the Bureau

of Alcohol, Tobacco, Firearms and Explosives’’. This amendment

shall take effect as if enacted on January 1, 2004.

SEC. 118. Within 45 days of enactment of this Act, the Bureau

of Prisons will submit a comprehensive financial plan for the Federal Prison System to the Committees on Appropriations.

SEC. 119. The Bureau of Prisons shall implement a pilot program in the Southern District of Florida which would allow the

Federal Public Defender to transfer computers to the local detention

facility to review electronic discovery. These computers will be

used according to schedules and protocols developed by the staff

of the local facility in consultation with the Federal Defender and

the District Court’s Criminal Justice Act Selection Committee.

SEC. 120. None of the funds made available to the Department

of Justice in this Act may be used for the purpose of transporting

an individual who is a prisoner pursuant to conviction for crime

under State or Federal law and is classified as a maximum or

high security prisoner, other than to a prison or other facility

certified by the Federal Bureau of Prisons as appropriately secure

for housing such a prisoner.

SEC. 121. (a) None of the funds appropriated by this Act may

be used by Federal prisons to purchase cable television services,

to rent or purchase videocassettes, videocassette recorders, or other

audiovisual or electronic equipment used primarily for recreational

purposes.

(b) The preceding sentence does not preclude the renting,

maintenance, or purchase of audiovisual or electronic equipment

for inmate training, religious, or educational programs.

SEC. 122. Section 3(e) of the Radiation Exposure Compensation

Act (42 U.S.C. 2210 note) is amended—

(1) in paragraph (1), by striking ‘‘through fiscal year 2011’’;

and

(2) in paragraph (2), by striking subparagraphs (E) through

(J).

Deadline.

Effective date.

31 USC 1344 and

note.

28 USC 533 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2871

SEC. 123. The Prison Rape Elimination Act of 2003 is

amended—

(1) in section 7—

(A) in the heading by striking ‘‘REDUCTION’’ and

inserting ‘‘ELIMINATION’’; and

(B) in subsection (a) by striking ‘‘Reduction’’ and

inserting ‘‘Elimination’’; and

(2) in section 1(b), by striking ‘‘Reduction’’ in the item

relating to section 7 and inserting ‘‘Elimination’’.

SEC. 124. (a) The President shall award and present a 9/

11 Heroes Medal of Valor of appropriate design, with ribbons and

appurtenances, to an appropriate representative of those individuals

who were members of public safety agencies and were killed in

the terrorist attacks in the United States on September 11, 2001,

as certified by the Attorney General, on behalf of such individuals.

(b) The presentation of medals pursuant to subsection (a) shall

be made as close as feasible to the 4th anniversary of the terrorist

attacks described in that subsection.

(c)(1) To be eligible for the medal referred to in subsection

(a), an individual shall have been a public safety officer (as defined

in section 5 of the Public Safety Officer Medal of Valor Act of

2001) who—

(A) was present in New York, Virginia, or Pennsylvania

on September 11, 2001;

(B) participated in the response that day to the terrorist

attacks on the World Trade Center, the terrorist attack on

the Pentagon, or the terrorist attack that resulted in the crash

of the fourth airplane in Pennsylvania; and

(C) died as a result of such participation.

(2) An individual who was killed in one of the attacks referred

to in paragraph (1)(B) shall be deemed, for purposes of the eligibility

requirement of that paragraph, to have participated in the response.

(3) The certification of eligible recipients of the medal under

subsection (a) shall be completed by the Attorney General by July

1, 2005.

(d)(1)(A) The design of the medal under this section shall be

selected by the Attorney General after consultation with—

(i) the Commission of Fine Arts; and

(ii) the Institute of Heraldry within the Department of

Defense, regarding the design and artistry of the 9/11 Heroes

Medal of Valor.

(B) The Attorney General may also consider suggestions

received by the Department of Justice regarding the design of

the medal, including those made by persons not employed by the

Department of Justice.

(2) After such consultation and selection of design, the Attorney

General shall make necessary arrangements with the Secretary

of the Treasury for the Secretary to prepare and strike, on a

reimbursable basis, such number of medals as may be required

to carry out this section.

(3) The medals struck under this section are national medals

for purposes of chapter 51 of title 31, United States Code.

(e) The Attorney General shall establish such procedures and

requirements as may be necessary to carry out this section.

(f) There are authorized to be appropriated to the Attorney

General such sums as may be necessary to carry out this section.

Procedures.

Certification.

Deadline.

President.

Medals.

31 USC 5111

note.

42 USC 15606.

118 STAT. 2872 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 125. (a) The Attorney General shall transfer, without

reimbursement, to the Secretary of the Army a parcel of real property, including any improvements thereon, consisting of approximately 57.8 acres located on River Road in Prince George County,

Virginia. The real property is currently under the administrative

jurisdiction of the Bureau of Prisons. Upon transfer of the real

property under this subsection, the Secretary of the Army shall

assume administrative and jurisdictional accountability over property and include the property as part of Fort Lee, Virginia.

(b) The exact acreage and legal description of the real property

to be transferred under subsection (a) shall be determined by a

survey satisfactory to the Secretary of the Army.

SEC. 126. The Department of Justice shall establish an Office

of Justice for Victims of Overseas Terrorism.

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2005’’.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade

Representative, including the hire of passenger motor vehicles and

the employment of experts and consultants as authorized by 5

U.S.C. 3109, $41,552,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $124,000 shall

be available for official reception and representation expenses: Provided further, That not less than $2,000,000 provided under this

heading shall be for expenses authorized by 19 U.S.C. 2451 and

1677b(c): Provided further, That negotiations shall be conducted

within the World Trade Organization to recognize the right of

members to distribute monies collected from antidumping and

countervailing duties: Provided further, That there is established

a position of Chief Negotiator for Intellectual Property Enforcement.

NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT

COORDINATION COUNCIL

For necessary expenses of the National Intellectual Property

Law Enforcement Coordination Council to coordinate domestic and

international intellectual property protection and law enforcement

relating to intellectual property among Federal and foreign entities,

$2,000,000, to remain available until September 30, 2006: Provided,

That there shall be at the head of the National Intellectual Property

Law Enforcement Coordination Council a Coordinator for International Intellectual Property Enforcement: Provided further, That

the Coordinator for International Intellectual Property Enforcement

shall be appointed by the President: Provided further, That no

person shall serve as the Coordinator for International Intellectual

Property Enforcement while serving in any other position in the

Federal Government: Provided further, That the co-chairs of the

President.

15 USC 1128

note.

Government

organization.

Establishment.

Government

organization.

19 USC 2171

note.

Department of

Commerce and

Related Agencies

Appropriations

Act, 2005.

Establishment.

28 USC 501 note.

Real property.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2874 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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,

118 STAT. 2876 PUBLIC LAW 108–447—DEC. 8, 2004

$80,000,000, to remain available until September 30, 2006, of which

$2,000,000 is for a grant to the National Academy of Public Administration to study impacts of off-shoring on the economy and workforce

of the United States.

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $198,765,000.

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses related to the 2010 decennial census,

$393,515,000, to remain available until September 30, 2006: Provided, That of the total amount available related to the 2010 decennial census, $165,196,000 is for the Re-engineered Design Process

for the Short-Form Only Census, $146,009,000 is for the American

Community Survey, and $82,310,000 is for the Master Address

File/Topologically Integrated Geographic Encoding and Referencing

(MAF/TIGER) system.

In addition, for expenses to collect and publish statistics for

other periodic censuses and programs provided for by law,

$162,601,000, to remain available until September 30, 2006, of

which $73,473,000 is for economic statistics programs and

$89,128,000 is for demographic statistics programs: Provided, That

regarding construction of a facility at the Suitland Federal Center,

quarterly reports regarding the expenditure of funds and project

planning, design and cost decisions shall be provided by the Bureau,

in cooperation with the General Services Administration, to the

Committees on Appropriations of the Senate and the House of

Representatives: Provided further, That none of the funds provided

in this or any other Act under the heading ‘‘Bureau of the Census,

Periodic Censuses and Programs’’ shall be used to fund the construction and tenant build-out costs of a facility at the Suitland Federal

Center: Provided further, That none of the funds provided in this

or any other Act for any fiscal year may be used for the collection

of Census data on race identification that does not include ‘‘some

other race’’ as a catagory.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National

Telecommunications and Information Administration (NTIA),

$17,433,000, to remain available until September 30, 2006: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of

Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services

and such fees shall be retained and used as offsetting collections

for costs of such spectrum services, to remain available until

expended: Provided further, That the Secretary of Commerce is

authorized to retain and use as offsetting collections all funds

transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research,

13 USC 5 note.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2878 PUBLIC LAW 108–447—DEC. 8, 2004

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’’.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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

15 USC 278k

note.

118 STAT. 2880 PUBLIC LAW 108–447—DEC. 8, 2004

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 fulltime 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

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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.

15 USC 1513a.

118 STAT. 2882 PUBLIC LAW 108–447—DEC. 8, 2004

OTHER

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of

the Department of Commerce provided for by law, including not

to exceed $5,000 for official entertainment, $48,109,000: Provided, That not to exceed 12 full-time equivalents and $1,621,000 shall

be expended for the legislative affairs function of the Department.

UNITED STATES TRAVEL AND TOURISM PROMOTION

For necessary expenses of the United States Travel and

Tourism Promotion Program, as authorized by section 210 of Public

Law 108–7, for programs promoting travel to the United States

including grants, contracts, cooperative agreements and related

costs, $10,000,000, to remain available until September 30, 2006.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978

(5 U.S.C. App.), $21,660,000.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce

by this Act shall be available for the activities specified in the

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in

the manner prescribed by the Act, and, notwithstanding 31 U.S.C.

3324, may be used for advanced payments not otherwise authorized

only upon the certification of officials designated by the Secretary

of Commerce that such payments are in the public interest.

SEC. 202. During the current fiscal year, appropriations made

available to the Department of Commerce by this Act for salaries

and expenses shall be available for hire of passenger motor vehicles

as authorized by 31 U.S.C. 1343 and 1344; services as authorized

by 5 U.S.C. 3109; and uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901–5902).

SEC. 203. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of Commerce

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

by any such transfers: Provided, That any transfer pursuant to

this section shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section: Provided further, That the Secretary of Commerce

shall notify the Committees on Appropriations at least 15 days

in advance of the acquisition or disposal of any capital asset

(including land, structures, and equipment) not specifically provided

for in this or any other Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies Appropriations Act.

SEC. 204. Any costs incurred by a department or agency funded

under this title resulting from personnel actions taken in response

to funding reductions included in this title or from actions taken

Notification.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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. Hereafter, none of the funds made available by this

or any other Act for the Department of Commerce shall be available

to reimburse the Unemployment Trust Fund or any other fund

or account of the Treasury to pay for any expenses authorized

by section 8501 of title 5, United States Code, for services performed

by individuals appointed to temporary positions within the Bureau

of the Census for purposes relating to the decennial censuses of

population.

SEC. 206. Of the amount available from the fund entitled ‘‘Promote and Develop Fishery Products and Research Pertaining to

American Fisheries’’, $10,000,000 shall be provided to the Alaska

Fisheries Marketing Board, $1,000,000 shall be available for the

‘‘Wild American Shrimp Initiative’’, and $1,000,000 shall be available for the Gulf Oyster Industry Education Program: Provided,

That: (1) the Alaska Fisheries Marketing Board (hereinafter ‘‘the

Board’’) shall be a nonprofit organization and not an agency or

establishment of the United States; (2) the Secretary may appoint,

assign, or otherwise designate as Executive Director an employee

of the Department of Commerce, who may serve in an official

capacity in such position, with or without reimbursement, and

such appointment or assignment shall be without interruption or

loss of civil service status or privilege; and (3) the Board may

adopt bylaws consistent with the purposes of this section, and

may undertake other acts necessary to carry out the provisions

of this section.

SEC. 207. (a) Hereafter, the Secretary of Commerce is authorized to operate a marine laboratory in South Carolina in accordance

with a memorandum of agreement, including any future amendments, among the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the State

of South Carolina, the Medical University of South Carolina, and

the College of Charleston as a partnership for collaborative, interdisciplinary marine scientific research.

(b) To carry out subsection (a), the agencies that are partners

in the Laboratory may accept, apply for, use, and spend Federal,

State, private and grant funds as necessary to further the mission

of the Laboratory without regard to the source or of the period

of availability of these funds and may apply for and hold patents,

as well as share personnel, facilities, and property. Any funds

collected or accepted by any partner may be used to offset all

or portions of its costs, including overhead, without regard to 31

U.S.C. 143302(b); to reimburse other participating agencies for all

or portions of their costs; and to fund research and facilities expansion. Funds for management and operation of the Laboratory may

be used to sustain basic laboratory operations for all participating

entities. The Secretary of Commerce is authorized to charge fees

and enter into contracts, grants, cooperative agreements and other

South Carolina.

Laboratories.

Research and

development.

13 USC 23 note.

118 STAT. 2884 PUBLIC LAW 108–447—DEC. 8, 2004

arrangements with Federal, State, private entities, and other entities, domestic and foreign, to further the mission of the Laboratory.

Any funds collected from such fees or arrangements shall be used

to support cooperative research, basic operations, and facilities

enhancement at the Laboratory.

SEC. 208. Funds made available for salaries and administrative

expenses to administer the Emergency Steel Loan Guarantee Program in section 211(b) of Public Law 108–199 shall remain available

until expended.

SEC. 209. A fishing capacity reduction program for the Southeast Alaska purse seine fishery is authorized to be financed through

a capacity reduction loan of $50,000,000 pursuant to sections 1111

and 1112 of title XI of the Merchant Marine Act of 1936 (46

U.S.C. App. 1279f and 1279g) subject to the conditions of this

section. In accordance with the Federal Credit Reform Act of 1990,

2 U.S.C. 661 et seq., $500,000 is made available from funds appropriated for ‘‘Pacific Coastal Salmon Recovery’’ in this Act for the

cost of the loan authorized by this section. The loan shall have

a term of 30 years, except that the amount to be repaid in any

1 year shall not exceed 2 percent of the total value of salmon

landed in the fishery and such repayment shall begin with salmon

landed after January 1, 2006.

SEC. 210. Section 653(a) of Public Law 106–58 is amended

by inserting the following: ‘‘(7) The Coordinator for International

Intellectual Property Enforcement.’’ after ‘‘Under Secretary of Commerce for International Trade.’’.

SEC. 211. Notwithstanding any other provision of law, of the

amounts made available elsewhere in this title to the ‘‘National

Institute of Standards and Technology, Construction of Research

Facilities’’, $20,000,000 is for a cooperative agreement with the

Medical University of South Carolina; $10,000,000 is for the Cancer

Research Center in Hawaii; $4,000,000 is for the Thayer School

of Engineering, of which $1,000,000 is for a biomass energy research

project, $2,000,000 is for a smart laser beam project, and $1,000,000

is for research relating to biomaterials; $1,000,000 is for civic education programs at the New Hampshire Institute of Politics;

$1,500,000 is for the Franklin Pierce Community Center; $2,000,000

is for the Southern New Hampshire University School of Community Economic Development; and $5,000,000 is for the Boston

Museum of Science.

SEC. 212. Section 3(f) of Public Law 104–91 is amended by

striking ‘‘and 2005’’ and inserting ‘‘2005, 2006, and 2007’’.

SEC. 213. Hereafter, notwithstanding any other Federal law

related to the conservation and management of marine mammals,

the State of Hawaii may enforce any State law or regulation with

respect to the operation in State waters of recreational and commercial vessels, for the purpose of conservation and management of

humpback whales, to the extent that such law or regulation is

no less restrictive than Federal law.

SEC. 214. ESTABLISHMENT OF THE ERNEST F. HOLLINGS SCHOLARSHIP PROGRAM. (a) ESTABLISHMENT.—The Administrator of the

National Oceanic and Atmospheric Administration shall establish

and administer the Ernest F. Hollings Scholarship Program. Under

the program, the Administrator shall award scholarships in oceanic

and atmospheric science, research, technology, and education to

be known as Ernest F. Hollings Scholarships.

15 USC 1542.

Hawaii.

16 USC 1379

note.

16 USC 1165

note.

Contracts.

15 USC 1128.

Alaska.

Salmon.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2886 PUBLIC LAW 108–447—DEC. 8, 2004

be deposited in the NOAA Operations, Research, and Facilities

Appropriations Account and treated as an offsetting collection and

only be available for financing additional scholarships.

SEC. 215. Section 402(f) of Public Law 107–372 is amended—

(1) in paragraph (1), by striking ‘‘All right’’ and inserting

‘‘For the period ending April 3, 2008, all right’’; and

(2) in paragraph (3), by inserting ‘‘for the period ending

April 3, 2008’’ after ‘‘and annually thereafter’’.

SEC. 216. Of the amounts made available under this heading

for the National Oceanic and Atmospheric Administration, the Secretary of Commerce shall pay by March 1, 2005, $5,000,000 to

the National Marine Sanctuaries Foundation to capitalize a fund

for ocean activities.

SEC. 217. Any funding provided under this title used to implement the Department of Commerce’s E-Government Initiatives shall

be subject to the procedures set forth in section 605 of this Act.

SEC. 218. A fishing capacity reduction program for the Federal

Gulf of Mexico Reef Fish Fishery Management Plan principally

intended for commercial long line vessels is authorized to be

financed through a capacity reduction loan of $35,000,000 pursuant

to sections 1111 and 1112 of title XI of the Merchant Marine

Act of 1936 (46 U.S.C. App. 1279f and 1279g) subject to the conditions of this section. In accordance with the Federal Credit Reform

Act of 1990 (2 U.S.C. 661 et seq.), $350,000 is hereby appropriated

for the subsidy cost of the loan authorized under this section and

shall remain available until expended. The Secretary of Commerce,

working in close coordination with active fishery participants, is

hereby authorized to design and implement a comprehensive voluntary capacity reduction program using the loan authorized under

this section. The Secretary shall set the loan term at 35 years

and repayment shall begin within 1 year of final implementation

of the program. In addition to the authority of the Gulf of Mexico

Regional Fishery Management Council to develop and recommend

conservation and management measures for the Gulf of Mexico

reef fish fishery, the Secretary of Commerce is authorized to develop

and implement a limited access program pursuant to the standards

set forth in section 303(b)(6) of the Magnuson-Stevens Fishery

Conservation and Management Act (16 U.S.C. 1853(b)(6)).

SEC. 219. (a) DEFINITIONS.—In this section:

(1) AFA TRAWL CATCHER PROCESSOR SUBSECTOR.—The term

‘‘AFA trawl catcher processor subsector’’ means the owners

of each catcher/processor listed in paragraphs (1) through (20)

of section 208(e) of the American Fisheries Act (16 U.S.C.

1851 note).

(2) BSAI.—The term ‘‘BSAI’’ has the meaning given the

term ‘‘Bering Sea and Aleutian Islands Management Area’’

in section 679.2 of title 50, Code of Federal Regulations (or

successor regulation).

(3) CATCHER PROCESSOR SUBSECTOR.—The term ‘‘catcher

processor subsector’’ means, as appropriate, one of the following:

(A) The longline catcher processor subsector.

(B) The AFA trawl catcher processor subsector.

(C) The non-AFA trawl catcher processor subsector.

(D) The pot catcher processor subsector.

(4) COUNCIL.—The term ‘‘Council’’ means the North Pacific

Fishery Management Council established in section 302(a)(1)(G)

Loans.

Fisheries.

Deadline.

116 Stat. 3102.

PUBLIC LAW 108–447—DEC. 8, 2004 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 ‘‘nonpollock 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.

118 STAT. 2888 PUBLIC LAW 108–447—DEC. 8, 2004

(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

PUBLIC LAW 108–447—DEC. 8, 2004 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) 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)—

Deadline.

Federal Register,

publication.

118 STAT. 2890 PUBLIC LAW 108–447—DEC. 8, 2004

(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 MagnusonStevens 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.

PUBLIC LAW 108–447—DEC. 8, 2004 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

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.

Judiciary

Appropriations

Act, 2005.

118 STAT. 2892 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2894 PUBLIC LAW 108–447—DEC. 8, 2004

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 provi- sions of chapter 58 of title 28, United States Code, $13,304,000,

of which not to exceed $1,000 is authorized for official reception

and representation expenses.

GENERAL PROVISIONS—THE JUDICIARY

SEC. 301. Appropriations and authorizations made in this title

which are available for salaries and expenses shall be available

for services as authorized by 5 U.S.C. 3109.

SEC. 302. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Judiciary in this Act

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other

Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and

Commissioners’’, shall be increased by more than 10 percent by

any such transfers: Provided, That any transfer pursuant to this

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

SEC. 303. Notwithstanding any other provision of law, the

salaries and expenses appropriation for Courts of Appeals, District

Courts, and Other Judicial Services shall be available for official

reception and representation expenses of the Judicial Conference

of the United States: Provided, That such available funds shall

not exceed $11,000 and shall be administered by the Director of

the Administrative Office of the United States Courts in the capacity

as Secretary of the Judicial Conference.

SEC. 304. (a) Section 3006A(d)(2) of title 18, United States

Code, is amended—

(1) by striking ‘‘5,200’’ and inserting ‘‘7,000’’;

(2) by striking ‘‘1,500’’ and inserting ‘‘2,000’’;

(3) by striking ‘‘3,700’’ and inserting ‘‘5,000’’;

(4) by striking ‘‘1,200’’ each place it appears and inserting

‘‘1,500’’; and

(5) by striking ‘‘3,900’’ and inserting ‘‘5,000’’.

(b) Section 3006A(e) of title 18, United States Code, is

amended—

(1) in paragraph (2)—

(A) in subparagraph (A), by striking ‘‘300’’ and

inserting ‘‘500’’; and

(B) in subparagraph (B), by striking ‘‘300’’ and

inserting ‘‘500’’; and

(2) in paragraph (3) in the first sentence by striking ‘‘1,000’’

and inserting ‘‘1,600’’.

SEC. 305. Within 90 days of enactment of this Act, the Administrative Office of the U.S. Courts shall submit to the Committees

on Appropriations a comprehensive financial plan for the Judiciary

allocating all sources of available funds including appropriations,

Deadline.

Financial plan.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2895

fee collections, and carryover balances, to include a separate and

detailed plan for the Judiciary Information Technology fund.

SEC. 306. Pursuant to section 140 of Public Law 97–92, and

from funds appropriated in this Act, Justices and judges of the

United States are authorized during fiscal year 2005, to receive

a salary adjustment in accordance with 28 U.S.C. 461.

SEC. 307. (a) Section 1914(a) of title 28, United States Code,

is amended by striking ‘‘$150’’ and inserting ‘‘$250’’.

(b) Section 1931(a) of title 28, United States Code, is amended—

(1) in subsection (a) by striking ‘‘$90’’ and inserting ‘‘$190’’;

and

(2) in subsection (b)—

(A) by striking ‘‘$150’’ and inserting ‘‘$250’’; and

(B) by striking ‘‘$90’’ and inserting ‘‘$190’’.

(c) This section shall take effect 60 days after the date of

the enactment of this Act.

SEC. 308. For fiscal year 2005 and hereafter, such fees as

shall be collected for the processing of violations through the Central

Violations Bureau cases as prescribed by the Judicial Conference

of the United States shall be deposited to the ‘‘Courts of Appeals,

District Courts, and Other Judicial Services, Salaries and Expenses’’

appropriation to be used for salaries and other expenses.

This title may be cited as the ‘‘Judiciary Appropriations Act,

2005’’.

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the

Foreign Service not otherwise provided for, including employment,

without regard to civil service and classification laws, of persons

on a temporary basis (not to exceed $700,000 of this appropriation),

as authorized by section 801 of the United States Information

and Educational Exchange Act of 1948; representation to certain

international organizations in which the United States participates

pursuant to treaties ratified pursuant to the advice and consent

of the Senate or specific Acts of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition

by exchange or purchase of passenger motor vehicles as authorized

by law; and for expenses of general administration, $3,570,000,000:

Provided, That not to exceed 71 permanent positions shall be for

the Bureau of Legislative Affairs: Provided further, That none of

the funds made available under this heading may be used to

transfer any full-time equivalent employees into or out of the

Bureau of Legislative Affairs: Provided further, That, of the amount

made available under this heading, not to exceed $4,000,000 may

be transferred to, and merged with, funds in the ‘‘Emergencies

in the Diplomatic and Consular Service’’ appropriations account,

to be available only for emergency evacuations and terrorism

rewards: Provided further, That, of the amount made available

under this heading, $319,994,000 shall be available only for public

diplomacy international information programs: Provided further,

That of the amount made available under this heading, $3,000,000

Department of

State and

Related Agency

Appropriations

Act, 2005.

28 USC 331 note.

Effective date.

28 USC 1914

note.

28 USC 461 note.

118 STAT. 2896 PUBLIC LAW 108–447—DEC. 8, 2004

shall be available only for the operations of the Office on RightSizing the United States Government Overseas Presence: Provided

further, That funds available under this heading may be available

for a United States Government interagency task force to examine,

coordinate and oversee United States participation in the United

Nations headquarters renovation project: Provided further, That

no funds may be obligated or expended for processing licenses

for the export of satellites of United States origin (including

commercial satellites and satellite components) to the People’s

Republic of China unless, at least 15 days in advance, the Committees on Appropriations of the House of Representatives and the

Senate are notified of such proposed action: Provided further, That

of the amount made available under this heading, $185,128,000

is for Near Eastern Affairs, $80,234,000 is for South Asian Affairs,

and $251,706,000 is for African Affairs: Provided further, That,

of the amount made available under this heading, $2,000,000 shall

be available for a grant to conduct an international conference

on the human rights situation in North Korea: Provided further, That of the amount made available under this heading, $200,000

is for a grant to the Center for the Study of the Presidency and

$1,900,000 is for a grant to Shared Hope International to combat

international sex tourism: Provided further, That the Intellectual

Property Division shall be elevated to office-level status and shall

be renamed the Office of International Intellectual Property

Enforcement within 60 days of enactment of this Act. In addition, not to exceed $1,426,000 shall be derived from

fees collected from other executive agencies for lease or use of

facilities located at the International Center in accordance with

section 4 of the International Center Act; in addition, as authorized

by section 5 of such Act, $490,000, to be derived from the reserve

authorized by that section, to be used for the purposes set out

in that section; in addition, as authorized by section 810 of the

United States Information and Educational Exchange Act, not to

exceed $6,000,000, to remain available until expended, may be

credited to this appropriation from fees or other payments received

from English teaching, library, motion pictures, and publication

programs and from fees from educational advising and counseling

and exchange visitor programs; and, in addition, not to exceed

$15,000, which shall be derived from reimbursements, surcharges,

and fees for use of Blair House facilities.

In addition, for the costs of worldwide security upgrades, $658,702,000, to remain available until expended: Provided, That

of the amounts made available under this paragraph, $5,000,000

is for the Center for Antiterrorism and Security Training.

Beginning in fiscal year 2005 and thereafter, the Secretary

of State is authorized to charge surcharges related to consular

services in support of enhanced border security that are in addition

to the passport and immigrant visa fees in effect on January 1,

2004: Provided, That funds collected pursuant to this authority

shall be credited to this account, and shall be available until

expended for the purposes of such account: Provided further, That

such surcharges shall be $12 on passport fees, and $45 on

immigrant visa fees.

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, $52,149,000, to remain available until expended, as authorized:

8 USC 1714.

Government

organization.

Deadline.

Deadline.

Notification.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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 noninterim facilities for the United States Mission in Iraq, including

associated planning, site preparation and pre-construction activities.

Federal buildings

and facilities.

118 STAT. 2898 PUBLIC LAW 108–447—DEC. 8, 2004

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For expenses necessary to enable the Secretary of State to

meet unforeseen emergencies arising in the Diplomatic and Consular Service, $1,000,000, to remain available until expended as

authorized, of which such sums as necessary may be transferred

to and merged with the Repatriation Loans Program Account, subject to the same terms and conditions: Provided, That funds previously appropriated under this heading for rewards for an indictee

of the Special Court for Sierra Leone shall be transferred to the

Special Court for Sierra Leone within 15 days of enactment of

this Act: Provided further, That any transfer of funds provided

under this heading shall be treated as a reprogramming of funds

under section 605 of this Act.

REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $612,000, as authorized: Provided,

That such costs, including the cost of modifying such loans, shall

be as defined in section 502 of the Congressional Budget Act of

1974. In addition, for administrative expenses necessary to carry

out the direct loan program, $607,000, which may be transferred

to and merged with the Diplomatic and Consular Programs account

under Administration of Foreign Affairs.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act

(Public Law 96–8), $19,482,000.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability

Fund, as authorized by law, $132,600,000.

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet

annual obligations of membership in international multilateral

organizations, pursuant to treaties ratified pursuant to the advice

and consent of the Senate, conventions or specific Acts of Congress,

$1,182,000,000, of which up to $6,000,000, to remain available

until expended, may be used for the cost of a direct loan to the

United Nations for the cost of renovating its headquarters in New

York: Provided, That such costs, including the cost of modifying

such loan, shall be as defined in section 502 of the Congressional

Budget Act of 1974: Provided further, That these funds are available

to subsidize total loan principal of up to $1,200,000,000: Provided

further, That the Secretary of State shall, at the time of the submission of the President’s budget to Congress under section 1105(a)

of title 31, United States Code, transmit to the Committees on

Appropriations of the Senate and of the House of Representatives

the most recent biennial budget prepared by the United Nations

for the operations of the United Nations: Provided further, That

the Secretary of State shall notify the Committees on Appropriations

at least 15 days in advance (or in an emergency, as far in advance

Notification.

Deadline.

22 USC 269a

note.

Sierra Leone.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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, That none of the funds made available under this Act

shall be obligated or expended for any new or expanded United

Nations peacekeeping mission unless, at least 15 days in advance

of voting for the new or expanded mission in the United Nations

Security Council (or in an emergency as far in advance as is

practicable): (1) the Committees on Appropriations of the House

of Representatives and the Senate and other appropriate committees

of the Congress are notified of the estimated cost and length of

the mission, the vital national interest that will be served, and

the planned exit strategy; and (2) a reprogramming of funds pursuant to section 605 of this Act is submitted, and the procedures

therein followed, setting forth the source of funds that will be

used to pay for the cost of the new or expanded mission: Provided

further, That funds shall be available for peacekeeping expenses

only upon a certification by the Secretary of State to the appropriate

committees of the Congress that American manufacturers and suppliers are being given opportunities to provide equipment, services,

and material for United Nations peacekeeping activities equal to

those being given to foreign manufacturers and suppliers: Provided

further, That none of the funds made available under this heading

are available to pay the United States share of the cost of court

monitoring that is part of any United Nations peacekeeping mission.

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet

obligations of the United States arising under treaties, or specific

Acts of Congress, as follows:

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the

International Boundary and Water Commission, United States and

Mexico, and to comply with laws applicable to the United States

Section, including not to exceed $6,000 for representation; as follows:

22 USC 269a

note.

Deadline.

118 STAT. 2900 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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 Nonprofit 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

118 STAT. 2902 PUBLIC LAW 108–447—DEC. 8, 2004

from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended

for carrying out authorized purposes.

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, and improvement of facilities for radio transmission and reception, and purchase and installation of necessary equipment for radio and television transmission

and reception as authorized, $8,560,000, to remain available until

expended, as authorized.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

SEC. 401. Funds appropriated under this title shall be available,

except as otherwise provided, for allowances and differentials as

authorized by subchapter 59 of title 5, United States Code; for

services as authorized by 5 U.S.C. 3109; and for hire of passenger

transportation pursuant to 31 U.S.C. 1343(b).

SEC. 402. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of State

in this Act may be transferred between such appropriations, but

no such appropriation, except as otherwise specifically provided,

shall be increased by more than 10 percent by any such transfers:

Provided, That not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Broadcasting Board

of Governors in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically

provided, shall be increased by more than 10 percent by any such

transfers: Provided further, That any transfer pursuant to this

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

SEC. 403. None of the funds made available in this Act may

be used by the Department of State or the Broadcasting Board

of Governors to provide equipment, technical support, consulting

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

SEC. 404. (a) The Senior Policy Operating Group on Trafficking

in Persons, established under section 406 of division B of Public

Law 108–7 to coordinate agency activities regarding policies

(including grants and grant policies) involving the international

trafficking in persons, shall coordinate all such policies related

to the activities of traffickers and victims of severe forms of trafficking.

(b) None of the funds provided in this or any other Act shall

be expended to perform functions that duplicate coordinating

responsibilities of the Operating Group.

(c) The Operating Group shall continue to report only to the

authorities that appointed them pursuant to section 406 of division

B of Public Law 108–7.

SEC. 405. (a) Subsection (b) of section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended—

(1) in paragraph (5) by striking ‘‘or’’ at the end;

(2) in paragraph (6) by striking the period and inserting

‘‘; or’’; and

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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) 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.

Deadline.

Plan.

Terrorism.

118 STAT. 2904 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 407. The Secretary of State shall provide to a member

of the Committee on Appropriations of the Senate or the Committee

on Appropriations of the House of Representatives a copy of each

cable sent to or by a Department of State employee that pertains

to any topic specified by the requesting member, regardless of

the level of classification of the cable, not later than 15 days

after the date on which the member makes a written or verbal

request for such copies.

SEC. 408. There is established within the Department of State

the Office of the Coordinator for Reconstruction and Stabilization:

Provided, That the head of the Office shall be the Coordinator

for Reconstruction and Stabilization, who shall report directly to

the Secretary of State: Provided further, That the functions of

the Office of the Coordinator for Reconstruction and Stabilization

shall include—

(1) cataloguing and monitoring the non-military resources

and capabilities of Executive agencies (as that term is defined

in section 105 of title 5, United States Code), State and local

governments, and entities in the private and non-profit sectors

that are available to address crises in countries or regions

that are in, or are in transition from, conflict or civil strife;

(2) monitoring political and economic instability worldwide

to anticipate the need for mobilizing United States and international assistance for countries or regions described in paragraph (1);

(3) assessing crises in countries or regions described in

paragraph (1) and determining the appropriate non-military

United States, including but not limited to demobilization,

policing, human rights monitoring, and public information

efforts;

(4) planning for response efforts under paragraph (3);

(5) coordinating with relevant Executive agencies the

development of interagency contingency plans for such response

efforts; and

(6) coordinating the training of civilian personnel to perform stabilization and reconstruction activities in response to

crises in such countries or regions described in paragraph (1).

SEC. 409. (a) The Secretary of State shall require each chief

of mission to review, not less than once every 5 years, every staff

element under chief of mission authority, including staff from other

departments or agencies of the United States, and recommend

approval or disapproval of each staff element. Each such review

shall be conducted pursuant to a process established by the President for determining appropriate staffing at diplomatic missions

and overseas constituent posts (commonly referred to as the

‘‘NSDD–38 process’’).

(b) The Secretary of State, as part of the process established

by the President referred to in subsection (a), shall take actions

to carry out the recommendations made in each such review.

(c) Not later than 1 year after the date of enactment of this

Act, and annually thereafter, the Secretary of State shall submit

a report on such reviews that occurred during the previous 12

months, together with the Secretary’s recommendations regarding

such reviews to the appropriate committees of Congress, the heads

of all affected departments or agencies, and the Inspector General

of the Department of State.

Deadline.

Reports.

22 USC 3927a.

Establishment.

22 USC 2651a

note.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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. During fiscal year 2005, section 404(b)(2)(B) of the

Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

(Public Law 103–236; 22 U.S.C. 287e note), shall be administered

as though the matter following clause (iii) reads as follows:

‘‘(v) For assessments made during calendar year

2005, 27.1 percent.’’.

SEC. 412. (a) Section 402(a) of the Foreign Service Act of 1980

(22 U.S.C. 3962(a)) is amended—

(1) in paragraph (1), by striking the second and third

sentences and inserting the following new sentences: ‘‘The

President shall also prescribe ranges of basic salary rates for

each class. Except as provided in paragraph (3), basic salary

rates for the Senior Foreign Service may not exceed the maximum rate or be less than the minimum rate of basic pay

payable for the Senior Executive Service under section 5382

of title 5, United States Code.’’; and

(2) by striking paragraph (2) and inserting the following

new paragraphs:

‘‘(2) The Secretary shall determine which basic salary rate

within the ranges prescribed by the President under paragraph

(1) shall be paid to each member of the Senior Foreign Service

based on individual performance, contribution to the mission of

the Department, or both, as determined under a rigorous performance management system. Except as provided in regulations prescribed by the Secretary and, to the extent possible, consistent

with regulations governing the Senior Executive Service, the Secretary may adjust the basic salary rate of a member of the Senior

Foreign Service not more than once during any 12-month period.

‘‘(3) Upon a determination by the Secretary that the Senior

Foreign Service performance appraisal system, as designed and

applied, makes meaningful distinctions based on relative

performance—

‘‘(A) the maximum rate of basic pay payable for the Senior

Foreign Service shall be level II of the Executive Schedule;

and

‘‘(B) the applicable aggregate pay cap shall be equivalent

to the aggregate pay cap set forth in section 5307(d)(1) of

title 5, United States Code, for members of the Senior Executive

Service.’’.

(b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is

amended by inserting before the period the following: ‘‘, or the

limitation under section 402(a)(3), whichever is higher’’.

(c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is amended

by striking ‘‘shall not exceed the annual rate of pay payable for

level I of such Executive Schedule’’ and inserting ‘‘shall be subject

to the limitation on certain payments under section 5307 of title

5, United States Code, or the limitation under section 402(a)(3),

whichever is higher’’.

Wages.

Government

employees.

President.

22 USC 287e

note.

118 STAT. 2906 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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 Commis- sion 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.

118 STAT. 2908 PUBLIC LAW 108–447—DEC. 8, 2004

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed

$600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed

$4,000 for official reception and representation expenses; purchase

and hire of motor vehicles; special counsel fees; and services as

authorized by 5 U.S.C. 3109, $281,098,000: Provided, That

$280,098,000 of offsetting collections shall be assessed and collected

pursuant to section 9 of title I of the Communications Act of

1934, shall be retained and used for necessary expenses in this

appropriation, and shall remain available until expended: Provided

further, That the sum herein appropriated shall be reduced as

such offsetting collections are received during fiscal year 2005 so

as to result in a final fiscal year 2005 appropriation estimated

at $1,000,000: Provided further, That any offsetting collections

received in excess of $280,098,000 in fiscal year 2005 shall remain

available until expended, but shall not be available for obligation

until October 1, 2005: Provided further, That notwithstanding 47

U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding

system that may be retained and made available for obligation

shall not exceed $85,000,000 for fiscal year 2005.

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission,

including uniforms or allowances therefor, as authorized by 5 U.S.C.

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception

and representation expenses, $205,430,000, to remain available

until expended: Provided, That not to exceed $300,000 shall be

available for use to contract with a person or persons for collection

services in accordance with the terms of 31 U.S.C. 3718: Provided

further, That, notwithstanding any other provision of law, not to

exceed $101,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino

Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless

of the year of collection, shall be retained and used for necessary

expenses in this appropriation: Provided further, That $21,901,000

in offsetting collections derived from fees sufficient to implement

and enforce the Telemarketing Sales Rule, promulgated under the

Telephone Consumer Fraud and Abuse Prevention Act (15 U.S.C.

6101 et seq.), shall be credited to this account, and be retained

and used for necessary expenses in this appropriation: Provided

further, That the sum herein appropriated from the general fund

shall be reduced as such offsetting collections are received during

fiscal year 2005, so as to result in a final fiscal year 2005 appropriation from the general fund estimated at not more than $82,529,000:

Provided further, That none of the funds made available to the

Federal Trade Commission may be used to enforce subsection (e)

of section 43 of the Federal Deposit Insurance Act (12 U.S.C.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2910 PUBLIC LAW 108–447—DEC. 8, 2004

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange

Commission, including services as authorized by 5 U.S.C. 3109,

the rental of space (to include multiple year leases) in the District

of Columbia and elsewhere, and not to exceed $3,000 for official

reception and representation expenses, $913,000,000, to remain

available until expended; of which not to exceed $10,000 may be

used toward funding a permanent secretariat for the International

Organization of Securities Commissions; and of which not to exceed

$100,000 shall be available for expenses for consultations and

meetings hosted by the Commission with foreign governmental

and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning

developments relating to securities matters, development and

implementation of cooperation agreements concerning securities

matters and provision of technical assistance for the development

of foreign securities markets, such expenses to include necessary

logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance at such consultations

and meetings including: (1) such incidental expenses as meals taken

in the course of such attendance; (2) any travel and transportation

to or from such meetings; and (3) any other related lodging or

subsistence: Provided, That fees and charges authorized by sections

6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)),

and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934

(15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this

account as offsetting collections: Provided further, That not to exceed

$856,000,000 of such offsetting collections shall be available until

expended for necessary expenses of this account: Provided further, That $57,000,000 shall be derived from prior year unobligated balances from funds previously appropriated to the Securities and

Exchange Commission: Provided further, That the total amount

appropriated under this heading from the general fund for fiscal

year 2005 shall be reduced as such offsetting fees are received

so as to result in a final total fiscal year 2005 appropriation from

the general fund estimated at not more than $0.

Not later than May 1, 2005, the Securities and Exchange

Commission shall submit a report to the Committee on Appropriations of the Senate that provides a justification for final rules

issued by the Commission on June 30, 2004 (amending title 17,

Code of Federal Regulations, Parts 239, 240, and 274), requiring

that the chair of the board of directors of a mutual fund be an

independent director: Provided, That such report shall analyze

whether mutual funds chaired by disinterested directors perform

better, have lower expenses, or have better compliance records

than mutual funds chaired by interested directors: Provided further,

That the Securities and Exchange Commission shall act upon the

recommendations of such report not later than January 1, 2006.

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small

Business Administration as authorized by Public Law 106–554,

Deadline.

Deadlines.

Reports.

Investments.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2912 PUBLIC LAW 108–447—DEC. 8, 2004

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

Reports. for the Task Force on the United Nations: Provided further, That

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under

existing law, or under existing Executive order issued pursuant

to existing law.

SEC. 604. If any provision of this Act or the application of

such provision to any person or circumstances shall be held invalid,

the remainder of the Act and the application of each provision

to persons or circumstances other than those as to which it is

held invalid shall not be affected thereby.

SEC. 605. (a) None of the funds provided under this Act, or

provided under previous appropriations Acts to the agencies funded

by this Act that remain available for obligation or expenditure

in fiscal year 2005, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure through a reprogramming of funds that: (1) creates

new programs; (2) eliminates a program, project, or activity; (3)

increases funds or personnel by any means for any project or

activity for which funds have been denied or restricted; (4) relocates

an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any

functions or activities presently performed by Federal employees;

unless the Appropriations Committees of both Houses of Congress

are notified 15 days in advance of such reprogramming of funds.

(b) None of the funds provided under this Act, or provided

under previous appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 2005, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

Notification.

Notification.

Contracts.

Public

information.

118 STAT. 2914 PUBLIC LAW 108–447—DEC. 8, 2004

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $750,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent

as approved by Congress; or (3) results from any general savings,

including savings from a reduction in personnel, which would result

in a change in existing programs, activities, or projects as approved

by Congress; unless the Appropriations Committees of both Houses

of Congress are notified 15 days in advance of such reprogramming

of funds.

SEC. 606. Hereafter, none of the funds made available in this

Act may be used for the construction, repair (other than emergency

repair), overhaul, conversion, or modernization of vessels for the

National Oceanic and Atmospheric Administration in shipyards

located outside of the United States.

SEC. 607. None of the funds made available in this Act may

be used to implement, administer, or enforce any guidelines of

the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal

entity or official to which such funds are made available that

such guidelines do not differ in any respect from the proposed

guidelines published by the Commission on October 1, 1993 (58

Fed. Reg. 51266).

SEC. 608. If it has been finally determined by a court or Federal

agency that any person intentionally affixed a label bearing a

‘‘Made in America’’ inscription, or any inscription with the same

meaning, to any product sold in or shipped to the United States

that is not made in the United States, the person shall be ineligible

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title

48, Code of Federal Regulations.

SEC. 609. None of the funds made available by this Act may

be used for any United Nations undertaking when it is made

known to the Federal official having authority to obligate or expend

such funds that: (1) the United Nations undertaking is a peacekeeping mission; (2) such undertaking will involve United States

Armed Forces under the command or operational control of a foreign

national; and (3) the President’s military advisors have not submitted to the President a recommendation that such involvement

is in the national security interests of the United States and the

President has not submitted to the Congress such a recommendation.

SEC. 610. The Departments of Commerce, Justice, and State,

the Judiciary, the Federal Communications Commission, the Securities and Exchange Commission and the Small Business Administration shall provide to the Committees on Appropriations of the

Senate and of the House of Representatives a quarterly accounting

of the cumulative balances of any unobligated funds that were

received by such agency during any previous fiscal year.

SEC. 611. (a) None of the funds appropriated or otherwise

made available by this Act shall be expended for any purpose

for which appropriations are prohibited by section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1999.

Records.

Religious

harassment.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2915

(b) The requirements in subparagraphs (A) and (B) of section

609 of that Act shall continue to apply during fiscal year 2005.

SEC. 612. Any costs incurred by a department or agency funded

under this Act resulting from personnel actions taken in response

to funding reductions included in this Act shall be absorbed within

the total budgetary resources available to such department or

agency: Provided, That the authority to transfer funds between

appropriations accounts as may be necessary to carry out this

section is provided in addition to authorities included elsewhere

in this Act: Provided further, That use of funds to carry out this

section shall be treated as a reprogramming of funds under section

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that

section.

SEC. 613. None of the funds provided by this Act shall be

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country

of restrictions on the marketing of tobacco or tobacco products,

except for restrictions which are not applied equally to all tobacco

or tobacco products of the same type.

SEC. 614. (a) None of the funds appropriated or otherwise

made available by this Act shall be expended for any purpose

for which appropriations are prohibited by section 616 of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1999.

(b) The requirements in subsections (b) and (c) of section 616

of that Act shall continue to apply during fiscal year 2005.

SEC. 615. None of the funds appropriated pursuant to this

Act or any other provision of law may be used for—

(1) the implementation of any tax or fee in connection

with the implementation of subsection 922(t) of title 18, United

States Code; and

(2) any system to implement subsection 922(t) of title 18,

United States Code, that does not require and result in the

destruction of any identifying information submitted by or on

behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24

hours after the system advises a Federal firearms licensee

that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922

of title 18, United States Code, or State law.

SEC. 616. Notwithstanding any other provision of law, amounts

deposited or available in the Fund established under 42 U.S.C.

10601 in any fiscal year in excess of $625,000,000 shall not be

available for obligation until the following fiscal year.

SEC. 617. None of the funds made available to the Department

of Justice in this Act may be used to discriminate against or

denigrate the religious or moral beliefs of students who participate

in programs for which financial assistance is provided from those

funds, or of the parents or legal guardians of such students.

SEC. 618. None of the funds appropriated or otherwise made

available to the Department of State shall be available for the

purpose of granting either immigrant or nonimmigrant visas, or

both, consistent with the determination of the Secretary of State

under section 243(d) of the Immigration and Nationality Act, to

citizens, subjects, nationals, or residents of countries that the Secretary of Homeland Security has determined deny or unreasonably

Nondiscrimination.

42 USC 10601

note.

Firearms.

Applicability.

Applicability.

118 STAT. 2916 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2918 PUBLIC LAW 108–447—DEC. 8, 2004

information; $250,000 shall be available for a grant to Pro Co

Technology, Inc., in the Bronx, New York, for a computer training

center; $50,000 shall be available for a grant for the Promesa

Foundation in the Bronx, New York, to provide community growth

funding; $200,000 shall be available for a grant to Bronx Shepherds

for community programs; $150,000 shall be available for a grant

to HOGAR, Inc., in the Bronx, New York; $200,000 shall be available for a grant to Promesa Enterprises to provide services and

support to community based organizations in the Bronx, New York;

$200,000 for the Arthur Avenue Retail Market in the Bronx, New

York, for facility, improvement, and maintenance needs to meet

the Market’s business requirements; $200,000 shall be available

for a grant to Pregones Theater in the Bronx, New York, for

business infrastructure; $200,000 shall be available for a grant

to Presbyterian Senior Services for their Grandparent Family Apartments project and programs in the Bronx, New York; $100,000

shall be available for a grant to Thorpe Family Residence, Inc.,

to continue its services and programs in the Bronx, New York;

$100,000 shall be available for a grant to the Puerto Rican Traveling

Theater in the Bronx, New York, for outreach and programs;

$100,000 shall be available for Casita Maria’s Career and College

Placement Preparation to be implemented in coordination with

business partners in New York City; $1,100,000 shall be available

for a grant to the MountainMade Foundation to fulfill its charter

purposes and to continue the initiative developed by the NTTC

for outreach and promotion, business and sites development, the

education of artists and craftspeople, and to promote small

businesses, artisans and their products through market development, advertisement, commercial sale and other promotional means;

$1,000,000 shall be available for a grant for Northwest Shoals

Community College to complete the Center for Business and

Industry; $1,000,000 shall be available for the Rhode Island School

of Design in Providence, Rhode Island, for the continued modernization of the Mason Building; $1,000,000 shall be available for a

grant to the Norwegian American Foundation to fulfill its charter

purposes; $750,000 shall be available for a grant to St. Mary’s

College for a telecommunications initiative; $400,000 shall be available for a grant to the Economic Growth Council Procurement

Assistance Program; $500,000 shall be available for a grant to

Johnstown Area Regional Industries in Pennsylvania for an

enhanced economic development initiative; $300,000 shall be available for a grant to the Good Old Lower East Side organization

for a small business economic development initiative for the Lower

East Side, New York; $200,000 shall be available for a grant for

the Sunnyside Chamber of Commerce to conduct a redevelopment

study for Sunnyside, Queens, New York, and to implement improvements.

(b) Section 621 of division B of Public Law 108–199 is

amended—

(1) by striking ‘‘$1,000,000 shall be available for the Providence, Rhode Island Center for Women and Enterprise for

infrastructure development;’’ and inserting ‘‘$100,000 shall be

available for the Providence, Rhode Island Center for Women

and Enterprise for small business development programs and

infrastructure development; $900,000 shall be available for the

Rhode Island School of Design in Providence, Rhode Island,

for the continued modernization of the Mason Building;’’,

Ante, p. 96.

PUBLIC LAW 108–447—DEC. 8, 2004 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. All disaster loans issued in Alaska shall be administered by the Small Business Administration and shall not be sold

during fiscal year 2005.

SEC. 621. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriation Act.

SEC. 622. The Departments of Commerce, Justice, State, the

Judiciary, the Securities and Exchange Commission and the Small

Business Administration shall, not later than two months after

the date of the enactment of this Act, certify that telecommuting

opportunities are made available to 100 percent of the eligible

workforce: Provided, That, of the total amounts appropriated to

the Departments of Commerce, Justice, State, the Judiciary, the

Securities and Exchange Commission and the Small Business

Administration, $5,000,000 shall be available only upon such certification: Provided further, That each Department or agency shall

provide quarterly reports to the Committees on Appropriations on

the status of telecommuting programs, including the number of

Federal employees eligible for, and participating in, such programs:

Provided further, That each Department or agency shall designate

a ‘‘Telework Coordinator’’ to be responsible for overseeing the

implementation and operations of telecommuting programs, and

serve as a point of contact on such programs for the Committees

on Appropriations.

SEC. 623. With the consent of the President, the Secretary

of Commerce shall represent the United States Government in

negotiating and monitoring international agreements regarding

fisheries, marine mammals, or sea turtles: Provided, That the Secretary of Commerce shall be responsible for the development and

interdepartmental coordination of the policies of the United States

with respect to the international negotiations and agreements

referred to in this section.

SEC. 624. (a) Tracing studies conducted by the Bureau of

Alcohol, Tobacco, Firearms and Explosives are released without

adequate disclaimers regarding the limitations of the data.

(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives

shall include in all such data releases, language similar to the

following that would make clear that trace data cannot be used

to draw broad conclusions about firearms-related crime:

(1) Firearm traces are designed to assist law enforcement

authorities in conducting investigations by tracking the sale

and possession of specific firearms. Law enforcement agencies

may request firearms traces for any reason, and those reasons

are not necessarily reported to the Federal Government. Not

all firearms used in crime are traced and not all firearms

traced are used in crime.

(2) Firearms selected for tracing are not chosen for purposes

of determining which types, makes or models of firearms are

used for illicit purposes. The firearms selected do not constitute

Reports.

Deadline.

Certification.

5 USC 6120 note.

Alaska.

118 STAT. 2920 PUBLIC LAW 108–447—DEC. 8, 2004

a random sample and should not be considered representative

of the larger universe of all firearms used by criminals, or

any subset of that universe. Firearms are normally traced

to the first retail seller, and sources reported for firearms

traced do not necessarily represent the sources or methods

by which firearms in general are acquired for use in crime.

SEC. 625. None of the funds made available in this Act may

be used in violation of section 212(a)(10)(C) of the Immigration

and Nationality Act.

SEC. 626. None of the funds appropriated or otherwise made

available under this Act may be used to issue patents on claims

directed to or encompassing a human organism.

SEC. 627. None of the funds made available in this Act may

be used to pay expenses for any United States delegation to any

specialized agency, body, or commission of the United Nations if

such commission is chaired or presided over by a country, the

government of which the Secretary of State has determined, for

purposes of section 6(j)(1) of the Export Administration Act of

1979 (50 U.S.C. App. 2405(j)(1)), has provided support for acts

of international terrorism.

SEC. 628. (a) The Department of Justice, the Department of

Homeland Security, and the Department of State shall jointly conduct a thorough study of all matters relating to the efficiency

and effectiveness of the interagency process used to review applications for nonimmigrant visas issued under section 221(a)(1)(B) of

the Immigration and Nationality Act (8 U.S.C. 1201(a)(1)(B)). The

Department of Justice, the Department of Homeland Security, and

the Department of State shall, in conducting this study, develop

recommendations on—

(1) clearance procedures for nonimmigrant visas that

should be eliminated;

(2) such procedures that should be continued;

(3) the appropriate Federal agencies or departments or

entities that should participate in each such procedure; and

(4) legislation that could be enacted to increase the efficiency and effectiveness of such procedures.

(b) Not later than 1 year after the date of enactment of this

Act, the Department of Justice, the Department of Homeland Security, and the Department of State shall jointly submit a report

to the Committees on Appropriations of the Senate and House

of Representatives which shall contain a detailed statement of

the findings and conclusions of the study referred to in subsection

(a), together with recommendations for such legislation and

administrative actions as the Department of Justice, the Department of Homeland Security, and the Department of State consider

appropriate. The report may be submitted in a classified and

unclassified form.

SEC. 629. Section 604 of the Secure Embassy Construction

and Counterterrorism Act of 1999 (title VI of division A of H.R.

3427, as enacted by section 1000(a)(7) of Public Law 106–113)

is amended by adding the following new subsection at the end:

‘‘(e) CAPITAL SECURITY COST SHARING.—

‘‘(1) AUTHORITY.—Notwithstanding any other provision of

law, all agencies with personnel overseas subject to chief of

mission authority pursuant to section 207 of the Foreign Service

Act of 1980 (22 U.S.C. 3927) shall participate and provide

funding in advance for their share of costs of providing new,

22 USC 4865

note.

Deadline.

Reports.

United Nations.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2922 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(B) CONTROLLED SUBSTANCE AND CHEMICAL DIVERSION

CONTROL ACTIVITIES.—The term ‘controlled substance and

chemical diversion control activities’ means those activities

related to the registration and control of the manufacture,

distribution, dispensing, importation, and exportation of

controlled substances and listed chemicals.’’.

(b) Section 301 of the Controlled Substances Act (21 U.S.C.

821) is amended by striking ‘‘the registration and control of regulated’’ and all that follows through the period, and inserting ‘‘listed

chemicals.’’.

(c) Section 1088(f) of the Controlled Substances Import and

Export Act (21 U.S.C. 958(f)) is amended—

(1) by inserting ‘‘and control’’ after ‘‘the registration’’; and

(2) by striking ‘‘list I chemicals under this section.’’ and

inserting ‘‘listed chemicals.’’.

SEC. 634. None of the funds appropriated by this Act may

be used by the Federal Communications Commission to modify,

amend, or change its rules or regulations for universal service

support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service

regarding single connection or primary line restrictions on universal

service support payments.

SEC. 635. The unobligated balance of the amount appropriated

by title V of the Departments of Commerce, Justice, and State,

the Judiciary, and Related Agencies Appropriations Act, 2002

(Public Law 107–77; 115 Stat. 798) for necessary expenses of the

United States-Canada Alaska Rail Commission shall be transferred

as a direct lump-sum payment to the University of Alaska.

SEC. 636. Section 33(a) of the Small Business Act (15 U.S.C.

657c(a)) is amended by adding at the end the following: ‘‘Notwithstanding any other provision of law, the Corporation is a private

entity and is not an agency, instrumentality, authority, entity,

or establishment of the United States Government.’’.

SEC. 637. Of the amounts made available in this Act,

$160,186,300 from ‘‘Department of State’’; $14,449,118 from

‘‘Department of Justice’’; $3,095,206 from ‘‘Department of Commerce’’; $213,154 from ‘‘United States Trade Representative’’; and

$302,985 from ‘‘Broadcasting Board of Governors’’ shall be available

for the purposes of implementing the Capital Security Cost Sharing

program, as provided in section 629 of the Act.

SEC. 638. Notwithstanding 40 U.S.C. 524, 571, and 572, the

Federal Communications Commission may sell the monitoring facilities in Honolulu, Hawaii, and Livermore, California, including all

real property: Provided, That any sale shall be made in accordance

with section 605 of this Act.

SEC. 639. None of the funds made available in this Act may

be used in contravention of the provisions of subsections (e) and

(f) of section 301 of the United States Leadership Against HIV/

AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–

25; 22 U.S.C. 7631(e) and (f)).

SEC. 640. (a) There is hereby rescinded an amount equal to

0.54 percent of the budget authority provided for in fiscal year

2005 for any discretionary account in this Act.

(b) Any rescission made by subsection (a) shall be applied

proportionately—

(1) to each discretionary account and each item of budget

authority described in subsection (a); and

Applicability.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2924 PUBLIC LAW 108–447—DEC. 8, 2004

DEPARTMENT OF COMMERCE

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

INDUSTRIAL TECHNOLOGY SERVICES

(RESCISSION)

Of the unobligated balances available under this heading for

the Advanced Technology Program, $3,900,000 are rescinded.

RELATED AGENCIES

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

(RESCISSION)

Of the unobligated balances available under this heading, $12,000,000 are rescinded.

TITLE VIII—PATENT AND TRADEMARK FEES

SEC. 801. FEES FOR PATENT SERVICES.

(a) GENERAL PATENT FEES.—During fiscal years 2005 and 2006,

subsection (a) of section 41 of title 35, United States Code, shall

be administered as though that subsection reads as follows:

‘‘(a) GENERAL FEES.—The Director shall charge the following

fees:

‘‘(1) FILING AND BASIC NATIONAL FEES.—

‘‘(A) On filing each application for an original patent,

except for design, plant, or provisional applications, $300.

‘‘(B) On filing each application for an original design

patent, $200.

‘‘(C) On filing each application for an original plant

patent, $200.

‘‘(D) On filing each provisional application for an

original patent, $200.

‘‘(E) On filing each application for the reissue of a

patent, $300.

‘‘(F) The basic national fee for each international

application filed under the treaty defined in section 351(a)

of this title entering the national stage under section 371

of this title, $300.

‘‘(G) In addition, excluding any sequence listing or

computer program listing filed in an electronic medium

as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper

(or equivalent as prescribed by the Director if filed in

an electronic medium), $250 for each additional 50 sheets

of paper (or equivalent as prescribed by the Director if

filed in an electronic medium) or fraction thereof.

‘‘(2) EXCESS CLAIMS FEES.—In addition to the fee specified

in paragraph (1)—

‘‘(A) on filing or on presentation at any other time,

$200 for each claim in independent form in excess of 3;

35 USC 41 note.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

The provisions of section 111(a) of this title relating to

the payment of the fee for filing the application shall apply

to the payment of the fee specified in this paragraph with

respect to an application filed under section 111(a) of this

title. The provisions of section 371(d) of this title relating to

the payment of the national fee shall apply to the payment

of the fee specified in this paragraph with respect to an international application.

‘‘(4) ISSUE FEES.—

‘‘(A) For issuing each original patent, except for design

or plant patents, $1,400.

‘‘(B) For issuing each original design patent, $800.

‘‘(C) For issuing each original plant patent, $1,100.

‘‘(D) For issuing each reissue patent, $1,400.

‘‘(5) DISCLAIMER FEE.—On filing each disclaimer, $130.

‘‘(6) APPEAL FEES.—

‘‘(A) On filing an appeal from the examiner to the

Board of Patent Appeals and Interferences, $500.

‘‘(B) In addition, on filing a brief in support of the

appeal, $500, and on requesting an oral hearing in the

appeal before the Board of Patent Appeals and Interferences, $1,000.

‘‘(7) REVIVAL FEES.—On filing each petition for the revival

of an unintentionally abandoned application for a patent, for

the unintentionally delayed payment of the fee for issuing

each patent, or for an unintentionally delayed response by

the patent owner in any reexamination proceeding, $1,500,

Applicability.

Applicability.

118 STAT. 2926 PUBLIC LAW 108–447—DEC. 8, 2004

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;

PUBLIC LAW 108–447—DEC. 8, 2004 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;

118 STAT. 2928 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(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—

PUBLIC LAW 108–447—DEC. 8, 2004 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.

(a) FEE FOR FILING APPLICATION.—During fiscal years 2005

and 2006, under such conditions as may be prescribed by the

Director, the fee under section 31(a) of the Trademark Act of 1946

(15 U.S.C. 1113(a)) for: (1) the filing of a paper application for

the registration of a trademark shall be $375; (2) the filing of

an electronic application shall be $325; and (3) the filing of an

electronic application meeting certain additional requirements prescribed by the Director shall be $275. During fiscal years 2005

and 2006, the provisions of the second and third sentences of

section 31(a) of the Trademark Act of 1946 shall apply to the

fees established under this section.

(b) REFERENCE TO TRADEMARK ACT OF 1946.—For purposes

of this section, the ‘‘Trademark Act of 1946’’ refers to the Act

entitled ‘‘An Act to provide for the registration and protection

of trademarks used in commerce, to carry out the provisions of

certain international conventions, and for other purposes.’’,

approved July 5, 1946 (15 U.S.C. 1051 et seq.).

SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL

PROVISION.

(a) EFFECTIVE DATE.—Except as otherwise provided in this

title (including this section), the provisions of this title shall take

effect on the date of the enactment of this Act and shall apply

only with respect to the remaining portion of fiscal year 2005

and fiscal year 2006.

(b) APPLICABILITY.— (1)(A) Except as provided in subparagraphs (B) and (C),

the provisions of section 801 shall apply to all patents, whenever granted, and to all patent applications pending on or

filed after the effective date set forth in subsection (a) of this

section.

(B)(i) Except as provided in clause (ii), subsections (a)(1)

and (3) and (d)(1) of section 41 of title 35, United States

Code, as administered as provided in this title, shall apply

only to—

(I) applications for patents filed under section 111 of

title 35, United States Code, on or after the effective date

set forth in subsection (a) of this section, and

(II) international applications entering the national

stage under section 371 of title 35, United States Code,

for which the basic national fee specified in section 41

of title 35, United States Code, was not paid before the

effective date set forth in subsection (a) of this section.

(ii) Section 41(a)(1)(D) of title 35, United States Code, as

administered as provided in this title, shall apply only to

applications for patent filed under section 111(b) of title 35,

United States Code, before, on, or after the effective date set

forth in subsection (a) of this section in which the filing fee

35 USC 41 note.

Applicability.

35 USC 41 note.

118 STAT. 2930 PUBLIC LAW 108–447—DEC. 8, 2004

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 inter- national application, $500; and

(E) for the search of each application for the reissue

of a patent, $500.

(2) TIMING OF FEES.—The provisions of section 111(a)(3)

of title 35, United States Code, relating to the payment of

the fee for filing the application shall apply to the payment

of the fee specified in paragraph (1) with respect to an application filed under section 111(a) of title 35, United States Code.

The provisions of section 371(d) of title 35, United States Code,

relating to the payment of the national fee shall apply to

the payment of the fee specified in paragraph (1) with respect

to an international application.

SEC. 804. DEFINITION.

In this title, the term ‘‘Director’’ means the Under Secretary

of Commerce for Intellectual Property and Director of the United

States Patent and Trademark Office.

TITLE IX—OCEANS AND HUMAN

HEALTH ACT

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Oceans and Human Health

Act’’.

SEC. 902. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH

PROGRAM.

(a) COORDINATION.—The President, through the National

Science and Technology Council, shall coordinate and support a

national research program to improve understanding of the role

of the oceans in human health.

President.

33 USC 3101

note.

33 USC 3101

note.

Oceans and

Human Health

Act.

35 USC 41 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2931

(b) IMPLEMENTATION PLAN.—Within 1 year after the date of

enactment of this Act, the National Science and Technology Council,

through the Director of the Office of Science and Technology Policy

shall develop and submit to the Congress a plan for coordinated

Federal activities under the program. Nothing in this subsection

is intended to duplicate or supersede the activities of the InterAgency 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;

Deadline.

118 STAT. 2932 PUBLIC LAW 108–447—DEC. 8, 2004

(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.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2933

SEC. 903. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OCEANS AND HUMAN HEALTH INITIATIVE.

(a) ESTABLISHMENT.—As part of the interagency oceans and

human health research program, the Secretary of Commerce is

authorized to establish an Oceans and Human Health Initiative

to coordinate and implement research and activities of the National

Oceanic and Atmospheric Administration related to the role of

the oceans, the coasts, and the Great Lakes in human health.

In carrying out this section, the Secretary shall consult with other

Federal agencies conducting integrated oceans and human health

research and research in related areas, including the National

Science Foundation. The Oceans and Human Health Initiative is

authorized to provide support for—

(1) centralized program and research coordination;

(2) an advisory panel;

(3) one or more National Oceanic and Atmospheric

Administration national centers of excellence;

(4) research grants; and

(5) distinguished scholars and traineeships.

(b) ADVISORY PANEL.—The Secretary is authorized to establish

an oceans and human health advisory panel to assist in the development and implementation of the Oceans and Human Health Initiative. Membership of the advisory group shall provide for balanced

representation of individuals with multi-disciplinary expertise in

the marine and biomedical sciences. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the oceans and human

health advisory panel.

(c) NATIONAL CENTERS.—

(1) The Secretary is authorized to identify and provide

financial support through a competitive process to develop,

within the National Oceanic and Atmospheric Administration,

for one or more centers of excellence that strengthen the

capabilities of the National Oceanic and Atmospheric Administration to carry out its programs and activities related to the

oceans’ role in human health.

(2) The centers shall focus on areas related to agency

missions, including use of marine organisms as indicators for

marine environmental health, ocean pollutants, marine toxins

and pathogens, harmful algal blooms, hypoxia, seafood testing,

identification of potential marine products, and biology and

pathobiology of marine mammals, and on disciplines including

marine genomics, marine environmental microbiology,

ecological chemistry and conservation medicine.

(3) In selecting centers for funding, the Secretary will give

priority to proposals with strong interdisciplinary scientific

merit that encourage educational opportunities and provide

for effective partnerships among the Administration, other Federal entities, State, academic, non-profit research organizations,

medical, and industry participants.

(d) EXTRAMURAL RESEARCH GRANTS.—

(1) The Secretary is authorized to provide grants of financial assistance to the scientific community for critical research

and projects that explore the relationship between the oceans

and human health and that complement or strengthen programs and activities of the National Oceanic and Atmospheric

Administration related to the ocean’s role in human health.

Officers and employees of Federal agencies may collaborate

33 USC 3102.

118 STAT. 2934 PUBLIC LAW 108–447—DEC. 8, 2004

with, and participate in, such research and projects to the

extent requested by the grant recipient. The Secretary shall

consult with the oceans and human health advisory panel established under subsection (b) and may work cooperatively with

other agencies participating in the interagency program to

establish joint criteria for such research and projects.

(2) Grants under this subsection shall be awarded through

a competitive peer-reviewed, merit-based process that may be

conducted jointly with other agencies participating in the interagency program.

(e) TRAINEESHIPS.—The Secretary of Commerce is authorized

to establish a program to provide traineeships, training, and experience to pre-doctoral and post-doctoral students and to scientists

at the beginning of their careers who are interested in the oceans

in human health research conducted under the NOAA initiative.

SEC. 904. PUBLIC INFORMATION AND OUTREACH.

(a) IN GENERAL.—The Secretary of Commerce, in consultation

with other Federal agencies, and in cooperation with the National

Sea Grant program, shall design and implement a program to

disseminate information developed under the NOAA Oceans and

Human Health Initiative, including research, assessments, and

findings regarding the relationship between oceans and human

health, on both a regional and national scale. The information,

particularly with respect to potential health risks, shall be made

available in a timely manner to appropriate Federal or State agencies, involved industries, and other interested persons through a

variety of means, including through the Internet.

(b) REPORT.—As part of this program, the Secretary shall

submit to Congress an annual report reviewing the results of the

research, assessments, and findings developed under the NOAA

Oceans and Human Health Initiative, as well as recommendations

for improving or expanding the program.

SEC. 905. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of

Commerce to carry out the National Oceanic and Atmospheric

Administration Oceans and Human Health Initiative, $60,000,000

for fiscal years 2005 through 2008. Not less than 50 percent of

the amounts appropriated to carry out the initiative shall be utilized

in each fiscal year to support the extramural grant and traineeship

programs of the Initiative.

This division may be cited as the ‘‘Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005’’.

33 USC 3104.

33 USC 3103.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2935

DIVISION C—ENERGY AND WATER DEVELOPMENT

APPROPRIATIONS ACT, 2005

TITLE I

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief

of Engineers for authorized civil functions of the Department of

the Army pertaining to rivers and harbors, flood control, shore

protection and storm damage reduction, aquatic ecosystem restoration, and related purposes.

GENERAL INVESTIGATIONS

For expenses necessary for the collection and study of basic

information pertaining to river and harbor, flood control, shore

protection and storm damage reduction, aquatic ecosystem restoration, and related projects, restudy of authorized projects, miscellaneous investigations, and, when authorized by law, surveys and

detailed studies and plans and specifications of projects prior to

construction, $144,500,000, to remain available until expended: Provided, That the Secretary of the Army, acting through the Chief

of Engineers, is directed to use $300,000 for the continued

preconstruction, engineering, and design of Waikiki Beach, Oahu,

Hawaii, the project to be designed and evaluated, as authorized

and that any recommendations for a National Economic Development Plan shall be accepted notwithstanding the extent of recreation benefits supporting the project features, in view of the fact

that recreation is extremely important in sustaining and increasing

the economic well-being of the State of Hawaii and the nation:

Provided further, That in conducting the Southwest Valley Flood

Damage Reduction Study, Albuquerque, New Mexico, the Secretary

of the Army, acting through the Chief of Engineers, shall include

an evaluation of flood damage reduction measures that would otherwise be excluded from the feasibility analysis based on policies

regarding the frequency of flooding, the drainage areas, and the

amount of runoff: Provided further, That for the Ohio Riverfront,

Cincinnati, Ohio, project, the cost of planning and design undertaken by non-Federal interests shall be credited toward the nonFederal 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);

Energy and

Water

Development

Appropriations

Act, 2005.

118 STAT. 2936 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2938 PUBLIC LAW 108–447—DEC. 8, 2004

use funds appropriated for the navigation project, Tampa Harbor,

Florida, to carry out, as part of the project, construction of passing

lanes in an area approximately 3.5 miles long, centered on Tampa

Bay Cut B, if the Secretary determines that such construction

is technically sound, environmentally acceptable, and cost effective:

Provided further, That using $750,000 of the funds appropriated

herein, the Secretary of the Army, acting through the Chief of

Engineers, is authorized and directed to plan, design, and initiate

reconstruction of the Cape Girardeau, Missouri, project, originally

authorized by the Flood Control Act of 1950, at an estimated total

cost of $9,000,000, with cost sharing on the same basis as cost

sharing for the project as originally authorized, if the Secretary

determines that the reconstruction is technically sound and environmentally acceptable: Provided further, That the planned reconstruction shall be based on the most cost-effective engineering solution

and shall require no further economic justification: Provided further,

That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed without further delay with work on

the permanent bridge to replace Folsom Bridge Dam Road, Folsom,

California, as authorized by the Energy and Water Development

Appropriations Act, 2004 (Public Law 108–137), and, of the

$8,000,000 available for the American River Watershed (Folsom

Dam Mini-Raise), California, project, up to $5,000,000 of those

funds be directed for the permanent bridge, with all remaining

devoted to the Mini-Raise: Provided further, That the Secretary

of the Army is directed to use $1,365,000 of the funds appropriated

herein to construct a project for flood control, Cass River, Spaulding

Township, Michigan, pursuant to section 205 of the Flood Control

Act of 1948 (33 U.S.C. 701s), notwithstanding that the benefits

of the project may not exceed the estimated costs of the project:

Provided further, That the non-Federal interest for the project shall

receive credit towards its share of project costs in the amount

of $345,000 for work carried out by the non-Federal interest on

the project prior to entering into a project cooperation agreement:

Provided further, That the Secretary of the Army, acting through

the Chief of Engineers, is directed to undertake and fund a demonstration project utilizing the Bidlocker system of escrowing contract bid documents: Provided further, That the system should

provide a method of securing bidder documents prior to the award

of the contracts, thus allowing the contractor to provide those

documents to the Government in the case of disputes: Provided

further, That the demonstration project should include use of the

system on at least three contracts: Provided further, That a report

on the results of the demonstration project shall be provided within

1 year of the date of enactment of this Act.

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, IL- LINOIS, 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

Reports.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2940 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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. 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

Applicability.

33 USC 2221.

118 STAT. 2942 PUBLIC LAW 108–447—DEC. 8, 2004

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:

PUBLIC LAW 108–447—DEC. 8, 2004 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. 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.

Contracts.

California.

118 STAT. 2944 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 111. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA. (a)

IN GENERAL.—The Secretary is authorized to construct a new

project management office located in the city of Tuscaloosa, Alabama, at a location within the vicinity of the city, at full Federal

expense.

(b) TRANSFER OF LAND AND STRUCTURES.—The Secretary is

authorized to convey, or otherwise transfer to the City of Tuscaloosa,

Alabama, at fair market value, the land and structures associated

with the existing project management office, if the city agrees

to assume full responsibility for demolition of the existing project

management office.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out subsection (a) $32,000,000.

SEC. 112. Within 75 days of the date of the Chief of Engineers

Report on a water resource matter, the Assistant Secretary of

the Army (Civil Works) shall submit the report to the appropriate

authorizing and appropriating committees of the Congress.

SEC. 113. Within 90 days of the date of enactment of this

Act, the Assistant Secretary of the Army (Civil Works) shall

transmit to Congress his report on any water resources matter

on which the Chief of Engineers has reported.

SEC. 114. COASTAL WETLAND CONSERVATION PROJECT FUNDING.

(a) FUNDING.—Section 306 of the Coastal Wetlands Planning,

Protection, and Restoration Act (16 U.S.C. 3955) is amended—

(1) in subsection (a), by striking ‘‘, not to exceed

$70,000,000,’’;

(2) in subsection (b), by striking ‘‘, not to exceed

$15,000,000’’; and

(3) in subsection (c), by striking ‘‘, not to exceed

$15,000,000,’’.

(b) PERIOD OF AUTHORIZATION.—Section 4(a) of the DingellJohnson 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 nonFederal 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

Deadline.

Reports.

Deadline.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2946 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2948 PUBLIC LAW 108–447—DEC. 8, 2004

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 ‘‘SJVDPAlternative Repayment Plan’’ described in the report entitled

‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San

Joaquin Valley Drainage Program, February 1995’’, prepared by

the Department of the Interior, Bureau of Reclamation. Any future

obligations of funds by the United States relating to, or providing

for, drainage service or drainage studies for the San Luis Unit

shall be fully reimbursable by San Luis Unit beneficiaries of such

service or studies pursuant to Federal reclamation law.

SEC. 202. None of the funds appropriated or otherwise made

available by this or any other Act may be used to pay the salaries

and expenses of personnel to purchase or lease water in the Middle

Rio Grande or the Carlsbad Projects in New Mexico unless said

purchase or lease is in compliance with the purchase requirements

of section 202 of Public Law 106–60.

SEC. 203. LOWER COLORADO RIVER BASIN DEVELOPMENT. (a)

IN GENERAL.—Notwithstanding section 403(f) of the Colorado River

Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower

Colorado River Basin Development Fund shall be paid to the general

fund of the Treasury until each provision of the revised Stipulation

Regarding a Stay and for Ultimate Judgment Upon the Satisfaction

of Conditions, filed in United States District Court on April 24,

43 USC 1543

note.

New Mexico.

PUBLIC LAW 108–447—DEC. 8, 2004 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) PAYMENT TO GENERAL FUND.—If any of the provisions of

the stipulation referred to in subsection (a) are not met by the

date that is 10 years after the date of enactment of this Act,

payments to the general fund of the Treasury shall resume in

accordance with section 403(f) of the Colorado River Basin Project

Act (43 U.S.C. 1543(f)).

(c) AUTHORIZATION.—Amounts in the Lower Colorado River

Basin Development Fund that but for this section would be returned

to the general fund of the Treasury shall not be expended until

further Act of Congress.

SEC. 204. Funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for

specified drought related purposes from willing lessors, in compliance with existing State laws and administered under State water

priority allocation. Such leases may be entered into with an option

to purchase: Provided, That such purchase is approved by the

State in which the purchase takes place and the purchase does

not cause economic harm within the State in which the purchase

is made.

SEC. 205. (a) Notwithstanding any other provision of law and

hereafter, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, may not obligate funds, and

may not use discretion, if any, to restrict, reduce or reallocate

any water stored in Heron Reservoir or delivered pursuant to San

Juan-Chama Project contracts, including execution of said contracts

facilitated by the Middle Rio Grande Project, to meet the requirements of the Endangered Species Act, unless such water is acquired

or otherwise made available from a willing seller or lessor and

the use is in compliance with the laws of the State of New Mexico,

including but not limited to, permitting requirements.

(b) Complying with the reasonable and prudent alternatives

and the incidental take limits defined in the Biological Opinion

released by the United States Fish and Wildlife Service dated

March 17, 2003 combined with efforts carried out pursuant to

Public Law 106–377, Public Law 107–66, and Public Law 108–

7 fully meet all requirements of the Endangered Species Act (16

U.S.C. 1531 et seq.) for the conservation of the Rio Grande Silvery

Minnow (Hybognathus amarus) and the Southwestern Willow

Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande

in New Mexico.

(c) This section applies only to those Federal agencies and

non-Federal actions addressed in the March 17, 2003 Biological

Opinion.

(d) Subsection (b) will remain in effect until March 16, 2013.

SEC. 206. The Secretary of the Interior, acting through the

Commissioner of the Bureau of Reclamation, is authorized to enter

into grants, cooperative agreements, and other agreements with

irrigation or water districts and States to fund up to 50 percent

of the cost of planning, designing, and constructing improvements

that will conserve water, increase water use efficiency, or enhance

water management through measurement or automation, at

existing water supply projects within the States identified in the

Act of June 17, 1902, as amended, and supplemented: Provided,

Grants.

Contracts.

Termination

date.

Applicability.

Deadline.

118 STAT. 2950 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2952 PUBLIC LAW 108–447—DEC. 8, 2004

real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not to exceed four passenger

motor vehicles for replacement only, including not to exceed one

ambulance, $3,628,902,000, to remain available until expended.

NUCLEAR WASTE DISPOSAL

For nuclear waste disposal activities to carry out the purposes

of Public Law 97–425, as amended, including the acquisition of

real property or facility construction or expansion, $346,000,000,

to remain available until expended: Provided, That of the funds

made available in this Act for Nuclear Waste Disposal, $2,000,000

shall be provided to the State of Nevada solely for expenditures,

other than salaries and expenses of State employees, to conduct

scientific oversight responsibilities and participate in licensing

activities pursuant to the Nuclear Waste Policy Act of 1982, Public

Law 97–425, as amended: Provided further, That $8,000,000 shall

be provided to affected units of local governments, as defined in

Public Law 97–425, to conduct scientific oversight responsibilities

and participate in licensing activities pursuant to the Act: Provided

further, That the distribution of the funds as determined by the

units of local government shall be approved by the Department

of Energy: Provided further, That the funds for the State of Nevada

shall be made available solely to the Nevada Division of Emergency

Management by direct payment and units of local government by

direct payment: Provided further, That within 90 days of the completion of each Federal fiscal year, the Nevada Division of Emergency

Management and the Governor of the State of Nevada and each

local entity shall provide certification to the Department of Energy

that all funds expended from such payments have been expended

for activities authorized by Public Law 97–425 and this Act: Provided further, That failure to provide such certification shall cause

such entity to be prohibited from any further funding provided

for similar activities: Provided further, That none of the funds

herein appropriated may be: (1) used directly or indirectly to influence legislative action on any matter pending before Congress or

a State legislature or for lobbying activity as provided in 18 U.S.C.

1913; (2) used for litigation expenses; or (3) used to support multiState 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

Lobbying.

Deadline.

Certification.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2954 PUBLIC LAW 108–447—DEC. 8, 2004

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 defenserelated 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.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2956 PUBLIC LAW 108–447—DEC. 8, 2004

available until expended: Provided, That, notwithstanding the provisions of 31 U.S.C. 3302, up to $2,900,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act

to recover purchase power and wheeling expenses shall be credited

to this account as offsetting collections, to remain available until

expended for the sole purpose of making purchase power and

wheeling expenditures; in addition, notwithstanding 31 U.S.C. 3302,

beginning in fiscal year 2005 and thereafter, such funds as are

received by the Southwestern Power Administration from any State,

municipality, corporation, association, firm, district, or individual

as advance payment for work that is associated with Southwestern’s

transmission facilities, consistent with that authorized in section

5 of the Flood Control Act, shall be credited to this account and

be available until expended.

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,

WESTERN AREA POWER ADMINISTRATION

For carrying out the functions authorized by title III, section

302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and

other related activities including conservation and renewable

resources programs as authorized, including official reception and

representation expenses in an amount not to exceed $1,500;

$173,100,000, to remain available until expended, of which

$167,236,000 shall be derived from the Department of the Interior

Reclamation Fund: Provided, That of the amount herein appropriated, $10,000,000 shall be available until expended on a nonreimbursable basis to the Western Area Power Administration to

design, construct, operate and maintain transmission facilities and

services for the Animas-LaPlata Project as authorized by section

301(b)(10) of Public Law 106–554: Provided further, That of the

amount herein appropriated, $6,200,000 is for deposit into the Utah

Reclamation Mitigation and Conservation Account pursuant to title

IV of the Reclamation Projects Authorization and Adjustment Act

of 1992: Provided further, That of the amount herein appropriated,

$6,000,000 shall be available until expended on a nonreimbursable

basis to the Western Area Power Administration for Topock-DavisMead 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.

16 USC 825s–4.

PUBLIC LAW 108–447—DEC. 8, 2004 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 notwithstanding any other provision of law, not to exceed

$210,000,000 of revenues from fees and annual charges, and other

services and collections in fiscal year 2005 shall be retained and

used for necessary expenses in this account, and shall remain

available until expended: Provided further, That the sum herein

appropriated from the general fund shall be reduced as revenues

are received during fiscal year 2005 so as to result in a final

fiscal year 2005 appropriation from the general fund estimated

at not more than $0.

GENERAL PROVISIONS

DEPARTMENT OF ENERGY

SEC. 301. (a)(1) None of the funds in this or any other appropriations Act for fiscal year 2005 or any previous fiscal year may

be used to make payments for a noncompetitive management and

operating contract unless the Secretary of Energy has published

in the Federal Register and submitted to the Committees on Appropriations of the House of Representatives and the Senate a written

notification, with respect to each such contract, of the Secretary’s

decision to use competitive procedures for the award of the contract,

or to not renew the contract, when the term of the contract expires.

(2) Paragraph (1) does not apply to an extension for up to

2 years of a noncompetitive management and operating contract,

if the extension is for purposes of allowing time to award competitively a new contract, to provide continuity of service between

contracts, or to complete a contract that will not be renewed.

(b) In this section:

(1) The term ‘‘noncompetitive management and operating

contract’’ means a contract that was awarded more than 50

years ago without competition for the management and operation of Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley National Laboratory, Lawrence Livermore

National Laboratory, and Los Alamos National Laboratory.

(2) The term ‘‘competitive procedures’’ has the meaning

provided in section 4 of the Office of Federal Procurement

Policy Act (41 U.S.C. 403) and includes procedures described

in section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) other than a procedure that

solicits a proposal from only one source.

(c) For all management and operating contracts other than

those listed in subsection (b)(1), none of the funds appropriated

by this Act may be used to award a management and operating

contract, or award a significant extension or expansion to an

existing management and operating contract, unless such contract

is awarded using competitive procedures or the Secretary of Energy

Federal Register,

publication.

Notification.

42 USC 7171

note.

118 STAT. 2958 PUBLIC LAW 108–447—DEC. 8, 2004

grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such

a waiver. At least 60 days before a contract award for which

the Secretary intends to grant such a waiver, the Secretary shall

submit to the Committees on Appropriations of the House of Representatives and the Senate a report notifying the Committees

of the waiver and setting forth, in specificity, the substantive reasons why the Secretary believes the requirement for competition

should be waived for this particular award.

SEC. 302. None of the funds appropriated by this Act may

be used to—

(1) develop or implement a workforce restructuring plan

that covers employees of the Department of Energy; or

(2) provide enhanced severance payments or other benefits

for employees of the Department of Energy, under section 3161

of the National Defense Authorization Act for Fiscal Year 1993

(Public Law 102–484; 42 U.S.C. 7274h).

SEC. 303. None of the funds appropriated by this Act may

be used to augment the funds made available for obligation by

this Act for severance payments and other benefits and community

assistance grants under section 3161 of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102–484; 42

U.S.C. 7274h) unless the Department of Energy submits a reprogramming request subject to approval by the appropriate

congressional committees.

SEC. 304. None of the funds appropriated by this Act may

be used to prepare or initiate Requests For Proposals (RFPs) for

a program if the program has not been funded by Congress.

(TRANSFERS OF UNEXPENDED BALANCES)

SEC. 305. The unexpended balances of prior appropriations

provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this title.

Balances so transferred may be merged with funds in the applicable

established accounts and thereafter may be accounted for as one

fund for the same time period as originally enacted.

SEC. 306. None of the funds in this or any other Act for

the Administrator of the Bonneville Power Administration may

be used to enter into any agreement to perform energy efficiency

services outside the legally defined Bonneville service territory,

with the exception of services provided internationally, including

services provided on a reimbursable basis, unless the Administrator

certifies in advance that such services are not available from private

sector businesses.

SEC. 307. When the Department of Energy makes a user facility

available to universities or other potential users, or seeks input

from universities or other potential users regarding significant

characteristics or equipment in a user facility or a proposed user

facility, the Department shall ensure broad public notice of such

availability or such need for input to universities and other potential

users. When the Department of Energy considers the participation

of a university or other potential user as a formal partner in

the establishment or operation of a user facility, the Department

shall employ full and open competition in selecting such a partner.

For purposes of this section, the term ‘‘user facility’’ includes, but

is not limited to: (1) a user facility as described in section 2203(a)(2)

of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a

Deadline.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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. 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

50 USC 2812

note.

118 STAT. 2960 PUBLIC LAW 108–447—DEC. 8, 2004

to achieve its small business contracting goals set forth in subsection

(g) of the Small Business Act, 15 U.S.C. 644(g): Provided, That,

none of the funds appropriated by this Act may be used by the

Department of Energy for procurement actions resulting from the

break-out of requirements from current facility management and

operating contracts unless, consistent with requirements of Subpart

19.4 of the Federal Acquisition Regulation, the Secretary of Energy

or his duly authorized designee formally requests, considers, and

renders an appropriate decision on the views of the Small Business

Administration Breakout Procurement Center Representative or

the Representative’s duly authorized designee concerning cost

effectiveness, mission performance, security, safety, small business

participation, and other legitimate acquisition objectives of procurement actions at issue. No later than April 1, 2005, the Secretary

of Energy shall submit a report to the Comptroller General and

to Congress discussing the Secretary’s plans required by section

15(h) of the Small Business Act, 15 U.S.C. 644(h), for meeting

the Department’s statutory small business contracting goals while

taking into account other legitimate acquisition objectives. In preparing the report, the Secretary shall request and consider the

views of the Administrator of the Small Business Administration

and the Director of the Office of Small and Disadvantaged Business

Utilization of the Department of Energy. The report shall discuss

the Department’s policies and activities concerning break-outs of

procurement requirements from current management and operating

contracts, consistent with requirements of this Act, section 15(h)

of the Small Business Act, and Subpart 19.4 of the Federal Acquisition Regulations.

SEC. 313. None of the funds appropriated by this Act may

be used by the Department of Energy to require its management

and operating contractors to perform contract management, oversight, or administration functions prohibited by section 7.503 of

the Federal Acquisition Regulation in connection with any small

business prime contract awarded by the Department of Energy.

SEC. 314. None of the funds in this Act may be used to dispose

of transuranic waste in the Waste Isolation Pilot Plant which contains concentrations of plutonium in excess of 20 percent by weight

for the aggregate of any material category on the date of enactment

of this Act, or is generated after such date. For the purpose of

this section, the material categories of transuranic waste at the

Rocky Flats Environmental Technology Site include: (1) ash residues; (2) salt residue; (3) wet residues; (4) direct repackage residues;

and (5) scrub alloy as referenced in the ‘‘Final Environmental

Impact Statement on Management of Certain Plutonium Residues

and Scrub Alloy Stored at the Rocky Flats Environmental Technology Site’’.

TITLE IV

INDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized

by the Appalachian Regional Development Act of 1965, as amended,

for necessary expenses for the Federal Co-Chairman and the alternate on the Appalachian Regional Commission, for payment of

Deadline.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2962 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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. 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—

16 USC 831a.

118 STAT. 2964 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(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;

PUBLIC LAW 108–447—DEC. 8, 2004 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.—

118 STAT. 2966 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(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:

PUBLIC LAW 108–447—DEC. 8, 2004 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.

(a) APPOINTMENTS.—

(1) IN GENERAL.—As soon as practicable after the date

of enactment of this Act, the President shall submit to the

Senate nominations of six persons to serve as members of

the Board of Directors of the Tennessee Valley Authority in

addition to the members serving on the date of enactment

of this Act.

(2) INITIAL TERMS.—Notwithstanding section 2(d) of the

Tennessee Valley Authority Act of 1933 (as amended by this

title), in making the appointments under paragraph (1), the

President shall appoint—

(A) two members for a term to expire on May 18,

2007;

(B) two members for a term to expire on May 18,

2009; and

(C) two members for a term to expire on May 18,

2011.

(b) EFFECTIVE DATE.—The amendments made by this title take

effect on the later of—

(1) the date on which at least three persons nominated

under subsection (a) take office; or

(2) May 18, 2005.

(c) SELECTION OF CHAIRMAN.—The Board of Directors of the

Tennessee Valley Authority shall select one of the members to

act as chairman of the Board not later than 30 days after the

effective date specified in subsection (b).

(d) CONFLICT-OF-INTEREST POLICY.—The Board of Directors of

the Tennessee Valley Authority shall adopt and submit to Congress

a conflict-of-interest policy, as required by section 2(g)(1)(E) of the

Tennessee Valley Authority Act of 1933 (as amended by this title),

as soon as practicable after the effective date specified in subsection

(b).

(e) TRANSITION.—A person who is serving as a member of

the board of directors of the Tennessee Valley Authority on the

date of enactment of this Act—

(1) shall continue to serve until the end of the current

term of the member; but

(2) after the effective date specified in subsection (b), shall

serve under the terms of the Tennessee Valley Authority Act

of 1933 (as amended by this title).

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

Deadline.

President.

16 USC 831a

note.

118 STAT. 2968 PUBLIC LAW 108–447—DEC. 8, 2004

DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING,

AND RELATED PROGRAMS APPROPRIATIONS ACT, 2005

TITLE I—EXPORT AND INVESTMENT ASSISTANCE

EXPORT-IMPORT BANK OF THE UNITED STATES

The Export-Import Bank of the United States is authorized

to make such expenditures within the limits of funds and borrowing

authority available to such corporation, and in accordance with

law, and to make such contracts and commitments without regard

to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying

out the program for the current fiscal year for such corporation:

Provided, That none of the funds available during the current

fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology

to any country, other than a nuclear-weapon state as defined in

Article IX of the Treaty on the Non-Proliferation of Nuclear

Weapons eligible to receive economic or military assistance under

this Act, that has detonated a nuclear explosive after the date

of the enactment of this Act: Provided further, That notwithstanding

section 1(c) of Public Law 103–428, as amended, sections 1(a) and

(b) of Public Law 103–428 shall remain in effect through October

1, 2005.

SUBSIDY APPROPRIATION

For the cost of direct loans, loan guarantees, insurance, and

tied-aid grants as authorized by section 10 of the Export-Import

Bank Act of 1945, as amended, $59,800,000, to remain available

until September 30, 2008: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974: Provided further,

That such sums shall remain available until September 30, 2023,

for the disbursement of direct loans, loan guarantees, insurance

and tied-aid grants obligated in fiscal years 2005, 2006, 2007,

and 2008: Provided further, That none of the funds appropriated

by this Act or any prior Act appropriating funds for foreign operations, export financing, and related programs for tied-aid credits

or grants may be used for any other purpose except through the

regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph

are made available notwithstanding section 2(b)(2) of the ExportImport Bank Act of 1945, in connection with the purchase or lease

of any product by any Eastern European country, any Baltic State

or any agency or national thereof: Provided further, That not later

than 30 days after the date of enactment of this Act, the ExportImport 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)).

Deadline.

Reports.

Termination

date.

12 USC 635 note.

Foreign

Operations,

Export

Financing, and

Related

Programs

Appropriations

Act, 2005.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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

Termination

date.

12 USC 635a

note.

118 STAT. 2970 PUBLIC LAW 108–447—DEC. 8, 2004

credit and insurance programs in the Overseas Private Investment

Corporation Noncredit Account and merged with said account.

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $51,500,000, to remain

available until September 30, 2006.

TITLE II—BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out

the provisions of the Foreign Assistance Act of 1961, and for other

purposes, to remain available until September 30, 2005, unless

otherwise specified herein, as follows:

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters

1 and 10 of part I of the Foreign Assistance Act of 1961, for

child survival, health, and family planning/reproductive health

activities, in addition to funds otherwise available for such purposes,

$1,550,000,000, to remain available until September 30, 2006: Provided, That this amount shall be made available for such activities

as: (1) immunization programs; (2) oral rehydration programs; (3)

health, nutrition, water and sanitation programs which directly

address the needs of mothers and children, and related education

programs; (4) assistance for children displaced or orphaned by

causes other than AIDS; (5) programs for the prevention, treatment,

control of, and research on HIV/AIDS, tuberculosis, polio, malaria,

and other infectious diseases, and for assistance to communities

severely affected by HIV/AIDS, including children displaced or

orphaned by AIDS; and (6) family planning/reproductive health:

Provided further, That none of the funds appropriated under this

heading may be made available for nonproject assistance, except

that funds may be made available for such assistance for ongoing

health activities: Provided further, That of the funds appropriated

under this heading, not to exceed $250,000, in addition to funds

otherwise available for such purposes, may be used to monitor

and provide oversight of child survival, maternal and family planning/reproductive health, and infectious disease programs: Provided

further, That the following amounts should be allocated as follows:

$345,000,000 for child survival and maternal health; $30,000,000

for vulnerable children; $350,000,000 for HIV/AIDS including not

less than $30,000,000 to support the development of microbicides

as a means for combating HIV/AIDS; $200,000,000 for other infectious diseases; and $375,000,000 for family planning/reproductive

health, including in areas where population growth threatens biodiversity or endangered species: Provided further, That of the funds

appropriated under this heading, and in addition to funds allocated

under the previous proviso, not less than $250,000,000 shall be

Immunization.

HIV/AIDS.

PUBLIC LAW 108–447—DEC. 8, 2004 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 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

Abortion.

118 STAT. 2972 PUBLIC LAW 108–447—DEC. 8, 2004

payment of incentives, bribes, gratuities, or financial reward to:

(A) an individual in exchange for becoming a family planning

acceptor; or (B) program personnel for achieving a numerical target

or quota of total number of births, number of family planning

acceptors, or acceptors of a particular method of family planning;

(3) the project shall not deny any right or benefit, including the

right of access to participate in any program of general welfare

or the right of access to health care, as a consequence of any

individual’s decision not to accept family planning services; (4)

the project shall provide family planning acceptors comprehensible

information on the health benefits and risks of the method chosen,

including those conditions that might render the use of the method

inadvisable and those adverse side effects known to be consequent

to the use of the method; and (5) the project shall ensure that

experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in

which participants are advised of potential risks and benefits; and,

not less than 60 days after the date on which the Administrator

of the United States Agency for International Development determines that there has been a violation of the requirements contained

in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or

practice of violations of the requirements contained in paragraph

(4) of this proviso, the Administrator shall submit to the Committees

on Appropriations a report containing a description of such violation

and the corrective action taken by the Agency: Provided further,

That in awarding grants for natural family planning under section

104 of the Foreign Assistance Act of 1961 no applicant shall be

discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and,

additionally, all such applicants shall comply with the requirements

of the previous proviso: Provided further, That for purposes of

this or any other Act authorizing or appropriating funds for foreign

operations, export financing, and related programs, the term ‘‘motivate’’, as it relates to family planning assistance, shall not be

construed to prohibit the provision, consistent with local law, of

information or counseling about all pregnancy options: Provided

further, That to the maximum extent feasible, taking into consideration cost, timely availability, and best health practices, funds

appropriated in this Act or prior appropriations Acts that are made

available for condom procurement shall be made available only

for the procurement of condoms manufactured in the United States:

Provided further, That information provided about the use of

condoms as part of projects or activities that are funded from

amounts appropriated by this Act shall be medically accurate and

shall include the public health benefits and failure rates of such

use.

DEVELOPMENT ASSISTANCE

For necessary expenses of the United States Agency for International Development to carry out the provisions of sections 103,

105, 106, and 131, and chapter 10 of part I of the Foreign Assistance

Act of 1961, $1,460,000,000, to remain available until September

30, 2006: Provided, That $194,000,000 should be allocated for trade

capacity building: Provided further, That $300,000,000 should be

allocated for basic education: Provided further, That of the funds

appropriated under this heading and managed by the United States

Nondiscrimination.

Deadline.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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 subSaharan Africa to address sexual and gender-based violence: Provided further, That of the funds appropriated under this heading,

$2,000,000 should be made available to develop clean water treatment activities in developing countries: Provided further, That of

the funds appropriated by this Act, $100,000,000 shall be made

available for drinking water supply projects and related activities.

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For necessary expenses of the United States Agency for International Development to carry out the provisions of section 491

of the Foreign Assistance Act of 1961 for international disaster

relief, rehabilitation, and reconstruction assistance, $335,500,000,

to remain available until expended.

In addition, for necessary expenses for assistance for famine

prevention and relief, including for mitigation of the effects of

famine, $34,500,000, to remain available until expended: Provided, That such funds shall be made available utilizing the general

authorities of section 491 of the Foreign Assistance Act of 1961,

and shall be in addition to amounts otherwise available for such

purposes: Provided further, That funds appropriated by this paragraph shall be available for obligation subject to prior consultation

with the Committees on Appropriations.

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation

and reconstruction assistance pursuant to section 491 of the Foreign

Assistance Act of 1961, $49,000,000, to remain available until

expended, to support transition to democracy and to long-term

development of countries in crisis: Provided, That such support

may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure,

and foster the peaceful resolution of conflict: Provided further, That

the United States Agency for International Development shall

submit a report to the Committees on Appropriations at least 5

days prior to beginning a new program of assistance: Provided

further, That if the President determines that is important to the

Reports.

Deadline.

118 STAT. 2974 PUBLIC LAW 108–447—DEC. 8, 2004

national interests of the United States to provide transition assistance in excess of the amount appropriated under this heading,

up to $15,000,000 of the funds appropriated by this Act to carry

out the provisions of part I of the Foreign Assistance Act of 1961

may be used for purposes of this heading and under the authorities

applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso

shall be made available subject to prior consultation with the

Committees on Appropriations.

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees provided by

the United States Agency for International Development, as authorized by sections 108 and 635 of the Foreign Assistance Act of

1961, funds may be derived by transfer from funds appropriated

by this Act to carry out part I of such Act and under the heading

‘‘Assistance for Eastern Europe and the Baltic States’’: Provided, That such funds shall not exceed $21,000,000, which shall be made

available only for micro and small enterprise programs, urban programs, and other programs which further the purposes of part

I of the Act: Provided further, That such costs, including the cost

of modifying such direct and guaranteed loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974, as amended:

Provided further, That funds made available by this paragraph

may be used for the cost of modifying any such guaranteed loans

under this Act or prior Acts, and funds used for such costs shall

be subject to the regular notification procedures of the Committees

on Appropriations: Provided further, That the provisions of section

107A(d) (relating to general provisions applicable to the Development Credit Authority) of the Foreign Assistance Act of 1961,

as contained in section 306 of H.R. 1486 as reported by the House

Committee on International Relations on May 9, 1997, shall be

applicable to direct loans and loan guarantees provided under this

heading.

In addition, for administrative expenses to carry out credit

programs administered by the United States Agency for International Development, $8,000,000, which may be transferred to

and merged with the appropriation for Operating Expenses of the

United States Agency for International Development: Provided,

That funds made available under this heading shall remain available until September 30, 2007.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the ‘‘Foreign Service Retirement and Disability

Fund’’, as authorized by the Foreign Service Act of 1980,

$42,500,000.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

For necessary expenses to carry out the provisions of section

667 of the Foreign Assistance Act of 1961, $618,000,000, of which

up to $25,000,000 may remain available until September 30, 2006:

Reports. Provided, That none of the funds appropriated under this heading

Deadline.

Applicability.

PUBLIC LAW 108–447—DEC. 8, 2004 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 longterm lease of offices in a report submitted to the Committees

on Appropriations at least 15 days prior to the obligation of these

funds for such purposes: Provided further, That the previous proviso

shall not apply where the total cost of construction (including

architect and engineering services), purchase, or long-term lease

of offices does not exceed $1,000,000: Provided further, That contracts or agreements entered into with funds appropriated under

this heading may entail commitments for the expenditure of such

funds through fiscal year 2006: Provided further, That none of

the funds in this Act may be used to open a new overseas mission

of the United States Agency for International Development without

the prior written notification of the Committees on Appropriations:

Provided further, That the authority of sections 610 and 109 of

the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter

1 of part I of such Act to ‘‘Operating Expenses of the United

States Agency for International Development’’ in accordance with

the provisions of those sections.

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related

costs, and for the procurement and enhancement of information

technology and related capital investments, pursuant to section

667 of the Foreign Assistance Act of 1961, $59,000,000, to remain

available until expended: Provided, That this amount is in addition

to funds otherwise available for such purposes: Provided further,

That funds appropriated under this heading shall be available

for obligation only pursuant to the regular notification procedures

of the Committees on Appropriations: Provided further, That of

the amounts appropriated under this heading, not to exceed

$19,709,000 may be made available for the purposes of implementing the Capital Security Cost Sharing Program.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section

667 of the Foreign Assistance Act of 1961, $35,000,000, to remain

available until September 30, 2006, which sum shall be available

for the Office of the Inspector General of the United States Agency

for International Development.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

For necessary expenses to carry out the provisions of chapter

4 of part II, $2,482,500,000, to remain available until September

30, 2006: Provided, That of the funds appropriated under this

heading, not less than $360,000,000 shall be available only for

Israel, which sum shall be available on a grant basis as a cash

Deadline.

118 STAT. 2976 PUBLIC LAW 108–447—DEC. 8, 2004

transfer and shall be disbursed within 30 days of the enactment

of this Act: Provided further, That not less than $535,000,000 shall

be available only for Egypt, which sum shall be provided on a

grant basis, and of which sum cash transfer assistance shall be

provided with the understanding that Egypt will undertake significant economic reforms which are additional to those which were

undertaken in previous fiscal years, and of which $200,000,000

should be provided as Commodity Import Program assistance: Provided further, That with respect to the provision of assistance

for Egypt for democracy and governance activities, the organizations

implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the Government

of Egypt: Provided further, That in exercising the authority to

provide cash transfer assistance for Israel, the President shall

ensure that the level of such assistance does not cause an adverse

impact on the total level of nonmilitary exports from the United

States to such country and that Israel enters into a side letter

agreement in an amount proportional to the fiscal year 1999 agreement: Provided further, That of the funds appropriated under this

heading, not less than $250,000,000 should be made available only

for assistance for Jordan: Provided further, That $13,500,000 of

the funds appropriated under this heading shall be made available

for Cyprus to be used only for scholarships, administrative support

of the scholarship program, bicommunal projects, and measures

aimed at reunification of the island and designed to reduce tensions

and promote peace and cooperation between the two communities

on Cyprus: Provided further, That $35,000,000 of the funds appropriated under this heading shall be made available for assistance

for Lebanon, of which not less than $4,000,000 should be made

available for scholarships and direct support of American educational institutions in Lebanon: Provided further, That funds

appropriated under this heading may be used, notwithstanding

any other provision of law, to provide assistance to the National

Democratic Alliance of Sudan to strengthen its ability to protect

civilians from attacks, slave raids, and aerial bombardment by

the Sudanese Government forces and its militia allies, and the

provision of such funds shall be subject to the regular notification

procedures of the Committees on Appropriations: Provided further,

That in the previous proviso, the term ‘‘assistance’’ includes nonlethal, 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

President.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2977

media in Indonesia: Provided further, That of the funds appro- priated under this heading, $5,000,000 shall be made available

to continue to support the provision of wheelchairs for needy persons

in developing countries: Provided further, That funds appropriated

under this heading that are made available for a Middle East

Financing Facility, Middle East Enterprise Fund, or any other

similar entity in the Middle East shall be subject to the regular

notification procedures of the Committees on Appropriations: Provided further, That with respect to funds appropriated under this

heading in this Act or prior Acts making appropriations for foreign

operations, export financing, and related programs, the responsibility for policy decisions and justifications for the use of such

funds, including whether there will be a program for a country

that uses those funds and the amount of each such program, shall

be the responsibility of the Secretary of State and the Deputy

Secretary of State and this responsibility shall not be delegated.

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter

4 of part II of the Foreign Assistance Act of 1961, $18,500,000,

which shall be available for the United States contribution to the

International Fund for Ireland and shall be made available in

accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount

shall be expended at the minimum rate necessary to make timely

payment for projects and activities: Provided further, That funds

made available under this heading shall remain available until

September 30, 2006.

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

(a) For necessary expenses to carry out the provisions of the

Foreign Assistance Act of 1961 and the Support for East European

Democracy (SEED) Act of 1989, $396,600,000, to remain available

until September 30, 2006, which shall be available, notwithstanding

any other provision of law, for assistance and for related programs

for Eastern Europe and the Baltic States: Provided, That of the

funds appropriated under this heading that are made available

for assistance for Bulgaria, $2,000,000 should be made available

to enhance safety at nuclear power plants.

(b) Funds appropriated under this heading shall be considered

to be economic assistance under the Foreign Assistance Act of

1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance.

(c) The provisions of section 529 of this Act shall apply to

funds appropriated under this heading: Provided, That notwithstanding any provision of this or any other Act, including provisions

in this subsection regarding the application of section 529 of this

Act, local currencies generated by, or converted from, funds appropriated by this Act and by previous appropriations Acts and made

available for the economic revitalization program in Bosnia may

be used in Eastern Europe and the Baltic States to carry out

the provisions of the Foreign Assistance Act of 1961 and the Support

for East European Democracy (SEED) Act of 1989.

(d) The President is authorized to withhold funds appropriated

under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies

Applicability.

118 STAT. 2978 PUBLIC LAW 108–447—DEC. 8, 2004

to the Committees on Appropriations that the Federation of Bosnia

and Herzegovina has not complied with article III of annex 1–

A of the General Framework Agreement for Peace in Bosnia and

Herzegovina concerning the withdrawal of foreign forces, and that

intelligence cooperation on training, investigations, and related

activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated.

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

(a) For necessary expenses to carry out the provisions of chapters 11 and 12 of part I of the Foreign Assistance Act of 1961

and the FREEDOM Support Act, for assistance for the Independent

States of the former Soviet Union and for related programs,

$560,000,000, to remain available until September 30, 2006: Provided, That the provisions of such chapters shall apply to funds

appropriated by this paragraph: Provided further, That funds made

available for the Southern Caucasus region may be used, notwithstanding any other provision of law, for confidence-building measures and other activities in furtherance of the peaceful resolution

of the regional conflicts, especially those in the vicinity of Abkhazia

and Nagorno-Karabagh: Provided further, That of the funds appro- priated under this heading, $3,859,000 should be available only

to meet the health and other assistance needs of victims of trafficking in persons: Provided further, That of the funds appropriated under this heading, $17,500,000 shall be made available solely

for assistance for the Russian Far East: Provided further, That,

notwithstanding any other provision of law, funds appropriated

under this heading in this Act or prior Acts making appropriations

for foreign operations, export financing, and related programs, that

are made available pursuant to the provisions of section 807 of

Public Law 102–511 shall be subject to a 6 percent ceiling on

administrative expenses.

(b) Of the funds appropriated under this heading that are made available for assistance for Ukraine, not less than $5,000,000

should be made available for nuclear reactor safety initiatives,

and not less than $1,500,000 shall be made available for coal

mine safety programs.

(c) Of the funds appropriated under this heading, not less than $55,000,000 should be made available, in addition to funds

otherwise available for such purposes, for assistance for child survival, environmental and reproductive health, and to combat HIV/

AIDS, tuberculosis and other infectious diseases, and for related

activities.

(d)(1) Of the funds appropriated under this heading that are

allocated for assistance for the Government of the Russian Federation, 60 percent shall be withheld from obligation until the President

determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation—

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or

equipment necessary to develop a nuclear reactor, related

nuclear research facilities or programs, or ballistic missile capability; and

(B) is providing full access to international non-government

organizations providing humanitarian relief to refugees and

internally displaced persons in Chechnya.

President.

Certification.

Applicability.

PUBLIC LAW 108–447—DEC. 8, 2004 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 InterAmerican Foundation in accordance with the provisions of section

401 of the Foreign Assistance Act of 1969, $18,000,000, to remain

available until September 30, 2006.

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International

Security and Development Cooperation Act of 1980, Public Law

96–533, $19,000,000, to remain available until September 30, 2006:

Provided, That funds made available to grantees may be invested

pending expenditure for project purposes when authorized by the

board of directors of the Foundation: Provided further, That interest

earned shall be used only for the purposes for which the grant

was made: Provided further, That notwithstanding section 505(a)(2)

of the African Development Foundation Act, in exceptional circumstances the board of directors of the Foundation may waive

the $250,000 limitation contained in that section with respect to

a project: Provided further, That the Foundation shall provide a

report to the Committees on Appropriations after each time such

waiver authority is exercised.

PEACE CORPS

For necessary expenses to carry out the provisions of the Peace

Corps Act (75 Stat. 612), $320,000,000, including the purchase

of not to exceed five passenger motor vehicles for administrative

purposes for use outside of the United States: Provided, That none

Reports.

118 STAT. 2980 PUBLIC LAW 108–447—DEC. 8, 2004

of the funds appropriated under this heading shall be used to

pay for abortions: Provided further, That funds appropriated under

this heading shall remain available until September 30, 2006.

MILLENNIUM CHALLENGE CORPORATION

For necessary expenses for the ‘‘Millennium Challenge Corporation’’, $1,500,000,000, to remain available until expended: Provided,

That of the funds appropriated under this heading, up to

$50,000,000 may be available for administrative expenses of the

Millennium Challenge Corporation: Provided further, That none

of the funds appropriated under this heading may be made available

for the provision of assistance until the Chief Executive Officer

of the Millennium Challenge Corporation provides a written budget

justification to the Committees on Appropriations: Provided further,

That up to 10 percent of the funds appropriated under this heading

may be made available to carry out the purposes of section 616

of the Millennium Challenge Act of 2003: Provided further, That

none of the funds available to carry out section 616 of such Act

may be made available until the Chief Executive Officer of the

Millennium Challenge Corporation provides a report to the Committees on Appropriations listing the candidate countries that will

be receiving assistance under section 616 of such Act, the level

of assistance proposed for each such country, a description of the

proposed programs, projects and activities, and the implementing

agency or agencies of the United States Government: Provided

further, That section 605(e)(4) of the Millennium Challenge Act

of 2003 shall apply to funds appropriated under this heading: Provided further, That funds appropriated under this heading, and

funds appropriated under this heading in division D of Public

Law 108–199, may be made available for a Millennium Challenge

Compact entered into pursuant to section 609 of the Millennium

Challenge Act of 2003 only if such Compact obligates, or contains

a commitment to obligate subject to the availability of funds and

the mutual agreement of the parties to the Compact to proceed,

the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided further, That

the previous proviso shall be effective on the date of enactment

of this Act.

DEPARTMENT OF STATE

GLOBAL HIV/AIDS INITIATIVE

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and

control of, and research on, HIV/AIDS, $1,385,000,000, to remain

available until expended: Provided, That of the funds appropriated

under this heading, not more than $8,818,000 may be made available for administrative expenses of the Office of the Coordinator

of United States Government Activities to Combat HIV/AIDS Globally of the Department of State: Provided further, That of the

funds appropriated under this heading, not less than $27,000,000

should be made available for a United States contribution to

UNAIDS.

Effective date.

Applicability.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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, That the Secretary of State shall provide to the

Committees on Appropriations not later than 45 days after the

date of the enactment of this Act and prior to the initial obligation

of funds appropriated under this heading, a report on the proposed

uses of all funds under this heading on a country-by-country basis

for each proposed program, project, or activity: Provided further,

That of the funds appropriated under this heading, not less than

$11,900,000 should be made available for training programs and

activities of the International Law Enforcement Academies: Provided further, That of the funds appropriated under this heading, not less than $4,000,000 should be made available for assistance

for the Philippines for police training and other related activities:

Provided further, That $10,000,000 of the funds appropriated under

this heading shall be made available for demand reduction programs: Provided further, That $40,000,000 of the funds appropriated

under this heading should be made available for assistance for

Mexico: Provided further, That $10,500,000 of the funds appropriated under this heading should be made available for assistance

for countries and programs in Africa: Provided further, That of

the funds appropriated under this heading, $3,000,000 shall be

made available for assistance for the Government of Malta for

the purchase of helicopters to enhance its ability to control its

borders and deter terrorists: Provided further, That of the funds

appropriated under this heading, not more than $30,300,000 may

be available for administrative expenses.

ANDEAN COUNTERDRUG INITIATIVE

For necessary expenses to carry out section 481 of the Foreign

Assistance Act of 1961 to support counterdrug activities in the

Andean region of South America, $731,000,000, to remain available

until September 30, 2007: Provided, That in fiscal year 2005, funds

available to the Department of State for assistance to the Government of Colombia shall be available to support a unified campaign

against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed

Forces of Colombia (FARC), the National Liberation Army (ELN),

and the United Self-Defense Forces of Colombia (AUC), and to

take actions to protect human health and welfare in emergency

circumstances, including undertaking rescue operations: Provided

further, That this authority shall cease to be effective if the Secretary of State has credible evidence that the Colombian Armed

Forces are not conducting vigorous operations to restore government

authority and respect for human rights in areas under the effective

control of paramilitary and guerrilla organizations: Provided further, That the President shall ensure that if any helicopter procured

with funds under this heading is used to aid or abet the operations

President.

Deadline.

Reports.

118 STAT. 2982 PUBLIC LAW 108–447—DEC. 8, 2004

of any illegal self-defense group or illegal security cooperative, such

helicopter shall be immediately returned to the United States:

Provided further, That none of the funds appropriated by this

Act may be made available to support a Peruvian air interdiction

program until the Secretary of State and Director of Central Intelligence certify to the Congress, 30 days before any resumption

of United States involvement in a Peruvian air interdiction program,

that an air interdiction program that permits the ability of the

Peruvian Air Force to shoot down aircraft will include enhanced

safeguards and procedures to prevent the occurrence of any incident

similar to the April 20, 2001 incident: Provided further, That the

Secretary of State, in consultation with the Administrator of the

United States Agency for International Development, shall provide

to the Committees on Appropriations not later than 45 days after

the date of the enactment of this Act and prior to the initial

obligation of funds appropriated under this heading, a report on

the proposed uses of all funds under this heading on a countryby-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

Deadline.

Reports.

Certification.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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 funds appropriated under this heading may be made Reports.

Israel.

118 STAT. 2984 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2986 PUBLIC LAW 108–447—DEC. 8, 2004

and to devote adequate human and financial resources to that

end: Provided further, That on the basis of final appropriations,

the Secretary of the Treasury shall consult with the Committees

on Appropriations concerning which countries and international

financial institutions are expected to benefit from a United States

contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall inform

the Committees on Appropriations not less than 15 days in advance

of the signature of an agreement by the United States to make

payments to the HIPC Trust Fund of amounts for such countries

and institutions: Provided further, That the Secretary of the

Treasury may disburse funds designated for debt reduction through

the HIPC Trust Fund only for the benefit of countries that—

(1) have committed, for a period of 24 months, not to

accept new market-rate loans from the international financial

institution receiving debt repayment as a result of such

disbursement, other than loans made by such institutions to

export-oriented commercial projects that generate foreign

exchange which are generally referred to as ‘‘enclave’’ loans;

and

(2) have documented and demonstrated their commitment

to redirect their budgetary resources from international debt

repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those

previously available for such purposes:

Provided further, That any limitation of subsection (e) of section

411 of the Agricultural Trade Development and Assistance Act

of 1954 shall not apply to funds appropriated under this heading:

Provided further, That none of the funds made available under

this heading in this or any other appropriations Act shall be made

available for Sudan or Burma unless the Secretary of the Treasury

determines and notifies the Committees on Appropriations that

a democratically elected government has taken office: Provided

further, That none of the funds appropriated under this heading

may be paid to the HIPC Trust Fund for the benefit of any country

that has accepted loans from an international financial institution

between such country’s decision point and completion point: Provided further, That the terms ‘‘decision point’’ and ‘‘completion

point’’ shall have the same meaning as defined by the International

Monetary Fund.

TITLE III—MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section

541 of the Foreign Assistance Act of 1961, $89,730,000, of which

up to $3,000,000 may remain available until expended: Provided,

That the civilian personnel for whom military education and

training may be provided under this heading may include civilians

who are not members of a government whose participation would

contribute to improved civil-military relations, civilian control of

the military, or respect for human rights: Provided further, That

funds appropriated under this heading for military education and

training for Guatemala may only be available for expanded international military education and training, and funds made available

Notification.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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 appro- priated 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

Deadline.

118 STAT. 2988 PUBLIC LAW 108–447—DEC. 8, 2004

made available for assistance for Haiti except pursuant to the

regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this

heading may be used, notwithstanding any other provision of law,

for demining, the clearance of unexploded ordnance, and related

activities, and may include activities implemented through nongovernmental and international organizations: Provided further,

That only those countries for which assistance was justified for

the ‘‘Foreign Military Sales Financing Program’’ in the fiscal year

1989 congressional presentation for security assistance programs

may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction

services that are not sold by the United States Government under

the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum

rate necessary to make timely payment for defense articles and

services: Provided further, That not more than $40,000,000 of the

funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles

for replacement only for use outside of the United States, for the

general costs of administering military assistance and sales: Provided further, That not more than $367,000,000 of funds realized

pursuant to section 21(e)(1)(A) of the Arms Export Control Act

may be obligated for expenses incurred by the Department of

Defense during fiscal year 2005 pursuant to section 43(b) of the

Arms Export Control Act, except that this limitation may be

exceeded only through the regular notification procedures of the

Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt

during fiscal year 2005 shall be transferred to an interest bearing

account for Egypt in the Federal Reserve Bank of New York within

30 days of enactment of this Act.

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section

551 of the Foreign Assistance Act of 1961, $104,000,000: Provided,

That none of the funds appropriated under this heading shall be

obligated or expended except as provided through the regular

notification procedures of the Committees on Appropriations.

TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For the United States contribution for the Global Environment

Facility, $107,500,000 to the International Bank for Reconstruction

and Development as trustee for the Global Environment Facility,

by the Secretary of the Treasury, to remain available until

expended.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 2990 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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) 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

Certification.

Reports.

118 STAT. 2992 PUBLIC LAW 108–447—DEC. 8, 2004

to the Committees on Appropriations that such taxes have not

been reimbursed to the Government of the United States.

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis

nature shall not be subject to the provisions of subsection (b).

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall

be reprogrammed for assistance to countries which do not assess

taxes on United States assistance or which have an effective

arrangement that is providing substantial reimbursement of such

taxes.

(e) DETERMINATIONS.—

(1) The provisions of this section shall not apply to any

country or entity the Secretary of State determines—

(A) does not assess taxes on United States assistance

or which has an effective arrangement that is providing

substantial reimbursement of such taxes; or

(B) the foreign policy interests of the United States

outweigh the policy of this section to ensure that United

States assistance is not subject to taxation.

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising

the authority of this subsection with regard to any country

or entity.

(f) IMPLEMENTATION.—The Secretary of State shall issue rules,

regulations, or policy guidance, as appropriate, to implement the

prohibition against the taxation of assistance contained in this

section.

(g) DEFINITIONS.—As used in this section—

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added

taxes and customs duties imposed on commodities financed

with United States assistance for programs for which funds

are appropriated by this Act; and

(2) the term ‘‘bilateral agreement’’ refers to a framework

bilateral agreement between the Government of the United

States and the government of the country receiving assistance

that describes the privileges and immunities applicable to

United States foreign assistance for such country generally,

or an individual agreement between the Government of the

United States and such government that describes, among other

things, the treatment for tax purposes that will be accorded

the United States assistance provided under that agreement.

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 507. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance directly any assistance or reparations to Cuba, Libya, North

Korea, Iran, or Syria: Provided, That for purposes of this section,

the prohibition on obligations or expenditures shall include direct

loans, credits, insurance and guarantees of the Export-Import Bank

or its agents.

MILITARY COUPS

SEC. 508. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance directly any assistance to the government of any country

whose duly elected head of government is deposed by decree or

Rules.

Regulations.

Taxes.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 2993

military coup: Provided, That assistance may be resumed to such

government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office: Provided

further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in

democratic processes: Provided further, That funds made available

pursuant to the previous provisos shall be subject to the regular

notification procedures of the Committees on Appropriations.

TRANSFERS

SEC. 509. (a)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES.—None of the funds made available by this Act may be transferred to any department, agency, or instrumentality of the United

States Government, except pursuant to a transfer made by, or

transfer authority provided in, this Act or any other appropriation

Act.

(2) Notwithstanding paragraph (1), in addition to transfers

made by, or authorized elsewhere in, this Act, funds appropriated

by this Act to carry out the purposes of the Foreign Assistance

Act of 1961 may be allocated or transferred to agencies of the

United States Government pursuant to the provisions of sections

109, 610, and 632 of the Foreign Assistance Act of 1961.

(b) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made

available by this Act may be obligated under an appropriation

account to which they were not appropriated, except for transfers

specifically provided for in this Act, unless the President, not less

than 5 days prior to the exercise of any authority contained in

the Foreign Assistance Act of 1961 to transfer funds, consults

with and provides a written policy justification to the Committees

on Appropriations of the House of Representatives and the Senate.

(c) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for

the transfer or allocation of funds appropriated by this Act, or

prior Acts, entered into between the United States Agency for

International Development and another agency of the United States

Government under the authority of section 632(a) of the Foreign

Assistance Act of 1961 or any comparable provision of law, shall

expressly provide that the Office of the Inspector General for the

agency receiving the transfer or allocation of such funds shall

perform periodic program and financial audits of the use of such

funds: Provided, That funds transferred under such authority may

be made available for the cost of such audits.

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 510. Notwithstanding any other provision of law, and

subject to the regular notification procedures of the Committees

on Appropriations, the authority of section 23(a) of the Arms Export

Control Act may be used to provide financing to Israel, Egypt

and NATO and major non-NATO allies for the procurement by

leasing (including leasing with an option to purchase) of defense

articles from United States commercial suppliers, not including

Major Defense Equipment (other than helicopters and other types

of aircraft having possible civilian application), if the President

determines that there are compelling foreign policy or national

security reasons for those defense articles being provided by

President.

Deadline.

President.

Certification.

118 STAT. 2994 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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. 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

22 USC 262h

note.

118 STAT. 2996 PUBLIC LAW 108–447—DEC. 8, 2004

Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be

aircraft, ships, missiles, or combat vehicles, not previously justified

to Congress or 20 percent in excess of the quantities justified

to Congress unless the Committees on Appropriations are notified

15 days in advance of such commitment: Provided further, That

this section shall not apply to any reprogramming for an activity,

program, or project for which funds are appropriated under title

II of this Act of less than 10 percent of the amount previously

justified to the Congress for obligation for such activity, program,

or project for the current fiscal year: Provided further, That the

requirements of this section or any similar provision of this Act

or any other Act, including any prior Act requiring notification

in accordance with the regular notification procedures of the

Committees on Appropriations, may be waived if failure to do

so would pose a substantial risk to human health or welfare: Provided further, That in case of any such waiver, notification to

the Congress, or the appropriate congressional committees, shall

be provided as early as practicable, but in no event later than

3 days after taking the action to which such notification requirement

was applicable, in the context of the circumstances necessitating

such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency

circumstances.

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 516. Subject to the regular notification procedures of the

Committees on Appropriations, funds appropriated under this Act

or any previously enacted Act making appropriations for foreign

operations, export financing, and related programs, which are

returned or not made available for organizations and programs

because of the implementation of section 307(a) of the Foreign

Assistance Act of 1961, shall remain available for obligation until

September 30, 2006.

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 517. (a) None of the funds appropriated under the heading

‘‘Assistance for the Independent States of the Former Soviet Union’’

shall be made available for assistance for a government of an

Independent State of the former Soviet Union if that government

directs any action in violation of the territorial integrity or national

sovereignty of any other Independent State of the former Soviet

Union, such as those violations included in the Helsinki Final

Act: Provided, That such funds may be made available without

regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the

United States.

(b) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall

be made available for any state to enhance its military capability:

Provided, That this restriction does not apply to demilitarization,

demining or nonproliferation programs.

(c) Funds appropriated under the heading ‘‘Assistance for the

Independent States of the Former Soviet Union’’ for the Russian

Federation, Armenia, Georgia, and Ukraine shall be subject to

22 USC 5814

note.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 2998 PUBLIC LAW 108–447—DEC. 8, 2004

SPECIAL NOTIFICATION REQUIREMENTS

SEC. 520. None of the funds appropriated by this Act shall

be obligated or expended for Liberia, Serbia, Sudan, Zimbabwe,

Pakistan, or Cambodia except as provided through the regular

notification procedures of the Committees on Appropriations.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 521. For the purpose of this Act ‘‘program, project, and

activity’’ shall be defined at the appropriations Act account level

and shall include all appropriations and authorizations Acts earmarks, ceilings, and limitations with the exception that for the

following accounts: Economic Support Fund and Foreign Military

Financing Program ‘‘program, project, and activity’’ shall also be

considered to include country, regional, and central program level

funding within each such account; for the development assistance

accounts of the United States Agency for International Development

‘‘program, project, and activity’’ shall also be considered to include

central, country, regional, and program level funding, either as:

(1) justified to the Congress; or (2) allocated by the executive branch

in accordance with a report, to be provided to the Committees

on Appropriations within 30 days of the enactment of this Act,

as required by section 653(a) of the Foreign Assistance Act of

1961.

CHILD SURVIVAL AND HEALTH ACTIVITIES

SEC. 522. Up to $13,500,000 of the funds made available by

this Act for assistance under the heading ‘‘Child Survival and

Health Programs Fund’’, may be used to reimburse United States

Government agencies, agencies of State governments, institutions

of higher learning, and private and voluntary organizations for

the full cost of individuals (including for the personal services

of such individuals) detailed or assigned to, or contracted by, as

the case may be, the United States Agency for International

Development for the purpose of carrying out activities under that

heading: Provided, That up to $3,500,000 of the funds made available by this Act for assistance under the heading ‘‘Development

Assistance’’ may be used to reimburse such agencies, institutions,

and organizations for such costs of such individuals carrying out

other development assistance activities: Provided further, That

funds appropriated by titles II and III of this Act that are made

available for bilateral assistance for child survival activities or

disease programs including activities relating to research on, and

the prevention, treatment and control of, HIV/AIDS may be made

available notwithstanding any other provision of law except for

the provisions under the heading ‘‘Child Survival and Health Programs Fund’’ and the United States Leadership Against HIV/AIDS,

Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.

7601 et seq.), as amended: Provided further, That of the funds

appropriated under title II of this Act, not less than $441,000,000

shall be made available for family planning/reproductive health.

AFGHANISTAN

SEC. 523. Of the funds appropriated by titles II and III of

this Act, not less than $980,000,000 should be made available

for humanitarian, reconstruction, and related assistance for

HIV/AIDS.

Reports.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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 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;

Human rights.

118 STAT. 3000 PUBLIC LAW 108–447—DEC. 8, 2004

(B) is strengthening domestic civil society participation,

especially for people living with HIV/AIDS, in country coordinating mechanisms;

(C) is establishing procedures to assess the need for, and

coordinate, technical assistance for Global Fund activities, in

cooperation with bilateral and multilateral donors;

(D) has established clear progress indicators upon which

to determine the release of incremental disbursements;

(E) is releasing such incremental disbursements only if

positive results have been attained based on those indicators;

and

(F) is providing support and oversight to country-level entities, such as country coordinating mechanisms, principal recipients, and local Fund agents, to enable them to fulfill their

mandates.

(2) The Secretary of State may waive paragraph (1) of this

subsection if he determines and reports to the Committees on

Appropriations that such waiver is important to the national

interest of the United States.

(b)(1) In furtherance of the purposes of section 104A of the

Foreign Assistance Act of 1961, and to assist in providing a safe,

secure, reliable, and sustainable supply chain of pharmaceuticals

and other products needed to provide care and treatment of persons

with HIV/AIDS and related infections, the Coordinator of the United

States Government Activities to Combat HIV/AIDS Globally (the

‘‘Coordinator’’) is authorized to establish an HIV/AIDS Working

Capital Fund (in this section referred to as the ‘‘HIV/AIDS Fund’’).

(2) Funds deposited during any fiscal year in the HIV/AIDS

Fund shall be available without fiscal year limitation and used

for pharmaceuticals and other products needed to provide care

and treatment of persons with HIV/AIDS and related infections,

including, but not limited to—

(A) anti-retroviral drugs;

(B) other pharmaceuticals and medical items needed to

provide care and treatment to persons with HIV/AIDS and

related infections;

(C) laboratory and other supplies for performing tests

related to the provision of care and treatment to persons with

HIV/AIDS and related infections;

(D) other medical supplies needed for the operation of

HIV/AIDS treatment and care centers, including products

needed in programs for the prevention of mother-to-child transmission;

(E) pharmaceuticals and health commodities needed for

the provision of palliative care; and

(F) laboratory and clinical equipment, as well as equipment

needed for the transportation and care of HIV/AIDS supplies,

and other equipment needed to provide prevention, care and

treatment of HIV/AIDS described above.

(3) There may be deposited during any fiscal year in the HIV/

AIDS Fund payments for HIV/AIDS pharmaceuticals and products

provided from the HIV/AIDS Fund received from applicable appropriations and funds of the United States Agency for International

Development, the Department of Health and Human Services, the

Department of Defense, or other Federal agencies and other sources

at actual cost of the HIV/AIDS pharmaceuticals and other products,

actual cost plus the additional costs of providing such HIV/AIDS

22 USC 7612a.

PUBLIC LAW 108–447—DEC. 8, 2004 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) 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

Reports.

118 STAT. 3002 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘Economic Support Fund’’ not less than $4,500,000 shall be made

available for programs and activities of the National Endowment

for Democracy to foster democracy, human rights, civic education,

women’s development, press freedom, and the rule of law in countries in sub-Saharan Africa.

(c) Of the funds made available under subsection (a), not less

than $15,000,000 shall be made available for the Human Rights

and Democracy Fund of the Bureau of Democracy, Human Rights

and Labor, Department of State, to support the activities described

in subsection (a), and of the funds made available under subsection

(b)(1), not less than $11,000,000 shall be made available for such

Fund to support the activities described in subsection (b)(1): Provided, That up to $1,200,000 may be used for the Reagan/Fascell

Democracy Fellows program: Provided further, That the total

amount of funds made available by this Act under ‘‘Economic Support Fund’’ for activities of the Bureau of Democracy, Human Rights

and Labor, Department of State, including funds available in this

section, shall be not less than $37,000,000.

(d) Of the funds made available under subsection (a), not less

than $4,000,000 shall be made available for the National Endowment for Democracy to support the activities described in subsection

(a), and of the funds made available under subsection (b)(1), not

less than $4,000,000 shall be made available for the National

Endowment for Democracy to support the activities described in

subsection (b)(1): Provided, That the Secretary of State shall provide

a report to the Committees on Appropriations within 120 days

of the date of enactment of this Act on the status of the allocation

and obligation of such funds.

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 527. (a) Funds appropriated for bilateral assistance under

any heading of this Act and funds appropriated under any such

heading in a provision of law enacted prior to the enactment of

this Act, shall not be made available to any country which the

President determines—

(1) grants sanctuary from prosecution to any individual

or group which has committed an act of international terrorism;

or

(2) otherwise supports international terrorism.

(b) The President may waive the application of subsection (a)

to a country if the President determines that national security

or humanitarian reasons justify such waiver. The President shall

publish each waiver in the Federal Register and, at least 15 days

before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver)

in accordance with the regular notification procedures of the

Committees on Appropriations.

DEBT-FOR-DEVELOPMENT

SEC. 528. In order to enhance the continued participation of

nongovernmental organizations in debt-for-development and debtfor-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

President.

Federal Register,

publication.

Deadline.

Reports.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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) 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.

22 USC 2362

note.

118 STAT. 3004 PUBLIC LAW 108–447—DEC. 8, 2004

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assistance is made available to the government of a foreign country,

under chapter 1 or 10 of part I or chapter 4 of part II of the

Foreign Assistance Act of 1961, as cash transfer assistance or

as nonproject sector assistance, that country shall be required to

maintain such funds in a separate account and not commingle

them with any other funds.

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds

may be obligated and expended notwithstanding provisions of law

which are inconsistent with the nature of this assistance including

provisions which are referenced in the Joint Explanatory Statement

of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159).

(3) NOTIFICATION.—At least 15 days prior to obligating any

such cash transfer or nonproject sector assistance, the President

shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include

a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests

that will be served by the assistance (including, as appropriate,

a description of the economic policy reforms that will be promoted

by such assistance).

(4) EXEMPTION.—Nonproject sector assistance funds may be

exempt from the requirements of subsection (b)(1) only through

the notification procedures of the Committees on Appropriations.

ENTERPRISE FUND RESTRICTIONS

SEC. 530. (a) Prior to the distribution of any assets resulting

from any liquidation, dissolution, or winding up of an Enterprise

Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification

procedures of the Committees on Appropriations, a plan for the

distribution of the assets of the Enterprise Fund.

(b) Funds made available by this Act for Enterprise Funds

shall be expended at the minimum rate necessary to make timely

payment for projects and activities.

BURMA

SEC. 531. (a) The Secretary of the Treasury shall instruct

the United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by such institution

of any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma.

(b) Of the funds appropriated under the heading ‘‘Economic

Support Fund’’, not less than $8,000,000 shall be made available

to support democracy activities in Burma, along the Burma-Thailand border, for activities of Burmese student groups and other

organizations located outside Burma, and for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma’s borders: Provided, That funds made available

under this heading may be made available notwithstanding any

other provision of law: Provided further, That in addition to assistance for Burmese refugees provided under the heading ‘‘Migration

and Refugee Assistance’’ in this Act, not less than $4,000,000 shall

50 USC 1701

note.

President.

PUBLIC LAW 108–447—DEC. 8, 2004 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) The President shall include amounts expended by the Global

Fund to Fight AIDS, Tuberculosis and Malaria to the State Peace

and Development Council in Burma, directly or through groups

and organizations affiliated with the Global Fund, in making determinations regarding the amount to be withheld by the United

States from its contribution to the Global Fund pursuant to section

202(d)(4)(A)(ii) of Public Law 108–25.

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 532. Unless expressly provided to the contrary, provisions

of this or any other Act, including provisions contained in prior

Acts authorizing or making appropriations for foreign operations,

export financing, and related programs, shall not be construed

to prohibit activities authorized by or conducted under the Peace

Corps Act, the Inter-American Foundation Act or the African

Development Foundation Act. The agency shall promptly report

to the Committees on Appropriations whenever it is conducting

activities or is proposing to conduct activities in a country for

which assistance is prohibited.

IMPACT ON JOBS IN THE UNITED STATES

SEC. 533. None of the funds appropriated by this Act may

be obligated or expended to provide—

(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing

such an enterprise to relocate outside the United States if

such incentive or inducement is likely to reduce the number

of employees of such business enterprise in the United States

because United States production is being replaced by such

enterprise outside the United States; or

(2) assistance for any program, project, or activity that

contributes to the violation of internationally recognized

workers rights, as defined in section 507(4) of the Trade Act

of 1974, of workers in the recipient country, including any

designated zone or area in that country: Provided, That the

application of section 507(4)(D) and (E) of such Act should

be commensurate with the level of development of the recipient

country and sector, and shall not preclude assistance for the

informal sector in such country, micro and small-scale enterprise, and smallholder agriculture.

SPECIAL AUTHORITIES

SEC. 534. (a) AFGHANISTAN, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE.—

Funds appropriated by this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 512 of this Act or any similar provision of law and section

660 of the Foreign Assistance Act of 1961, and funds appropriated

in titles I and II of this Act that are made available for Lebanon,

Reports.

President.

118 STAT. 3006 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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) TECHNICAL AMENDMENT.—Section 201(a)(2) of the North

Korean Human Rights Act of 2004 (Public Law 108–333) is amended

by striking ‘‘paragraphs (1) through (4) of section 202(b)’’ and

inserting ‘‘subparagraphs (A) through (D) of section 202(b)(1)’’.

(k) REPORT MODIFICATION.—Section 406(b)(4) of the Foreign

Relations Authorization Act, Fiscal Years 1990 and 1991 (Public

Law 101–246; 22 U.S.C. 2414a(b)(4)) is amended by inserting after

‘‘United States’’ the following: ‘‘, including a separate listing of

all plenary votes cast by member countries of the United Nations

in the General Assembly on resolutions specifically related to Israel

that are opposed by the United States’’.

(l) UNIVERSITY PROGRAMS.—Notwithstanding any other provision of law, funds made available in this Act under the heading

‘‘Development Assistance’’ may be made available to American educational institutions for programs and activities in the People’s

Republic of China relating to the environment, democracy, and

the rule of law: Provided, That funds made available pursuant

to this authority shall be subject to the regular notification procedures of the Committees on Appropriations.

(m) INDOCHINESE PAROLEES.—Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations

Act, 2001 (8 U.S.C. 1255 note), as enacted into law by section

101(a) of Public Law 106–429, is amended—

(1) by striking ‘‘Attorney General’’ each place that term

appears and inserting ‘‘Secretary of Homeland Security’’;

(2) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking

‘‘she’’ and inserting ‘‘the Secretary of Homeland Security’’;

and

(B) in paragraph (1), by striking ‘‘within three years

after the date of promulgation by the Attorney General

of regulations in connection with this title’’;

(3) in subsection (c), by striking ‘‘212(8)(A)’’ and inserting

‘‘212(a)(8)(A)’’;

(4) by striking subsection (d);

(5) by redesignating subsections (e) and (f) as subsections

(d) and (e), respectively;

(6) by adding at the end the following new subsection:

‘‘(f) ADJUDICATION OF APPLICATIONS.—The Secretary of Homeland Security shall—

‘‘(1) adjudicate applications for adjustment under this section, notwithstanding any limitation on the number of adjustments under this section or any deadline for such applications

that previously existed in law or regulation; and

‘‘(2) not charge a fee in addition to any fee that previously

was submitted with such application.’’; and

(7) The amendments made by this subsection shall take

effect as if enacted as part of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 2001.

Effective date.

8 USC 1255 note.

Regulations.

22 USC 7831.

118 STAT. 3008 PUBLIC LAW 108–447—DEC. 8, 2004

(n) EXTENSION OF AUTHORITY.—Public Law 107–57, as

amended, is further amended—

(1) in section 1(b) by striking ‘‘2004’’ wherever appearing

(including in the caption), and inserting ‘‘2005’’;

(2) in section 3(2), by striking ‘‘and 2004’’ and inserting

‘‘2004 and 2005’’; and

(3) in section 6, by striking ‘‘2004’’ and inserting ‘‘2005’’.

(o) ENDOWMENTS.—

(1) Of the funds appropriated by this Act and prior Acts

making appropriations for foreign operations, export financing,

and related programs, that are available for assistance for

Cambodia, the following amounts should be made available

as follows:

(A) $2,000,000 for an endowment for a Cambodian

nongovernmental organization to document genocide and

crimes against humanity in Cambodia; and

(B) $3,750,000 for an endowment for an American nongovernmental organization to sustain rehabilitation programs in Cambodia for persons suffering from physical

disabilities.

(2) Such organizations may place amounts made available

under this subsection in interest bearing accounts and any

interest earned on such investment shall be used for the purpose for which funds were made available under this subsection.

(p) EXTENSION OF AUTHORITY.—Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law

108–11), is amended under the heading ‘‘Loan Guarantees to

Israel’’—

(1) by striking ‘‘During the period beginning March 1, 2003,

and ending September 30, 2005,’’ and inserting ‘‘During the

period beginning March 1, 2003, and ending September 30,

2007,’’; and

(2) by striking ‘‘That if less than the full amount of guarantees authorized to be made available is issued prior to September 30, 2005,’’ and inserting ‘‘That if less than the full

amount of guarantees authorized to be made available is issued

prior to September 30, 2007,’’.

(q) DEFINITION.—Section 603 of title VI of division D of the

Consolidated Appropriations Act, 2004, Public Law 108–199, is

amended by adding the following paragraph:

‘‘(8) INVESTMENTS IN THE PEOPLE.—The term ‘‘investments

in the people’’ means government policies or programs of an

eligible country that promote the health, education, and other

factors which contribute to the well-being and productivity of

their people, such as decent, affordable housing for all.’’.

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 535. It is the sense of the Congress that—

(1) the Arab League boycott of Israel, and the secondary

boycott of American firms that have commercial ties with Israel,

is an impediment to peace in the region and to United States

investment and trade in the Middle East and North Africa;

(2) the Arab League boycott, which was regrettably

reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;

22 USC 7702.

115 Stat. 405.

115 Stat. 404.

115 Stat. 403.

PUBLIC LAW 108–447—DEC. 8, 2004 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) the President should report to Congress annually on

specific steps being taken by the United States to encourage

Arab League states to normalize their relations with Israel

to bring about the termination of the Arab League boycott

of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses

from complying with the boycott and penalizing businesses

that do comply.

ELIGIBILITY FOR ASSISTANCE

SEC. 536. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

ORGANIZATIONS.—Restrictions contained in this or any other Act

with respect to assistance for a country shall not be construed

to restrict assistance in support of programs of nongovernmental

organizations from funds appropriated by this Act to carry out

the provisions of chapters 1, 10, 11, and 12 of part I and chapter

4 of part II of the Foreign Assistance Act of 1961, and from funds

appropriated under the heading ‘‘Assistance for Eastern Europe

and the Baltic States’’: Provided, That before using the authority

of this subsection to furnish assistance in support of programs

of nongovernmental organizations, the President shall notify the

Committees on Appropriations under the regular notification procedures of those committees, including a description of the program

to be assisted, the assistance to be provided, and the reasons

for furnishing such assistance: Provided further, That nothing in

this subsection shall be construed to alter any existing statutory

prohibitions against abortion or involuntary sterilizations contained

in this or any other Act.

(b) PUBLIC LAW 480.—During fiscal year 2005, restrictions contained in this or any other Act with respect to assistance for

a country shall not be construed to restrict assistance under the

Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I

of such Act and made available pursuant to this subsection may

be obligated or expended except as provided through the regular

notification procedures of the Committees on Appropriations.

(c) EXCEPTION.—This section shall not apply—

(1) with respect to section 620A of the Foreign Assistance

Act of 1961 or any comparable provision of law prohibiting

assistance to countries that support international terrorism;

or

(2) with respect to section 116 of the Foreign Assistance

Act of 1961 or any comparable provision of law prohibiting

President.

Notification.

President.

Reports.

118 STAT. 3010 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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. The prohibition under this section with respect

to a foreign government shall terminate 12 months after that

government ceases to provide such military equipment. This section

applies with respect to lethal military equipment provided under

a contract entered into after October 1, 1997.

(b) Assistance restricted by subsection (a) or any other similar

provision of law, may be furnished if the President determines

that furnishing such assistance is important to the national

interests of the United States.

(c) Whenever the waiver authority of subsection (b) is exercised,

the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance.

Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such

assistance, and an explanation of how the assistance furthers

United States national interests.

WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL

PROPERTY TAXES OWED BY FOREIGN COUNTRIES

SEC. 543. (a) Subject to subsection (c), of the funds appropriated

by this Act that are made available for assistance for a foreign

country, an amount equal to 110 percent of the total amount of

the unpaid fully adjudicated parking fines and penalties and unpaid

property taxes owed by the central government of such country

shall be withheld from obligation for assistance for the central

government of such country until the Secretary of State submits

a certification to the appropriate congressional committees stating

that such parking fines and penalties and unpaid property taxes

are fully paid.

(b) Funds withheld from obligation pursuant to subsection (a)

may be made available for other programs or activities funded

by this Act, after consultation with and subject to the regular

notification procedures of the appropriate congressional committees,

provided that no such funds shall be made available for assistance

for the central government of a foreign country that has not paid

the total amount of the fully adjudicated parking fines and penalties

and unpaid property taxes owed by such country.

(c) Subsection (a) shall not include amounts that have been

withheld under any other provision of law.

Certification.

President.

Reports.

Applicability.

Termination

date.

118 STAT. 3012 PUBLIC LAW 108–447—DEC. 8, 2004

(d)(1) The Secretary of State may waive the requirements set

forth in subsection (a) with respect to parking fines and penalties

no sooner than 60 days from the date of enactment of this Act,

or at any time with respect to a particular country, if the Secretary

determines that it is in the national interests of the United States

to do so.

(2) The Secretary of State may waive the requirements set

forth in subsection (a) with respect to the unpaid property taxes

if the Secretary of State determines that it is in the national

interests of the United States to do so.

(e) Not later than 6 months after the initial exercise of the

waiver authority in subsection (d), the Secretary of State, after

consultations with the City of New York, shall submit a report

to the Committees on Appropriations describing a strategy,

including a timetable and steps currently being taken, to collect

the parking fines and penalties and unpaid property taxes and

interest owed by nations receiving foreign assistance under this

Act.

(f) In this section:

(1) The term ‘‘appropriate congressional committees’’ means

the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives.

(2) The term ‘‘fully adjudicated’’ includes circumstances

in which the person to whom the vehicle is registered—

(A)(i) has not responded to the parking violation summons; or

(ii) has not followed the appropriate adjudication procedure to challenge the summons; and

(B) the period of time for payment of or challenge

to the summons has lapsed.

(3) The term ‘‘parking fines and penalties’’ means parking

fines and penalties—

(A) owed to—

(i) the District of Columbia; or

(ii) New York, New York; and

(B) incurred during the period April 1, 1997, through

September 30, 2004.

(4) The term ‘‘unpaid property taxes’’ means the amount

of unpaid taxes and interest determined to be owed by a foreign

country on real property in the District of Columbia or New

York, New York in a court order or judgment entered against

such country by a court of the United States or any State

or subdivision thereof.

LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND

GAZA

SEC. 544. None of the funds appropriated by this Act may

be obligated for assistance for the Palestine Liberation Organization

for the West Bank and Gaza unless the President has exercised

the authority under section 604(a) of the Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104–107) or any other

legislation to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect:

Provided, That if the President fails to make the certification under

section 604(b)(2) of the Middle East Peace Facilitation Act of 1995

Deadline.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 3014 PUBLIC LAW 108–447—DEC. 8, 2004

PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 548. None of the funds appropriated or otherwise made

available by this Act under the heading ‘‘International Military

Education and Training’’ or ‘‘Foreign Military Financing Program’’

for Informational Program activities or under the headings ‘‘Child

Survival and Health Programs Fund’’, ‘‘Development Assistance’’,

and ‘‘Economic Support Fund’’ may be obligated or expended to

pay for—

(1) alcoholic beverages; or

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited

to entrance fees at sporting events, theatrical and musical

productions, and amusement parks.

HAITI

SEC. 549. (a) Of the funds appropriated by this Act, not less

than the following amounts shall be made available for assistance

for Haiti—

(1) $20,000,000 from ‘‘Child Survival and Health Programs

Fund’’;

(2) $25,000,000 from ‘‘Development Assistance’’, of which

funds should be made available for poverty reduction, agriculture, environment, and basic education programs; and

(3) $40,000,000 from ‘‘Economic Support Fund’’, of which

funds should be made available for judicial reform programs,

police training, and activities in support of national elections.

(b) The Government of Haiti shall be eligible to purchase

defense articles and services under the Arms Export Control Act

(22 U.S.C. 2751 et seq.), for the Coast Guard.

LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

SEC. 550. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of

part II of the Foreign Assistance Act of 1961 may be obligated

or expended with respect to providing funds to the Palestinian

Authority.

(b) WAIVER.—The prohibition included in subsection (a) shall

not apply if the President certifies in writing to the Speaker of

the House of Representatives and the President pro tempore of

the Senate that waiving such prohibition is important to the

national security interests of the United States.

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant

to subsection (b) shall be effective for no more than a period of

6 months at a time and shall not apply beyond 12 months after

the enactment of this Act.

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to

the Committees on Appropriations detailing the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons

and dismantle the terrorist infrastructure. The report shall also

include a description of how funds will be spent and the accounting

procedures in place to ensure that they are properly disbursed.

President.

Termination

date.

President.

Certification.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3015

LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 551. None of the funds made available by this Act may

be provided to any unit of the security forces of a foreign country

if the Secretary of State has credible evidence that such unit has

committed gross violations of human rights, unless the Secretary

determines and reports to the Committees on Appropriations that

the government of such country is taking effective measures to

bring the responsible members of the security forces unit to justice:

Provided, That nothing in this section shall be construed to withhold

funds made available by this Act from any unit of the security

forces of a foreign country not credibly alleged to be involved in

gross violations of human rights: Provided further, That in the

event that funds are withheld from any unit pursuant to this

section, the Secretary of State shall promptly inform the foreign

government of the basis for such action and shall, to the maximum

extent practicable, assist the foreign government in taking effective

measures to bring the responsible members of the security forces

to justice.

FOREIGN MILITARY TRAINING REPORT

SEC. 552. The annual foreign military training report required

by section 656 of the Foreign Assistance Act of 1961 shall be

submitted by the Secretary of Defense and the Secretary of State

to the Committees on Appropriations of the House of Representatives and the Senate by the date specified in that section.

AUTHORIZATION REQUIREMENT

SEC. 553. Funds appropriated by this Act, except funds appropriated under the headings ‘‘Trade and Development Agency’’,

‘‘Millennium Challenge Corporation’’, ‘‘Overseas Private Investment

Corporation’’, and ‘‘Global HIV/AIDS Initiative’’, may be obligated

and expended notwithstanding section 10 of Public Law 91–672

and section 15 of the State Department Basic Authorities Act of

1956.

CAMBODIA

SEC. 554. (a) The Secretary of the Treasury should instruct

the United States executive directors of the international financial

institutions to use the voice and vote of the United States to

oppose loans to the Central Government of Cambodia, except loans

to meet basic human needs.

(b)(1) None of the funds appropriated by this Act may be

made available for assistance for the Central Government of Cambodia.

(2) Paragraph (1) shall not apply to assistance for basic education, reproductive and maternal and child health, cultural and

historic preservation, programs for the prevention, treatment, and

control of, and research on, HIV/AIDS, tuberculosis, malaria, polio

and other infectious diseases, development and implementation of

legislation and implementation of procedures on inter-country adoptions consistent with international standards, rule of law programs,

counternarcotics programs, programs to combat human trafficking

that are provided through nongovernmental organizations, and for

the Ministry of Women and Veterans Affairs to combat human

trafficking.

Human rights.

118 STAT. 3016 PUBLIC LAW 108–447—DEC. 8, 2004

(c) Notwithstanding subsection (b), of the funds appropriated

by this Act under the heading ‘‘Economic Support Fund’’, up to

$4,000,000 may be made available for activities to support democracy, including assistance for democratic political parties.

(d) Funds appropriated by this Act to carry out provisions

of section 541 of the Foreign Assistance Act of 1961 may be made

available notwithstanding subsection (b) only if at least 15 days

prior to the obligation of such funds, the Secretary of State provides

to the Committees on Appropriations a list of those individuals

who have been credibly alleged to have ordered or carried out

extra-judicial and political killings that occurred during the March

1997 grenade attack against the Khmer Nation Party.

(e) None of the funds appropriated or otherwise made available

by this Act may be used to provide assistance to any tribunal

established by the Government of Cambodia unless the Secretary

of State determines and reports to the Committees on Appropriations that: (1) Cambodia’s judiciary is competent, independent, free

from widespread corruption, and its decisions are free from interference by the executive branch; and (2) the proposed tribunal

is capable of delivering justice, that meets internationally recognized

standards, for crimes against humanity and genocide in an impartial and credible manner.

PALESTINIAN STATEHOOD

SEC. 555. (a) LIMITATION ON ASSISTANCE.—None of the funds

appropriated by this Act may be provided to support a Palestinian

state unless the Secretary of State determines and certifies to

the appropriate congressional committees that—

(1) a new leadership of a Palestinian governing entity

has been democratically elected through credible and competitive elections;

(2) the elected governing entity of a new Palestinian state—

(A) has demonstrated a firm commitment to peaceful

co-existence with the State of Israel;

(B) is taking appropriate measures to counter terrorism

and terrorist financing in the West Bank and Gaza,

including the dismantling of terrorist infrastructures;

(C) is establishing a new Palestinian security entity

that is cooperative with appropriate Israeli and other

appropriate security organizations; and

(3) the Palestinian Authority (or the governing body of

a new Palestinian state) is working with other countries in

the region to vigorously pursue efforts to establish a just,

lasting, and comprehensive peace in the Middle East that will

enable Israel and an independent Palestinian state to exist

within the context of full and normal relationships, which

should include—

(A) termination of all claims or states of belligerency;

(B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence

of every state in the area through measures including

the establishment of demilitarized zones;

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;

(D) freedom of navigation through international waterways in the area; and

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 3018 PUBLIC LAW 108–447—DEC. 8, 2004

paramilitary organizations, especially in regions where

these organizations have a significant presence.

(E) The Colombian Government is dismantling paramilitary leadership and financial networks by arresting

commanders and financial backers, especially in regions

where these networks have a significant presence.

(3) The balance of such funds may be obligated after July

31, 2005, if the Secretary of State certifies and reports to

the appropriate congressional committees, after such date, that

the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) and are conducting vigorous

operations to restore government authority and respect for

human rights in areas under the effective control of paramilitary and guerrilla organizations.

(b) CONGRESSIONAL NOTIFICATION.—Funds made available by

this Act for the Colombian Armed Forces shall be subject to the

regular notification procedures of the Committees on Appropriations.

(c) CONSULTATIVE PROCESS.—Not later than 60 days after the

date of enactment of this Act, and every 90 days thereafter until

September 30, 2006, the Secretary of State shall consult with internationally recognized human rights organizations regarding

progress in meeting the conditions contained in that subsection.

(d) DEFINITIONS.—In this section:

(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means

to provide any support to paramilitary groups, including taking

actions which allow, facilitate, or otherwise foster the activities

of such groups.

(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary

groups’’ means illegal self-defense groups and illegal security

cooperatives.

ILLEGAL ARMED GROUPS

SEC. 557. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN

ILLEGAL ARMED GROUPS.—Subject to subsection (b), the Secretary

of State shall not issue a visa to any alien who the Secretary

determines, based on credible evidence—

(1) has willfully provided any support to the Revolutionary

Armed Forces of Colombia (FARC), the National Liberation

Army (ELN), or the United Self-Defense Forces of Colombia

(AUC), including taking actions or failing to take actions which

allow, facilitate, or otherwise foster the activities of such groups;

or

(2) has committed, ordered, incited, assisted, or otherwise

participated in the commission of gross violations of human

rights, including extra-judicial killings, in Colombia.

(b) WAIVER.—Subsection (a) shall not apply if the Secretary

of State determines and certifies to the appropriate congressional

committees, on a case-by-case basis, that the issuance of a visa

to the alien is necessary to support the peace process in Colombia

or for urgent humanitarian reasons.

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 558. None of the funds appropriated or otherwise made

available by this Act may be used to provide equipment, technical

Certification.

Deadlines.

Termination

date.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3019

support, consulting services, or any other form of assistance to

the Palestinian Broadcasting Corporation.

WEST BANK AND GAZA PROGRAM

SEC. 559. (a) OVERSIGHT.—For fiscal year 2005, 30 days prior

to the initial obligation of funds for the bilateral West Bank and

Gaza Program, the Secretary of State shall certify to the appropriate

committees of Congress that procedures have been established to

assure the Comptroller General of the United States will have

access to appropriate United States financial information in order

to review the uses of United States assistance for the Program

funded under the heading ‘‘Economic Support Fund’’ for the West

Bank and Gaza.

(b) VETTING.—Prior to the obligation of funds appropriated

by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall

take all appropriate steps to ensure that such assistance is not

provided to or through any individual, private or government entity,

or educational institution that the Secretary knows or has reason

to believe advocates, plans, sponsors, engages in, or has engaged

in, terrorist activity. The Secretary of State shall, as appropriate,

establish procedures specifying the steps to be taken in carrying

out this subsection and shall terminate assistance to any individual,

entity, or educational institution which he has determined to be

involved in or advocating terrorist activity.

(c) PROHIBITION.—None of the funds appropriated by this Act

for assistance under the West Bank and Gaza program may be

made available for the purpose of recognizing or otherwise honoring

individuals who commit, or have committed, acts of terrorism.

(d) AUDITS.—

(1) The Administrator of the United States Agency for

International Development shall ensure that Federal or nonFederal 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

Procedures.

Deadline.

Certification.

118 STAT. 3020 PUBLIC LAW 108–447—DEC. 8, 2004

that are available for UNFPA, that are not made available for

UNFPA because of the operation of any provision of law, shall

be transferred to ‘‘Child Survival and Health Programs Fund’’ and

shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations.

(c) REPROGRAMMING OF FUNDS.—Of the funds appropriated in

Public Law 108–199 that were available for the UNFPA,

$12,500,000 shall be made available for anti-trafficking programs:

Provided, That of the funds appropriated in Public Law 108–199 that were available for the UNFPA, $12,500,000 shall be made

available for the family planning, maternal, and reproductive health

activities of the United States Agency for International Development

in Albania, Azerbaijan, the Democratic Republic of the Congo, Ethiopia, Georgia, Haiti, Kazakhstan, Kenya, Nigeria, Romania, Russia,

Rwanda, Tanzania, Uganda, and the Ukraine: Provided further, That such programs and activities shall be deemed to have been

justified to Congress.

(d) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the

funds made available under ‘‘International Organizations and Programs’’ may be made available for the UNFPA for a country program in the People’s Republic of China.

(e) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made

available under ‘‘International Organizations and Programs’’ for

fiscal year 2005 for the UNFPA may not be made available to

UNFPA unless—

(1) the UNFPA maintains amounts made available to the

UNFPA under this section in an account separate from other

accounts of the UNFPA;

(2) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and

(3) the UNFPA does not fund abortions.

WAR CRIMINALS

SEC. 561. (a)(1) None of the funds appropriated or otherwise

made available pursuant to this Act may be made available for

assistance, and the Secretary of the Treasury shall instruct the

United States executive directors to the international financial

institutions to vote against any new project involving the extension

by such institutions of any financial or technical assistance, to

any country, entity, or municipality whose competent authorities

have failed, as determined by the Secretary of State, to take necessary and significant steps to implement its international legal

obligations to apprehend and transfer to the International Criminal

Tribunal for the former Yugoslavia (the ‘‘Tribunal’’) all persons

in their territory who have been indicted by the Tribunal and

to otherwise cooperate with the Tribunal.

(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization.

(b) The provisions of subsection (a) shall apply unless the

Secretary of State determines and reports to the appropriate

congressional committees that the competent authorities of such

country, entity, or municipality are—

(1) cooperating with the Tribunal, including access for

investigators to archives and witnesses, the provision of documents, and the surrender and transfer of indictees or assistance

in their apprehension; and

Applicability.

Family planning.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3021

(2) are acting consistently with the Dayton Accords.

(c) Not less than 10 days before any vote in an international

financial institution regarding the extension of any new project

involving financial or technical assistance or grants to any country

or entity described in subsection (a), the Secretary of the Treasury,

in consultation with the Secretary of State, shall provide to the

Committees on Appropriations a written justification for the proposed assistance, including an explanation of the United States

position regarding any such vote, as well as a description of the

location of the proposed assistance by municipality, its purpose,

and its intended beneficiaries.

(d) In carrying out this section, the Secretary of State, the

Administrator of the United States Agency for International

Development, and the Secretary of the Treasury shall consult with

representatives of human rights organizations and all government

agencies with relevant information to help prevent indicted war

criminals from benefiting from any financial or technical assistance

or grants provided to any country or entity described in subsection

(a).

(e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or

municipality upon a written determination to the Committees on

Appropriations that such assistance directly supports the

implementation of the Dayton Accords.

(f) DEFINITIONS.—As used in this section:

(1) COUNTRY.—The term ‘‘country’’ means Bosnia and

Herzegovina, Croatia and Serbia.

(2) ENTITY.—The term ‘‘entity’’ refers to the Federation

of Bosnia and Herzegovina, Kosovo, Montenegro and the

Republika Srpska.

(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city,

town or other subdivision within a country or entity as defined

herein.

(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means

the General Framework Agreement for Peace in Bosnia and

Herzegovina, together with annexes relating thereto, done at

Dayton, November 10 through 16, 1995.

USER FEES

SEC. 562. The Secretary of the Treasury shall instruct the

United States Executive Director at each international financial

institution (as defined in section 1701(c)(2) of the International

Financial Institutions Act) and the International Monetary Fund

to oppose any loan, grant, strategy or policy of these institutions

that would require user fees or service charges on poor people

for primary education or primary healthcare, including prevention

and treatment efforts for HIV/AIDS, malaria, tuberculosis, and

infant, child, and maternal well-being, in connection with the

institutions’ financing programs.

FUNDING FOR SERBIA

SEC. 563. (a) Funds appropriated by this Act may be made

available for assistance for the central Government of Serbia after

May 31, 2005, if the President has made the determination and

certification contained in subsection (c).

Deadline.

Justification.

118 STAT. 3022 PUBLIC LAW 108–447—DEC. 8, 2004

(b) After May 31, 2005, the Secretary of the Treasury should

instruct the United States executive directors to the international

financial institutions to support loans and assistance to the Government of Serbia and Montenegro subject to the conditions in subsection (c): Provided, That section 576 of the Foreign Operations,

Export Financing, and Related Programs Appropriations Act, 1997,

as amended, shall not apply to the provision of loans and assistance

to the Government of Serbia and Montenegro through international

financial institutions.

(c) The determination and certification referred to in subsection

(a) is a determination by the President and a certification to the

Committees on Appropriations that the Government of Serbia and

Montenegro is—

(1) cooperating with the International Criminal Tribunal

for the former Yugoslavia including access for investigators,

the provision of documents, and the surrender and transfer

of indictees or assistance in their apprehension, including

making all practicable efforts to apprehend and transfer Ratko

Mladic;

(2) taking steps that are consistent with the Dayton Accords

to end Serbian financial, political, security and other support

which has served to maintain separate Republika Srpska

institutions; and

(3) taking steps to implement policies which reflect a

respect for minority rights and the rule of law.

(d) This section shall not apply to Montenegro, Kosovo, humanitarian assistance or assistance to promote democracy.

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 564. (a) AUTHORITY.—Funds made available by this Act

to carry out the provisions of chapter 1 of part I and chapter

4 of part II of the Foreign Assistance Act of 1961, may be used,

notwithstanding section 660 of that Act, to enhance the effectiveness

and accountability of civilian police authority through training and

technical assistance in human rights, the rule of law, strategic

planning, and through assistance to foster civilian police roles that

support democratic governance including assistance for programs

to prevent conflict, respond to disasters, address gender-based

violence, and foster improved police relations with the communities

they serve.

(b) NOTIFICATION.—Assistance provided under subsection (a)

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 565. (a) AUTHORITY TO REDUCE DEBT.—The President

may reduce amounts owed to the United States (or any agency

of the United States) by an eligible country as a result of—

(1) guarantees issued under sections 221 and 222 of the

Foreign Assistance Act of 1961;

(2) credits extended or guarantees issued under the Arms

Export Control Act; or

(3) any obligation or portion of such obligation, to pay

for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit

guarantee programs authorized pursuant to section 5(f) of the

22 USC 2151

note.

President.

Certification.

PUBLIC LAW 108–447—DEC. 8, 2004 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 CAN- CELLATION.—

(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

118 STAT. 3024 PUBLIC LAW 108–447—DEC. 8, 2004

(B) a debt buyback by an eligible country of its own

qualified debt, only if the eligible country uses an additional

amount of the local currency of the eligible country, equal

to not less than 40 percent of the price paid for such

debt by such eligible country, or the difference between

the price paid for such debt and the face value of such

debt, to support activities that link conservation and

sustainable use of natural resources with local community

development, and child survival and other child development, in a manner consistent with sections 707 through

710 of the Foreign Assistance Act of 1961, if the sale,

reduction, or cancellation would not contravene any term

or condition of any prior agreement relating to such loan.

(2) TERMS AND CONDITIONS.—Notwithstanding any other

provision of law, the President shall, in accordance with this

section, establish the terms and conditions under which loans

may be sold, reduced, or canceled pursuant to this section.

(3) ADMINISTRATION.—The Facility, as defined in section

702(8) of the Foreign Assistance Act of 1961, shall notify the

administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and

shall direct such agency to carry out the sale, reduction, or

cancellation of a loan pursuant to this section. Such agency

shall make adjustment in its accounts to reflect the sale, reduction, or cancellation.

(4) LIMITATION.—The authorities of this subsection shall

be available only to the extent that appropriations for the

cost of the modification, as defined in section 502 of the

Congressional Budget Act of 1974, are made in advance.

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant

to this section shall be deposited in the United States Government

account or accounts established for the repayment of such loan.

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging

in debt-for-equity swaps, debt-for-development swaps, or debt-fornature 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.

Notification.

President.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3025

RECONCILIATION PROGRAMS

SEC. 568. Of the funds appropriated under the heading ‘‘Eco- nomic 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 appro- priated by title II of this Act, not less than $311,000,000 should

be made available for assistance for Sudan.

(b) LIMITATION ON ASSISTANCE.—Subject to subsection (c):

(1) Notwithstanding section 501(a) of the International

Malaria Control Act of 2000 (Public Law 106–570) or any

other provision of law, none of the funds appropriated by this

Act may be made available for assistance for the Government

of Sudan.

(2) None of the funds appropriated by this Act may be

made available for the cost, as defined in section 502, of the

Congressional Budget Act of 1974, of modifying loans and loan

guarantees held by the Government of Sudan, including the

cost of selling, reducing, or canceling amounts owed to the

United States, and modifying concessional loans, guarantees,

and credit agreements.

(c) Subsection (b) shall not apply if the Secretary of State

determines and certifies to the Committees on Appropriations that—

(1) the Government of Sudan has taken significant steps

to disarm and disband government-supported militia groups

in the Darfur region;

(2) the Government of Sudan and all government-supported

militia groups are honoring their commitments made in the

cease-fire agreement of April 8, 2004; and

(3) the Government of Sudan is allowing unimpeded access

to Darfur to humanitarian aid organizations, the human rights

investigation and humanitarian teams of the United Nations,

including protection officers, and an international monitoring

team that is based in Darfur and that has the support of

the United States.

(d) EXCEPTIONS.—The provisions of subsection (b) shall not

apply to—

(1) humanitarian assistance; and

(2) assistance for Darfur and for areas outside the control

of the Government of Sudan.

(e) NOTIFICATION.—Not more than $45,000,000 of the funds

appropriated by this Act under the headings ‘‘International Disaster

and Famine Assistance’’ and ‘‘Transition Initiatives’’ may be made

available for assistance for Sudan outside of the Darfur region

unless written notice has been provided to the Committees on

Appropriations not less than 5 days prior to the obligation of such

funds.

(f) DEFINITIONS.—For the purposes of this Act and section 501

of Public Law 106–570, the terms ‘‘Government of Sudan’’, ‘‘areas

outside of control of the Government of Sudan’’, and ‘‘area in Sudan

outside of control of the Government of Sudan’’ shall have the

same meaning and application as was the case immediately prior

to June 5, 2004, and, with regard to assistance in support of

Deadline.

Certification.

118 STAT. 3026 PUBLIC LAW 108–447—DEC. 8, 2004

a viable peace agreement, Southern Kordofan/Nuba Mountains

State, Blue Nile State and Abyei.

(g) APPROPRIATION.—In addition to amounts appropriated elsewhere in this Act, $75,000,000 is hereby appropriated for ‘‘Peacekeeping Operations’’ to support peace and humanitarian intervention operations for Sudan, and $18,000,000 is hereby appropriated

for ‘‘International Disaster and Famine Assistance’’ for humanitarian assistance and related activities in Sudan: Provided, That

the entire amount appropriated in this subsection is designated

as an emergency requirement pursuant to section 402 of S. Con.

Res. 95 (108th Congress), as made applicable to the House of

Representatives by H. Res. 649 (108th Congress) and applicable

to the Senate by section 14007 of Public Law 108–287: Provided

further, That the Secretary of State shall consult with the Committees on Appropriations regarding the proposed uses of these funds

within 30 days of the date of enactment of this Act.

(h) TECHNICAL CHANGE.—Section 12 of the International

Organizations Immunities Act (22 U.S.C. 288f–2) is amended by

striking ‘‘Organization of African Unity’’ and inserting ‘‘African

Union’’.

TRADE CAPACITY BUILDING

SEC. 570. Of the funds appropriated by this Act, under the

headings ‘‘Trade and Development Agency’’, ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘International Affairs Technical Assistance’’, and ‘‘International Organizations and Programs’’, not less than $507,000,000 should be made

available for trade capacity building assistance: Provided, That

$20,000,000 of the funds appropriated in this Act under the heading

‘‘Economic Support Fund’’ shall be made available for labor and

environmental capacity building activities relating to the free trade

agreement with the countries of Central America and the Dominican

Republic.

EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN

COUNTRIES AND CERTAIN OTHER COUNTRIES

SEC. 571. Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2005,

funds available to the Department of Defense may be expended

for crating, packing, handling, and transportation of excess defense

articles transferred under the authority of section 516 of such

Act to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavian

Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan,

Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,

Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.

INDONESIA

SEC. 572. (a) Funds appropriated by this Act under the heading

‘‘Foreign Military Financing Program’’ may be made available for

assistance for Indonesia, and licenses may be issued for the export

of lethal defense articles for the Indonesian Armed Forces, only

if the Secretary of State certifies to the appropriate congressional

committees that—

Certification.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 3028 PUBLIC LAW 108–447—DEC. 8, 2004

the United States pursuant to Article 98 of the Rome Statute

preventing the International Criminal Court from proceeding

against United States personnel present in such country.

(d) The prohibition of this section shall not apply to countries

otherwise eligible for assistance under the Millennium Challenge

Act of 2003, notwithstanding section 606(a)(2)(B) of such Act.

PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA

SEC. 575. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance any assistance to Saudi Arabia: Provided, That the President may waive the prohibition of this section if he certifies to

the Committees on Appropriations, 15 days prior to the obligation

of funds for assistance for Saudi Arabia, that Saudi Arabia is

cooperating with efforts to combat international terrorism and that

the proposed assistance will help facilitate that effort.

ENVIRONMENT PROGRAMS

SEC. 576. (a) FUNDING.—Of the funds appropriated under the

heading ‘‘Development Assistance’’, not less than $165,500,000 shall

be made available for programs and activities which directly protect

biodiversity, including forests, in developing countries, of which

not less than $8,000,000 should be made available to implement

a regional strategy for biodiversity conservation in the countries

comprising the Amazon basin of South America, including to

improve the capacity of indigenous communities and local law

enforcement agencies to protect the biodiversity of indigenous

reserves, which amount shall be in addition to the amounts

requested for biodiversity activities in these countries in fiscal year

2005: Provided, That of the funds appropriated by this Act, not

less than $180,000,000 shall be made available to support clean

energy and other climate change policies and programs in developing countries, of which $100,000,000 should be made available

to directly promote and deploy energy conservation, energy efficiency, and renewable and clean energy technologies, and of which

the balance should be made available to directly: (1) measure,

monitor, and reduce greenhouse gas emissions; (2) increase carbon

sequestration activities; and (3) enhance climate change mitigation

and adaptation programs.

(b) CLIMATE CHANGE REPORT.—Not later than 45 days after

the date on which the President’s fiscal year 2006 budget request

is submitted to Congress, the President shall submit a report to

the Committees on Appropriations describing in detail the

following—

(1) all Federal agency obligations and expenditures,

domestic and international, for climate change programs and

activities in fiscal year 2005, including an accounting of

expenditures by agency with each agency identifying climate

change activities and associated costs by line item as presented

in the President’s Budget Appendix; and

(2) all fiscal year 2004 obligations and estimated expenditures, fiscal year 2005 estimated expenditures and estimated

obligations, and fiscal year 2006 requested funds by the United

States Agency for International Development, by country and

central program, for each of the following: (i) to promote the

transfer and deployment of a wide range of United States

President.

President.

Certification.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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) 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

Deadline.

Reports.

118 STAT. 3030 PUBLIC LAW 108–447—DEC. 8, 2004

such a waiver is in the national security interest of the United

States.

(c) Not later than October 1, 2005, the Secretary of State

shall submit a report to the Committees on Appropriations and

the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives

describing the following:

(1) The defense articles, defense services, and financial

assistance provided by the United States to the countries of

Central Asia during the 6-month period ending 30 days prior

to submission of such report.

(2) The use during such period of defense articles, defense

services, and financial assistance provided by the United States

by units of the armed forces, border guards, or other security

forces of such countries.

(d) For purposes of this section, the term ‘‘countries of Central

Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan,

and Turkmenistan.

DISABILITY PROGRAMS

SEC. 579. (a) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $2,500,000

shall be made available for programs and activities to address

the needs and protect the rights of people with disabilities in

developing countries: Provided, That such funds shall be administered by the United States Agency for International Development

(‘‘USAID’’) and the Department of State, and shall be available

for grants to nongovernmental organizations that work on behalf

of people with disabilities in such countries.

(b) The Secretary of State and the USAID Administrator shall

designate within their respective agencies an individual to serve

as Disability ‘‘Advisor’’ or ‘‘Coordinator’’, whose function it shall

be to ensure that disability rights are addressed, where appropriate,

in United States policies and programs.

(c) Funds made available under subsection (a) may be made

available for an international conference on the needs of people

with disabilities, including disability rights, advocacy and access.

(d) The Secretary of State, the Secretary of the Treasury, and

the USAID Administrator shall seek to ensure that the needs

of people with disabilities are addressed, where appropriate, in

democracy, human rights, and rule of law programs, projects and

activities supported by the Department of State, Department of

the Treasury, and USAID.

(e) The USAID Administrator shall seek to ensure that programs, projects and activities administered by USAID comply fully

with USAID’s ‘‘Policy Paper: Disability’’ issued on September 12,

1997: Provided, That not later than 90 days after enactment of

this Act, USAID shall implement procedures to require that prospective grantees seeking funding from USAID specify, when relevant,

how the proposed program, project or activity for which funding

is being requested will include protecting the rights and addressing

the needs of persons with disabilities.

ZIMBABWE

SEC. 580. The Secretary of the Treasury shall instruct the

United States executive director to each international financial

22 USC 2151

note.

Deadline.

Procedures.

Deadline.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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. The President shall submit a report to the Committees on Appropriations describing the involvement of the Nigerian

Armed Forces in the incident in Benue State, the measures that

are being taken to bring such individuals to justice, and whether

any Nigerian Armed Forces units involved with the incident in

Benue State are receiving United States assistance.

DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE

RUSSIAN FEDERATION

SEC. 583. None of the funds appropriated under this Act may

be made available for the Government of the Russian Federation,

after 180 days from the date of the enactment of this Act, unless

the President determines and certifies in writing to the Committees

on Appropriations that the Government of the Russian Federation

has implemented no statute, Executive order, regulation or similar

government action that would discriminate, or which has as its

principal effect discrimination, against religious groups or religious

communities in the Russian Federation in violation of accepted

international agreements on human rights and religious freedoms

to which the Russian Federation is a party.

CENTRAL AMERICA

SEC. 584. (a) Of the funds appropriated by this Act under

the headings ‘‘Child Survival and Health Programs Fund’’ and

Deadline.

President.

Certification.

President.

Reports.

118 STAT. 3032 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘Development Assistance’’, not less than the amount of funds initially allocated pursuant to section 653(a) of the Foreign Assistance

Act of 1961 for fiscal year 2004 should be made available for

El Salvador, Guatemala, Nicaragua and Honduras.

(b) Not to exceed $3,227,000 in prior year ‘‘Military Assistance

Program’’ funds that are available for Guatemala may be made

available for non-lethal defense items for Guatemala if the Secretary

of State certifies to the Committees on Appropriations and the

Committee on Foreign Relations of the Senate and the Committee

on International Relations of the House of Representatives that—

(1) the role of the Guatemalan military has been limited,

in doctrine and in practice, to substantially those activities

in defense of Guatemala’s sovereignty and territorial integrity

that are permitted by the 1996 Peace Accords, and the Government of Guatemala is taking steps to pass a new governing

law of the Army (Ley Constitutiva del Eje ́rcito);

(2) the Guatemalan military is cooperating with civilian

judicial authorities, including providing full cooperation on

access to witnesses, documents and classified intelligence files,

in investigations and prosecutions of military personnel who

have been implicated in human rights violations and other

criminal activity;

(3) the Government of Guatemala is working with the

United Nations to resolve legal impediments to the establishment of the Commission for the Investigation of Illegal Groups

and Clandestine Security Organizations (CICIACS), so that

CICIACS can effectively accomplish its mission of investigating

and bringing to justice illegal groups and members of clandestine security organizations;

(4) the Government of Guatemala is continuing its efforts

to make the military budget process transparent and accessible

to civilian authorities and to the public, for both present and

past expenditures;

(5) the Government of Guatemala is working to facilitate

the prompt establishment of an office in Guatemala of the

United Nations High Commissioner for Human Rights with

the unimpeded authority to investigate and report on human

rights in Guatemala; and

(6) the Government of Guatemala is taking steps to

increase its efforts to combat narcotics trafficking and organized

crime.

(c) Section 527 of the Foreign Relations Authorization Act,

Fiscal Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by

adding at the end the following new subsection:

‘‘(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE GOVERNMENT

OF NICARAGUA.—

‘‘(1) Any action of the types set forth in subparagraphs

(A), (B), and (C) of subsection (a)(1) that was taken by the

Government of Nicaragua during the period beginning on

January 1, 1956, and ending on January 9, 2002, shall not

be considered in implementing the prohibition under subsection

(a) unless the action has been presented in accordance with

the procedure set forth in paragraph (2).

‘‘(2) An action shall be deemed presented for purposes

of paragraph (1) if it is—

‘‘(A) in writing; and

22 USC 2370a.

Certification.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3033

‘‘(B) received by the United States Department of State

on or before 120 days after the date specified in paragraph

(3) at—

‘‘(i) the headquarters of the United States Department of State in Washington, D.C.; or

‘‘(ii) the Embassy of the United States of America

to Nicaragua.

‘‘(3) The date to which paragraph (2) refers is a date after

enactment of this subsection that is specified by the Secretary

of State, in the Secretary’s discretion, in a notice published

in the Federal Register.’’.

WAR CRIMES IN AFRICA

SEC. 585. (a) The Congress recognizes the important contribution that the democratically elected Government of Nigeria has

played in fostering stability in West Africa.

(b) The Congress reaffirms its support for the efforts of the

International Criminal Tribunal for Rwanda (ICTR) and the Special

Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in a timely

manner.

(c) Funds appropriated by this Act, including funds for debt

restructuring, may be made available for assistance to the central

government of a country in which individuals indicted by ICTR

and SCSL are credibly alleged to be living, if the Secretary of

State determines and reports to the Committees on Appropriations

that such government is cooperating with ICTR and SCSL,

including the surrender and transfer of indictees in a timely

manner: Provided, That this subsection shall not apply to assistance

provided under section 551 of the Foreign Assistance Act of 1961

or to project assistance under title II of this Act: Provided further,

That the United States shall use its voice and vote in the United

Nations Security Council to fully support efforts by ICTR and

SCSL to bring to justice individuals indicted by such tribunals

in a timely manner.

(d) The prohibition in subsection (c) may be waived on a country

by country basis if the President determines that doing so is in

the national security interest of the United States: Provided, That

prior to exercising such waiver authority, the President shall submit

a report to the Committees on Appropriations, in classified form

if necessary, on: (1) the steps being taken to obtain the cooperation

of the government in surrendering the indictee in question to SCSL

or ICTR; (2) a strategy for bringing the indictee before ICTR or

SCSL; and (3) the justification for exercising the waiver authority.

ADMISSION OF REFUGEES

SEC. 586. (a) The Secretary of State shall utilize private voluntary organizations with expertise in the protection needs of refugees in the processing of refugees overseas for admission and

resettlement to the United States, and shall utilize such agencies

in addition to the United Nations High Commissioner for Refugees

in the identification and referral of refugees.

(b) The Secretary of State should maintain a system for

accepting referrals of appropriate candidates for resettlement from

local private, voluntary organizations and work to ensure that

President.

Reports.

Notice.

Federal Register,

publication.

Deadline.

118 STAT. 3034 PUBLIC LAW 108–447—DEC. 8, 2004

particularly vulnerable refugee groups receive special consideration

for admission into the United States, including—

(1) long-stayers in countries of first asylum;

(2) unaccompanied refugee minors;

(3) refugees outside traditional camp settings; and

(4) refugees in woman-headed households.

(c) The Secretary of State shall give special consideration to—

(1) refugees of all nationalities who have close family ties

to citizens and residents of the United States; and

(2) other groups of refugees who are of special concern

to the United States.

CODE OF CONDUCT

SEC. 587. (a) None of the funds made available by title II

under the heading ‘‘Migration and Refugee Assistance’’ or ‘‘Transition Initiatives’’ to provide assistance to refugees or internally displaced persons may be provided to an organization that has failed

to adopt a code of conduct consistent with the Inter-Agency Standing

Committee Task Force on Protection From Sexual Exploitation and

Abuse in Humanitarian Crises six core principles for the protection

of beneficiaries of humanitarian assistance.

(b) In administering the amounts made available for the

accounts described in subsection (a), the Secretary of State and

Administrator of the United States Agency for International

Development shall incorporate specific policies and programs for

the purpose of identifying specific needs of, and particular threats

to, women and children at the various stages of humanitarian

emergencies, especially at the onset of such emergency.

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING

AUTHORITY

SEC. 588. (a) AUTHORITY.—Up to $37,500,000 of the funds made

available in this Act to carry out the provisions of part I of the

Foreign Assistance Act of 1961, including funds appropriated under

the heading ‘‘Assistance for Eastern Europe and the Baltic States’’,

may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States

and overseas on a limited appointment basis pursuant to the

authority of sections 308 and 309 of the Foreign Service Act of

1980.

(b) RESTRICTIONS.—

(1) The number of individuals hired in any fiscal year

pursuant to the authority contained in subsection (a) may not

exceed 175, of which not more than 75 may be hired for employment in the United States.

(2) The authority to hire individuals contained in subsection

(a) shall expire on September 30, 2007.

(c) CONDITIONS.—The authority of this section may only be

used—

(1) to the extent that an equivalent number of positions

that are filled by personal services contractors or other nondirect-hire employees of USAID, who are compensated with

funds appropriated to carry out part I of the Foreign Assistance

Act of 1961, including funds appropriated under the heading

‘‘Assistance for Eastern Europe and the Baltic States’’, are

eliminated; and

Expiration date.

22 USC 3948

note.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 3036 PUBLIC LAW 108–447—DEC. 8, 2004

SECURITY IN ASIA

SEC. 590. (a) INDONESIA.—Funds made available for assistance

for Indonesia under the heading ‘‘Foreign Military Financing Program’’ may be made available for assistance for the Indonesian

navy notwithstanding section 572 of this Act if the Secretary of

State reports to the Committees on Appropriations that the Indonesian navy is not violating human rights and is cooperating with

civilian judicial authorities on cases involving human rights violations: Provided, That such funds may only be made available for

assistance for the Indonesian navy for the purposes of enhancing

maritime security: Provided further, That such funds shall be made

available subject to the regular notification procedures of the

Committees on Appropriations.

(b) CAMBODIA.—Funds made available for assistance for Cambodia under the heading ‘‘Foreign Military Financing Program’’

may be made available notwithstanding section 554 of this Act:

Provided, That such funds shall only be made available subject

to the regular notification procedures of the Committees on Appropriations.

(c) NEPAL.—

(1) The Congress deplores and condemns the Maoist insurgency in Nepal which has engaged in widespread atrocities

against civilians and Nepalese security forces, and calls on

other nations to denounce these vicious acts.

(2) Funds appropriated under the heading ‘‘Foreign Military Financing Program’’ may be made available for assistance

for Nepal if the Secretary of State reports to the Committees

on Appropriations that the Government of Nepal:

(A) has determined the number of and is making

substantial progress in complying with habeas corpus

orders issued by the Supreme Court of Nepal, including

all outstanding orders;

(B) is cooperating with the National Human Rights

Commission of Nepal to identify and resolve all security

related cases involving individuals in government custody;

(C) is granting the National Human Rights Commission of Nepal unimpeded access to all places of detention;

and

(D) is taking effective steps to end torture by security

forces and to prosecute members of such forces who are

responsible for gross violations of human rights.

(3) The Secretary of State may waive the requirements

of paragraph (2) if he determines and reports to the Committees

on Appropriations that to do so is in the national security

interests of the United States.

HIPC DEBT REDUCTION AND TRUST FUND

SEC. 591. (a) Section 801(b)(1) of Public Law 106–429 is

amended—

(1) by inserting ‘‘(i)’’ after ‘‘appropriated’’; and

(2) by inserting before the period ‘‘; and (ii) for fiscal years

2004–2006, not more than $150,000,000, for purposes of additional United States contributions to the HIPC Trust Fund

administered by the Bank, which are authorized to remain

available until expended’’.

114 Stat.

1900A–64.

Reports.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3037

(b) Section 501(i) of Public Law 106–113 is amended by striking

‘‘2003–2004’’ and inserting ‘‘2000–2006’’.

COMPLIANCE WITH THE ALGIERS AGREEMENTS

SEC. 592. None of the funds appropriated by this Act may

be made available for assistance for the central Governments of

Ethiopia or Eritrea unless the Secretary of State certifies and

reports to the Committees on Appropriations that such government

is taking steps to comply with the terms of the Algiers Agreements:

Provided, That this section shall not apply to democracy, rule

of law, peacekeeping programs and activities, child survival and

health, basic education, and agriculture programs: Provided further,

That the Secretary may waive the requirements of this section

if he determines that to do so is in the national security interests

of the United States.

ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL

DEVELOPMENT BANKS

SEC. 593. (a) Section 1307 of the International Financial Institutions Act (22 U.S.C. 262m–7) is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) ASSESSMENT REQUIRED BEFORE FAVORABLE VOTE ON PROPOSAL.—The Secretary of the Treasury shall instruct the United

States Executive Director of each multilateral development bank

not to vote in favor of any proposal (including but not limited

to any loan, credit, grant, guarantee) which would result or be

likely to result in significant impact on the environment, unless

the Secretary, after consultation with the Secretary of State and

the Administrators of the United States Agency for International

Development and the Environmental Protection Agency, determines

that for at least 120 days before the date of the vote—

‘‘(1) an assessment analyzing the environmental impacts

of the proposed action, including associated and cumulative

impacts, and of alternatives to the proposed action, has been

completed by the borrower or the bank and has been made

available to the board of directors of the bank; and

‘‘(2) such assessment or a comprehensive summary of the

assessment (with proprietary information redacted) has been

made available to affected groups, and local nongovernmental

organizations and notice of its availability in the country and

at the bank has been posted on the bank’s website.’’; and

(2) by striking subsection (g) and inserting the following:

‘‘(g) MULTILATERAL DEVELOPMENT BANK DEFINED.—In this title,

the term ‘multilateral development bank’ means the International

Bank for Reconstruction and Development, the European Bank

for Reconstruction and Development, the International Development

Association, the International Finance Corporation, the Multilateral

Investment Guarantee Agency, the African Development Bank, the

African Development Fund, the Asian Development Bank, the InterAmerican 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—

22 USC 2395

note.

118 STAT. 3038 PUBLIC LAW 108–447—DEC. 8, 2004

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’ and replacing ‘‘International

Bank for Reconstruction and Development, the Inter-American

Development Bank, the Asian Development Bank, the African

Development Bank’’ with the phrase ‘‘multilateral development

banks as defined in section 1307(g)’’; and

(2) by inserting at the end of subsection (b) the following

text:

‘‘(2) The Secretary of the Treasury shall instruct such Executive

Directors to work with other countries’ Executive Directors and

multilateral development bank management to—

‘‘(A) improve the procedures of each multilateral development bank for providing its board of directors with a complete

and accurate record regarding public consultation before they

vote on proposed projects with significant environmental

implications; and

‘‘(B) revise bank procedures to consistently require public

consultation on operational policy proposals or revisions that

have significant environmental or social implications.

‘‘(3) Progress under this subsection shall be incorporated into

Treasury’s required annual report to Congress on the environmental

performance of the multilateral development banks.’’.

VIETNAMESE REFUGEES

SEC. 594. (a) ELIGIBILITY FOR IN-COUNTRY REFUGEE PROCESSING IN VIETNAM.—For purposes of eligibility for in-country refugee processing for nationals of Vietnam during fiscal years 2004

and 2005, an alien described in subsection (b) shall be considered

to be a refugee of special humanitarian concern to the United

States (within the meaning of section 207 of the Immigration and

Nationality Act (8 U.S.C. 1157)) and shall be admitted to the

United States for resettlement if the alien would be admissible

as an immigrant under the Immigration and Nationality Act (except

as provided in section 207(c)(3) of that Act).

(b) ALIENS COVERED.—An alien described in this subsection

is an alien who—

(1) is the son or daughter of a qualified national;

(2) is 21 years of age or older; and

(3) was unmarried as of the date of acceptance of the

alien’s parent for resettlement under the Orderly Departure

Program or through the United States Consulate General in

Ho Chi Minh City.

(c) QUALIFIED NATIONAL.—The term ‘‘qualified national’’ in subsection (b)(1) means a national of Vietnam who—

(1)(A) was formerly interned in a re-education camp in

Vietnam by the Government of the Socialist Republic of

Vietnam; or

(B) is the widow or widower of an individual described

in subparagraph (A);

(2)(A) qualified for refugee processing under the Orderly

Departure Program re-education subprogram; and

(B) is or was accepted under the Orderly Departure Program or through the United States Consulate General in Ho

Chi Minh City—

(i) for resettlement as a refugee; or

(ii) for admission to the United States as an immediate

relative immigrant; and

Definition.

PUBLIC LAW 108–447—DEC. 8, 2004 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—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

Department of

the Interior and

Related Agencies

Appropriations

Act, 2005.

118 STAT. 3040 PUBLIC LAW 108–447—DEC. 8, 2004

for cost-shared projects supporting conservation of Bureau lands;

and such funds shall be advanced to the Foundation as a lump

sum grant without regard to when expenses are incurred. In addition, $32,696,000 is for Mining Law Administration program operations, including the cost of administering the mining

claim fee program; to remain available until expended, to be reduced

by amounts collected by the Bureau and credited to this appropriation from annual mining claim fees so as to result in a final

appropriation estimated at not more than $848,939,000, and

$2,000,000, to remain available until expended, from communication

site rental fees established by the Bureau for the cost of administering communication site activities.

WILDLAND FIRE MANAGEMENT

For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department

of the Interior, $743,099,000, to remain available until expended,

of which not to exceed $12,374,000 shall be for the renovation

or construction of fire facilities: Provided, That such funds are

also available for repayment of advances to other appropriation

accounts from which funds were previously transferred for such

purposes: Provided further, That persons hired pursuant to 43

U.S.C. 1469 may be furnished subsistence and lodging without

cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau

or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United

States property, may be credited to the appropriation from which

funds were expended to provide that protection, and are available

without fiscal year limitation: Provided further, That using the

amounts designated under this title of this Act, the Secretary of

the Interior may enter into procurement contracts, grants, or

cooperative agreements, for hazardous fuels reduction activities,

and for training and monitoring associated with such hazardous

fuels reduction activities, on Federal land, or on adjacent nonFederal 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 microbusinesses; or (4) other entities that will hire or train locally a

significant percentage, defined as 50 percent or more, of the project

workforce to complete such contracts: Provided further, That in

implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds

appropriated under this head may be used to reimburse the United

States Fish and Wildlife Service and the National Marine Fisheries

Service for the costs of carrying out their responsibilities under

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to

consult and conference, as required by section 7 of such Act, in

Guidance.

Contracts.

Grants.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 3042 PUBLIC LAW 108–447—DEC. 8, 2004

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 BankheadJones lands transferred to the Department of the Interior pursuant

to law, but not less than $10,000,000, to remain available until

expended: Provided, That not to exceed $600,000 shall be available

for administrative expenses.

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and

disposal of public lands and resources, for costs of providing copies

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use

authorizations, and for rehabilitation of damaged property, such

amounts as may be collected under Public Law 94–579, as amended,

and Public Law 93–153, to remain available until expended: Provided, That, notwithstanding any provision to the contrary of section

305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that

have been or will be received pursuant to that section, whether

as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.

1735(c)), shall be available and may be expended under the

authority of this Act by the Secretary to improve, protect, or

rehabilitate any public lands administered through the Bureau

43 USC 1735

note.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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

Contracts.

118 STAT. 3044 PUBLIC LAW 108–447—DEC. 8, 2004

4 of the Endangered Species Act, as amended, for species that

are indigenous to the United States (except for processing petitions,

developing and issuing proposed and final regulations, and taking

any other steps to implement actions described in subsection

(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed

$11,400,000 shall be used for any activity regarding the designation

of critical habitat, pursuant to subsection (a)(3), excluding litigation

support, for species listed pursuant to subsection (a)(1) prior to

October 1, 2004: Provided further, That of the amount available

for law enforcement, up to $400,000, to remain available until

expended, may at the discretion of the Secretary be used for payment for information, rewards, or evidence concerning violations

of laws administered by the Service, and miscellaneous and emergency expenses of enforcement activity, authorized or approved

by the Secretary and to be accounted for solely on her certificate:

Provided further, That of the amount provided for environmental

contaminants, up to $1,000,000 may remain available until

expended for contaminant sample analyses.

CONSTRUCTION

For construction, improvement, acquisition, or removal of

buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fishery and wildlife resources, and the acquisition of lands and interests therein;

$53,400,000, to remain available until expended: Provided, That,

notwithstanding any other provision of law, a single procurement

for the construction project at the Clark R. Bavin Forensics Laboratory in Oregon may be issued which includes the full scope of

the project: Provided further, That the solicitation and the contract

shall contain the clause ‘‘availability of funds’’ found at 48 CFR

52.232.18.

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through

11), including administrative expenses, and for acquisition of land

or waters, or interest therein, in accordance with statutory authority

applicable to the United States Fish and Wildlife Service,

$37,526,000, to be derived from the Land and Water Conservation

Fund and to remain available until expended, of which $750,000

is for support of acquisition of lands for waterfowl habitat in the

Yukon Flats National Wildlife Refuge, and the related conveyance

of Federal lands and interests in lands to Doyon, Limited, an

Alaska Native Corporation organized pursuant to the Alaska Native

Claims Settlement Act: Provided, That the Secretary is authorized

to, and shall, execute all necessary acquisitions and exchange agreement documents in furtherance of this acquisition and exchange

as soon as possible: Provided further, That, notwithstanding any

other law, all revenues, fees and royalties received by the Federal

Government from oil and/or gas production from the lands, and

interests in land, acquired by Doyon, Limited, pursuant to the

exchange of lands located within Yukon Flats National Wildlife

Refuge shall be deposited in a special account in the Treasury

of the United States to be called the Alaska National Wildlife

Refuge Land Acquisition and Facility Account (‘‘Acquisition

Account’’): Provided further, That all amounts deposited in the

Contracts.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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,

Grants.

State listing.

118 STAT. 3046 PUBLIC LAW 108–447—DEC. 8, 2004

$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) onethird 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

PUBLIC LAW 108–447—DEC. 8, 2004 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, That no State, territory, or other jurisdiction shall receive

a grant unless it has developed, or committed to develop by October

1, 2005, a comprehensive wildlife conservation plan, consistent with

criteria established by the Secretary of the Interior, that considers

the broad range of the State, territory, or other jurisdiction’s wildlife

and associated habitats, with appropriate priority placed on those

species with the greatest conservation need and taking into consideration the relative level of funding available for the conservation

of those species: Provided further, That any amount apportioned

in 2005 to any State, territory, or other jurisdiction that remains

unobligated as of September 30, 2006, shall be reapportioned,

together with funds appropriated in 2007, in the manner provided

herein: Provided further, That balances from amounts previously

appropriated under the heading ‘‘State Wildlife Grants’’ shall be

transferred to and merged with this appropriation and shall remain

available until expended.

ADMINISTRATIVE PROVISIONS

Appropriations and funds available to the United States Fish

and Wildlife Service shall be available for purchase of not to exceed

179 passenger motor vehicles, of which 161 are for replacement

only (including 44 for police-type use); repair of damage to public

roads within and adjacent to reservation areas caused by operations

of the Service; options for the purchase of land at not to exceed

$1 for each option; facilities incident to such public recreational

uses on conservation areas as are consistent with their primary

purpose; and the maintenance and improvement of aquaria,

buildings, and other facilities under the jurisdiction of the Service

and to which the United States has title, and which are used

pursuant to law in connection with management, and investigation

of fish and wildlife resources: Provided, That notwithstanding 44

U.S.C. 501, the Service may, under cooperative cost sharing and

partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost

of printing either in cash or services and the Service determines

the cooperator is capable of meeting accepted quality standards:

Provided further, That, notwithstanding any other provision of law, the Service may use up to $2,000,000 from funds provided for

contracts for employment-related legal services: Provided further, That the Service may accept donated aircraft as replacements for

existing aircraft: Provided further, That, notwithstanding any other

provision of law, the Secretary of the Interior may not spend any

of the funds appropriated in this Act for the purchase of lands

or interests in lands to be used in the establishment of any new

Contracts.

Deadline.

118 STAT. 3048 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 3050 PUBLIC LAW 108–447—DEC. 8, 2004

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

trail.

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2005 by 16

U.S.C. 460l–10a are rescinded.

LAND ACQUISITION AND STATE ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11),

including administrative expenses, and for acquisition of lands or

waters, or interest therein, in accordance with the statutory

authority applicable to the National Park Service, $148,411,000,

to be derived from the Land and Water Conservation Fund and

to remain available until expended, of which $92,500,000 is for

the State assistance program including $1,500,000 to administer

this program: Provided, That none of the funds provided for the

State assistance program may be used to establish a contingency

fund: Provided further, That in lieu of State assistance program

indirect costs (as described in OMB Circular A–87), not to exceed

5 percent of apportionments under the State assistance program

may be used by States, the District of Columbia, and insular areas

to support program administrative costs: Provided further, That

$250,000 of the amount provided under this heading for civil war

battlefield protection shall be available for transfer to the ‘‘National

Recreation and Preservation’’ account.

ADMINISTRATIVE PROVISIONS

Appropriations for the National Park Service shall be available

for the purchase of not to exceed 249 passenger motor vehicles,

of which 202 shall be for replacement only, including not to exceed

193 for police-type use, 10 buses, and 8 ambulances: Provided,

That none of the funds appropriated to the National Park Service

may be used to process any grant or contract documents which

do not include the text of 18 U.S.C. 1913: Provided further, That

none of the funds appropriated to the National Park Service may

be used to implement an agreement for the redevelopment of the

southern end of Ellis Island until such agreement has been submitted to the Congress and shall not be implemented prior to

the expiration of 30 calendar days (not including any day in which

either House of Congress is not in session because of adjournment

of more than 3 calendar days to a day certain) from the receipt

by the Speaker of the House of Representatives and the President

of the Senate of a full and comprehensive report on the development

of the southern end of Ellis Island, including the facts and circumstances relied upon in support of the proposed project: Provided

further, That appropriations available to the National Park Service

may be used to maintain the following areas in Washington, District

of Columbia: Jackson Place, Madison Place, and Pennsylvania

Avenue between 15th and 17th Streets, Northwest.

Expiration date.

Reports.

16 USC 460l–10a

note.

PUBLIC LAW 108–447—DEC. 8, 2004 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 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

Deadline.

118 STAT. 3052 PUBLIC LAW 108–447—DEC. 8, 2004

cooperation with States or municipalities for water resources investigations; and of which $7,901,000 shall remain available until

expended for satellite operations; and of which $21,971,000 shall

be available until September 30, 2006, for the operation and maintenance of facilities and deferred maintenance; and of which

$1,600,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in

cost; and of which $174,219,000 shall be available until September

30, 2006, for the biological research activity and the operation

of the Cooperative Research Units: Provided, That none of the

funds provided for the biological research activity shall be used

to conduct new surveys on private property, unless specifically

authorized in writing by the property owner: Provided further,

That no part of this appropriation shall be used to pay more

than one-half the cost of topographic mapping or water resources

data collection and investigations carried on in cooperation with

States and municipalities.

ADMINISTRATIVE PROVISIONS

The amount appropriated for the United States Geological

Survey shall be available for the purchase and replacement of

passenger motor vehicles; reimbursement to the General Services

Administration for security guard services; contracting for the furnishing of topographic maps and for the making of geophysical

or other specialized surveys when it is administratively determined

that such procedures are in the public interest; construction and

maintenance of necessary buildings and appurtenant facilities;

acquisition of lands for gauging stations and observation wells;

expenses of the United States National Committee on Geology;

and payment of compensation and expenses of persons on the

rolls of the Survey duly appointed to represent the United States

in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may

be accomplished through the use of contracts, grants, or cooperative

agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That the United States Geological Survey may enter into contracts

or cooperative agreements directly with individuals or indirectly

with institutions or nonprofit organizations, without regard to 41

U.S.C. 5, for the temporary or intermittent services of students

or recent graduates, who shall be considered employees for the

purpose of chapters 57 and 81 of title 5, United States Code,

relating to compensation for travel and work injuries, and chapter

171 of title 28, United States Code, relating to tort claims, but

shall not be considered to be Federal employees for any other

purposes.

MINERALS MANAGEMENT SERVICE

ROYALTY AND OFFSHORE MINERALS MANAGEMENT

For expenses necessary for minerals leasing and environmental

studies, regulation of industry operations, and collection of royalties,

as authorized by law; for enforcing laws and regulations applicable

to oil, gas, and other minerals leases, permits, licenses and operating contracts; and for matching grants or cooperative agreements;

including the purchase of not to exceed eight passenger motor

vehicles for replacement only, $169,175,000, of which $76,106,000

Contracts.

43 USC 50.

PUBLIC LAW 108–447—DEC. 8, 2004 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-inkind program: Provided further, That MMS shall analyze and document the expected return in advance of any royalty-in-kind sales

to assure to the maximum extent practicable that royalty income

under the pilot program is equal to or greater than royalty income

recognized under a comparable royalty-in-value program: Provided

further, That in fiscal year 2005 and thereafter, notwithstanding

30 U.S.C. 191(a) and 43 U.S.C. 1338, the Secretary shall pay

amounts owed to States under the provision of 30 U.S.C. 1721(b)

from amounts received as current receipts from bonuses, royalties,

interest collected from lessees and designees, and rentals of the

public lands and the outer continental shelf under provisions of

the Mineral Leasing Act (30 U.S.C. 181 et seq.), and the Outer

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are

not payable to a State or the Reclamation Fund.

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title

IV, sections 4202 and 4303, title VII, and title VIII, section 8201

of the Oil Pollution Act of 1990, $7,105,000, which shall be derived

from the Oil Spill Liability Trust Fund, to remain available until

expended.

30 USC 1721

note.

118 STAT. 3054 PUBLIC LAW 108–447—DEC. 8, 2004

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law

95–87, as amended, including the purchase of not to exceed 10

passenger motor vehicles, for replacement only; $109,805,000: Provided, That the Secretary of the Interior, pursuant to regulations,

may use directly or through grants to States, moneys collected

in fiscal year 2005 for civil penalties assessed under section 518

of the Surface Mining Control and Reclamation Act of 1977 (30

U.S.C. 1268), to reclaim lands adversely affected by coal mining

practices after August 3, 1977, to remain available until expended:

Provided further, That appropriations for the Office of Surface

Mining Reclamation and Enforcement may provide for the travel

and per diem expenses of State and tribal personnel attending

Office of Surface Mining Reclamation and Enforcement sponsored

training.

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface

Mining Control and Reclamation Act of 1977, Public Law 95–87,

as amended, including the purchase of not more than 10 passenger

motor vehicles for replacement only, $190,863,000, to be derived

from receipts of the Abandoned Mine Reclamation Fund and to

remain available until expended; of which up to $10,000,000, to

be derived from the Federal Expenses Share of the Fund, shall

be for supplemental grants to States for the reclamation of abandoned sites with acid mine rock drainage from coal mines, and

for associated activities, through the Appalachian Clean Streams

Initiative: Provided, That grants to minimum program States will

be $1,500,000 per State in fiscal year 2005: Provided further, That

pursuant to Public Law 97–365, the Department of the Interior

is authorized to use up to 20 percent from the recovery of the

delinquent debt owed to the United States Government to pay

for contracts to collect these debts: Provided further, That funds

made available under title IV of Public Law 95–87 may be used

for any required non-Federal share of the cost of projects funded

by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage

from abandoned mines: Provided further, That such projects must

be consistent with the purposes and priorities of the Surface Mining

Control and Reclamation Act: Provided further, That the State

of Maryland may set aside the greater of $1,000,000 or 10 percent

of the total of the grants made available to the State under title

IV of the Surface Mining Control and Reclamation Act of 1977,

as amended (30 U.S.C. 1231 et seq.), if the amount set aside

is deposited in an acid mine drainage abatement and treatment

fund established under a State law, pursuant to which law the

amount (together with all interest earned on the amount) is

expended by the State to undertake acid mine drainage abatement

and treatment projects, except that before any amounts greater

than 10 percent of its title IV grants are deposited in an acid

30 USC 1211

note.

PUBLIC LAW 108–447—DEC. 8, 2004 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 Bureaufunded 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

118 STAT. 3056 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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 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

Contracts.

118 STAT. 3058 PUBLIC LAW 108–447—DEC. 8, 2004

relationship between the United States and that tribe, or that

tribe’s ability to access future appropriations.

Notwithstanding any other provision of law, no funds available

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available

to support the operation of any elementary or secondary school

in the State of Alaska.

Appropriations made available in this or any other Act for

schools funded by the Bureau shall be available only to the schools

in the Bureau school system as of September 1, 1996. No funds

available to the Bureau shall be used to support expanded grades

for any school or dormitory beyond the grade structure in place

or approved by the Secretary of the Interior at each school in

the Bureau school system as of October 1, 1995. Funds made

available under this Act may not be used to establish a charter

school at a Bureau-funded school (as that term is defined in section

1146 of the Education Amendments of 1978 (25 U.S.C. 2026)),

except that a charter school that is in existence on the date of

the enactment of this Act and that has operated at a Bureaufunded 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

Alaska.

PUBLIC LAW 108–447—DEC. 8, 2004 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 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

48 USC 1469b.

118 STAT. 3060 PUBLIC LAW 108–447—DEC. 8, 2004

unobligated balances in the ‘‘Central Hazardous Materials Fund’’:

Provided further, That none of the funds in this or previous appropriations Acts may be used to establish any additional reserves

in the Working Capital Fund account other than the two authorized

reserves without prior approval of the House and Senate Committees on Appropriations: Provided further, That amounts otherwise

appropriated by this Act for motor vehicle lease, purchase or service

costs at the Department of the Interior are reduced by $3,000,000

and, not later than 30 days after the date of the enactment of

this Act, the Director of the Office of Management and Budget

shall submit to the Committees on Appropriations of the House

of Representatives and the Senate a listing of the amounts by

account of the reductions made pursuant to this proviso.

PAYMENTS IN LIEU OF TAXES

For expenses necessary to implement the Act of October 20,

1976, as amended (31 U.S.C. 6901–6907), $230,000,000, of which

not to exceed $400,000 shall be available for administrative

expenses: Provided, That no payment shall be made to otherwise

eligible units of local government if the computed amount of the

payment is less than $100.

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor,

$52,384,000.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,

$37,800,000.

OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

For the operation of trust programs for Indians by direct

expenditure, contracts, cooperative agreements, compacts, and

grants, $196,267,000, to remain available until expended, of which

not to exceed $58,000,000 shall be available for historical

accounting: Provided, That funds for trust management improvements and litigation support may, as needed, be transferred to

or merged with the Bureau of Indian Affairs, ‘‘Operation of Indian

Programs’’ account; the Office of the Solicitor, ‘‘Salaries and

Expenses’’ account; and the Departmental Management, ‘‘Salaries

and Expenses’’ account: Provided further, That funds made available

to Tribes and Tribal organizations through contracts or grants

obligated during fiscal year 2005, as authorized by the Indian

Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall remain

available until expended by the contractor or grantee: Provided

further, That, notwithstanding any other provision of law, the

statute of limitations shall not commence to run on any claim,

including any claim in litigation pending on the date of the enactment of this Act, concerning losses to or mismanagement of trust

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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 any other provision of law, the Secretary

shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for

at least 18 months and has a balance of $1.00 or less: Provided

further, That the Secretary shall issue an annual account statement

and maintain a record of any such accounts and shall permit

the balance in each such account to be withdrawn upon the express

written request of the account holder: Provided further, That, not

to exceed $50,000, is available for the Secretary to make payments

to correct administrative errors of either disbursements from or

deposits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that

are recovered shall be credited to and remain available in this

account for this purpose.

INDIAN LAND CONSOLIDATION

For consolidation of fractional interests in Indian lands and

expenses associated with redetermining and redistributing

escheated interests in allotted lands, and for necessary expenses

to carry out the Indian Land Consolidation Act of 1983, as amended,

by direct expenditure or cooperative agreement, $35,000,000, to

remain available until expended, and which may be transferred

to the Bureau of Indian Affairs and Departmental Management

accounts: Provided, That funds provided under this heading may

be expended pursuant to the authorities contained in the provisos

under the heading ‘‘Office of Special Trustee for American Indians,

Indian Land Consolidation’’ of the Interior and Related Agencies

Appropriations Act, 2001 (Public Law 106–291).

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry

out the provisions of the Comprehensive Environmental Response,

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et

seq.), Federal Water Pollution Control Act, as amended (33 U.S.C.

1251 et seq.), the Oil Pollution Act of 1990 (Public Law 101–

380) (33 U.S.C. 2701 et seq.), and Public Law 101–337, as amended

(16 U.S.C. 19jj et seq.), $5,818,000, to remain available until

expended.

ADMINISTRATIVE PROVISIONS

There is hereby authorized for acquisition from available

resources within the Working Capital Fund, 15 aircraft, 10 of which

shall be for replacement and which may be obtained by donation,

purchase or through available excess surplus property: Provided,

That existing aircraft being replaced may be sold, with proceeds

derived or trade-in value used to offset the purchase price for

the replacement aircraft: Provided further, That no programs funded

with appropriated funds in the ‘‘Departmental Management’’,

‘‘Office of the Solicitor’’, and ‘‘Office of Inspector General’’ may

Records.

25 USC 4011

note.

118 STAT. 3062 PUBLIC LAW 108–447—DEC. 8, 2004

be augmented through the Working Capital Fund: Provided further, That the annual budget justification for Departmental Management

shall describe estimated Working Capital Fund charges to bureaus

and offices, including the methodology on which charges are based:

Provided further, That departures from the Working Capital Fund

estimates contained in the Departmental Management budget justification shall be presented to the Committees on Appropriations

for approval: Provided further, That the Secretary shall provide

a semi-annual report to the Committees on Appropriations on

reimbursable support agreements between the Office of the Secretary and the National Business Center and the bureaus and

offices of the Department, including the amounts billed pursuant

to such agreements.

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

SEC. 101. Appropriations made in this title shall be available

for expenditure or transfer (within each bureau or office), with

the approval of the Secretary, for the emergency reconstruction,

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or

other unavoidable causes: Provided, That no funds shall be made

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have

been exhausted: Provided further, That all funds used pursuant

to this section are hereby designated as an emergency requirement

pursuant to section 402 of S. Con. Res. 95 (108th Congress), as

made applicable to the House of Representatives by H. Res. 649

(108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287, and must be replenished by a supplemental

appropriation which must be requested as promptly as possible.

SEC. 102. The Secretary may authorize the expenditure or

transfer of any no year appropriation in this title, in addition

to the amounts included in the budget programs of the several

agencies, for the suppression or emergency prevention of wildland

fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover 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

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 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. Appropriations made to the Department of the

Interior shall hereafter be available for operation of warehouses,

garages, shops, and similar facilities, wherever consolidation of

activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other

activity in the same manner as authorized by sections 1535 and

1536 of title 31, United States Code: Provided, That reimbursements

for costs and supplies, materials, equipment, and for services rendered may be credited to the appropriation current at the time

such reimbursements are received.

SEC. 104. Appropriations made to the Department of the

Interior in this title shall be available for services as authorized

by 5 U.S.C. 3109, when authorized by the Secretary, in total amount

not to exceed $500,000; hire, maintenance, and operation of aircraft;

hire of passenger motor vehicles; purchase of reprints; payment

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment

of dues, when authorized by the Secretary, for library membership

in societies or associations which issue publications to members

only or at a price to members lower than to subscribers who

are not members.

SEC. 105. Appropriations available to the Department of the

Interior for salaries and expenses shall hereafter be available for

uniforms or allowances therefor, as authorized by law (5 U.S.C.

5901–5902 and D.C. Code 4–204).

SEC. 106. Annual appropriations made to the Department of

the Interior shall hereafter be available for obligation in connection

with contracts issued for services or rentals for periods not in

excess of 12 months beginning at any time during the fiscal year.

SEC. 107. No funds provided in this title may be expended

by the Department of the Interior for the conduct of offshore

preleasing, leasing and related activities placed under restriction

in the President’s moratorium statement of June 12, 1998, in the

areas of northern, central, and southern California; the North

Atlantic; Washington and Oregon; and the eastern Gulf of Mexico

south of 26 degrees north latitude and east of 86 degrees west

longitude.

SEC. 108. No funds provided in this title may be expended

by the Department of the Interior to conduct offshore oil and natural

gas preleasing, leasing and related activities in the eastern Gulf

of Mexico planning area for any lands located outside Sale 181,

as identified in the final Outer Continental Shelf 5-Year Oil and

Gas Leasing Program, 1997–2002.

43 USC 1471i.

43 USC 1471h.

43 USC 1471c–1.

118 STAT. 3064 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 109. No funds provided in this title may be expended

by the Department of the Interior to conduct oil and natural gas

preleasing, leasing and related activities in the Mid-Atlantic and

South Atlantic planning areas.

SEC. 110. Notwithstanding any other provisions of law, the

National Park Service shall not develop or implement a reduced

entrance fee program to accommodate non-local travel through a

unit. The Secretary may provide for and regulate local non-recreational passage through units of the National Park System,

allowing each unit to develop guidelines and permits for such

activity appropriate to that unit.

SEC. 111. Advance payments made by the Department of the

Interior to Indian tribes, tribal organizations, and tribal consortia

pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools

Act of 1988 (25 U.S.C. 2501 et seq.) may hereafter be invested

by the Indian tribe, tribal organization, or consortium before such

funds are expended for the purposes of the grant, compact, or

annual funding agreement so long as such funds are—

(1) invested by the Indian tribe, tribal organization, or

consortium only in obligations of the United States, or in obligations or securities that are guaranteed or insured by the United

States, or mutual (or other) funds registered with the Securities

and Exchange Commission and which only invest in obligations

of the United States or securities that are guaranteed or insured

by the United States; or

(2) deposited only into accounts that are insured by an

agency or instrumentality of the United States, or are fully

collateralized to ensure protection of the funds, even in the

event of a bank failure.

SEC. 112. Appropriations made in this Act under the headings

Bureau of Indian Affairs and Office of Special Trustee for American

Indians and any unobligated balances from prior appropriations

Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities,

except that total funding for historical accounting activities shall

not exceed amounts specifically designated in this Act for such

purpose.

SEC. 113. Notwithstanding any other provision of law, for the

purpose of reducing the backlog of Indian probate cases in the

Department of the Interior, the hearing requirements of chapter

10 of title 25, United States Code, are deemed satisfied by a proceeding conducted by an Indian probate judge, appointed by the

Secretary without regard to the provisions of title 5, United States

Code, governing the appointments in the competitive service, for

such period of time as the Secretary determines necessary: Provided,

That the basic pay of an Indian probate judge so appointed may

be fixed by the Secretary without regard to the provisions of chapter

51, and subchapter III of chapter 53 of title 5, United States

Code, governing the classification and pay of General Schedule

employees, except that no such Indian probate judge may be paid

at a level which exceeds the maximum rate payable for the highest

grade of the General Schedule, including locality pay.

SEC. 114. Notwithstanding any other provision of law, the

Secretary of the Interior is authorized to redistribute any Tribal

Priority Allocation funds, including tribal base funds, to alleviate

tribal funding inequities by transferring funds to address identified,

25 USC 450e–3.

PUBLIC LAW 108–447—DEC. 8, 2004 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. (a) The Secretary of the Interior shall hereafter

take such action as may be necessary to ensure that the lands

comprising the Huron Cemetery in Kansas City, Kansas (as

described in section 123 of Public Law 106–291) are used only

in accordance with this section.

(b) The lands of the Huron Cemetery shall be used only: (1)

for religious and cultural uses that are compatible with the use

of the lands as a cemetery; and (2) as a burial ground.

SEC. 117. Notwithstanding any other provision of law, in conveying the Twin Cities Research Center under the authority provided by Public Law 104–134, as amended by Public Law 104–

208, the Secretary may accept and retain land and other forms

of reimbursement: Provided, That the Secretary may retain and

use any such reimbursement until expended and without further

appropriation: (1) for the benefit of the National Wildlife Refuge

System within the State of Minnesota; and (2) for all activities

authorized by Public Law 100–696; 16 U.S.C. 460zz.

SEC. 118. Notwithstanding 31 U.S.C. 3302(b), sums received

by the Bureau of Land Management for the sale of seeds or seedlings, may hereafter be credited to the appropriation from which

funds were expended to acquire or grow the seeds or seedlings

and are available without fiscal year limitation.

SEC. 119. The Secretary of the Interior may use or contract

for the use of helicopters or motor vehicles on the Sheldon and

Hart National Wildlife Refuges for the purpose of capturing and

transporting horses and burros. The provisions of subsection (a)

of the Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be

applicable to such use. Such use shall be in accordance with humane

procedures prescribed by the Secretary.

SEC. 120. (a) LIMITATION ON INCREASES IN CLAIMS MAINTENANCE AND LOCATION FEES.—The fees established in 30 U.S.C.

28f and 28g shall be equal to the fees in effect immediately prior

to the rule of July 1, 2004 (69 Fed. Reg. 40,294) until the Department of the Interior has complied with the obligations established

in subsections (b) and (c).

(b) ESTABLISHMENT OF PERMIT TRACKING SYSTEM.—The Department of the Interior shall establish a nationwide tracking system

to determine and address the length of time from submission of

a plan of operations to mine on public lands to final approval

of such submission.

(c) REPORT.—Within 1 year of enactment, the Department shall

file a detailed report with the House and Senate Committees on

Appropriations and the Committee on Resources of the House of

Representatives and the Committee on Energy and Natural

Resources of the Senate providing detailed information on the length

43 USC 1474e.

Kansas.

Cemeteries.

118 STAT. 3066 PUBLIC LAW 108–447—DEC. 8, 2004

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 MasterMonitor, 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

PUBLIC LAW 108–447—DEC. 8, 2004 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. 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:

Notices.

Mining.

Claims.

118 STAT. 3068 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘that provides that (except in a case in which the proceeds of

a lease are provided to the Foundation to carry out the purposes

for which the Foundation was established), if the land described

in paragraph (3) is sold, leased, or otherwise conveyed by the

Foundation—’’.

SEC. 135. AMENDMENT OF THE SURFACE MINING CONTROL AND

RECLAMATION ACT OF 1977. (a) Section 402(b) of the Surface Mining

Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended

by striking ‘‘September 30, 2004’’ and inserting ‘‘June 30, 2005’’.

(b) Section 125 of Public Law 108–309 is hereby repealed.

SEC. 136. Notwithstanding any other provision of law, the

Secretary of the Interior is authorized to acquire lands, waters,

or interests therein including the use of all or part of any pier,

dock, or landing within the State of New York and the State

of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors

to Ellis, Governors, and Liberty Islands, and of other program

and administrative activities, by donation or with appropriated

funds, including franchise fees (and other monetary consideration),

or by exchange; and the Secretary is authorized to negotiate and

enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions

as the Secretary may determine reasonable.

SEC. 137. ERNEST F. HOLLINGS ACE BASIN NATIONAL WILDLIFE

REFUGE. (a) REDESIGNATION.—The ACE Basin National Wildlife

Refuge in the State of South Carolina shall be known and designated as the ‘‘Ernest F. Hollings ACE Basin National Wildlife

Refuge’’.

(b) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the refuge

referred to in subsection (a) shall be deemed to be a reference

to the ‘‘Ernest F. Hollings ACE Basin National Wildlife Refuge’’.

SEC. 138. FINANCIAL ASSISTANCE; FLOOD INSURANCE. The

limitations on Federal expenditures or financial assistance in section 5 of the Coastal Barrier Resources Act (16 U.S.C. 3504) and

the limitations on flood insurance coverage in section 1321(a) of

the National Flood Insurance Act of 1968 (42 U.S.C. 4028(a)) shall

not apply to lots 15, 16, 25, and 29 within the Jeremy Cay Subdivision on Edisto Island, South Carolina, depicted on the reference

map entitled ‘‘John H. Chafee Coastal Barrier Resources System

Edisto Complex M09/M09P’’ dated January 24, 2003.

SEC. 139. (a) There is hereby released, without consideration,

all right, title, and interest of the United States in and to the

surface portion of that portion of the existing building located

at 615 North Burnett Road in Tipton, California, which encroaches

upon land that, subject to a reversionary interest, was conveyed

by the United States pursuant to the Act of July 27, 1866 (14

Stat. 292). The United States retains any subsurface mineral rights

held by the United States as of the date of the enactment of

this Act associated with that property. The Secretary of the Interior

shall execute and file in the appropriate office a deed of release,

amended deed, or other appropriate instrument effectuating the

release of interests made by this subsection.

(b) Section 314 of the National Parks and Recreation Act of

1978 (Public Law 95–625; 92 Stat. 3480) is amended—

(1) in subsection (c)(2), by striking ‘‘Such rights of use

and occupancy shall be for not more than twenty-five years

16 USC 45f.

California.

Federal buildings

and facilities.

South Carolina.

16 USC 668dd

note.

Ante, p. 1142.

PUBLIC LAW 108–447—DEC. 8, 2004 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 is amended by

striking ‘‘one renewal’’ and inserting ‘‘3 renewals’’.

(2) Section 3 of Public Law 99–338 is amended to read as

follows:

‘‘SEC. 3. The permit shall contain the following provisions:

‘‘(1) A prohibition on expansion of the Kaweah Project

in Sequoia National Park.

‘‘(2) A requirement that an independent safety assessment

of the Kaweah Project be conducted, and that any deficiencies

identified as a result of the assessment would be corrected.

‘‘(3) A requirement that the Secretary prepare and submit

to Congress an update of the July 1983 report on the impact

of the operations of the Kaweah No. 3 facility on Sequoia

National Park.

‘‘(4) A requirement that the permittee pay the park compensation as determined by the Secretary in consultation with

the permittee.

‘‘(5) Any other reasonable terms and conditions that the

Secretary of the Interior deems necessary and proper for the

management and care of Sequoia National Park and the purposes for which it was established.’’.

(3) Public Law 99–338 is further amended by adding at the

end the following new section:

‘‘SEC. 4. The proceeds from any fees imposed pursuant to a

permit issued under this Act shall be retained by Sequoia National

Park and Kings Canyon National Park and shall be available,

without further appropriation, for resources protection, maintenance, and other park operational needs.’’.

SEC. 140. (a) SHORT TITLE.—This section may be cited as the

‘‘Gaylord A. Nelson Apostle Islands National Lakeshore Wilderness

Act’’.

(b) DEFINITIONS.—In this section:

(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Apostle

Islands Lakeshore Wilderness’’, numbered 633/80,058 and dated

September 17, 2004.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(3) HIGH-WATER MARK.—The term ‘‘high-water mark’’

means the point on the bank or shore up to which the water,

by its presence and action or flow, leaves a distinct mark

indicated by erosion, destruction of or change in vegetation

or other easily recognizable characteristic.

(c) DESIGNATION OF APOSTLE ISLANDS NATIONAL LAKESHORE

WILDERNESS.—

(1) DESIGNATION.—Certain lands comprising approximately

33,500 acres within the Apostle Islands National Lakeshore,

as generally depicted on the map referred to in subsection

(b), are hereby designated as wilderness in accordance with

section 3(c) of the Wilderness Act (16 U.S.C. 1132), and therefore as components of the National Wilderness Preservation

System.

(2) MAP AND DESCRIPTION.—

16 USC 1132

note.

Gaylord A.

Nelson Apostle

Islands National

Lakeshore

Wilderness Act.

100 Stat. 641.

16 USC 45a–1

note.

118 STAT. 3070 PUBLIC LAW 108–447—DEC. 8, 2004

(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:

PUBLIC LAW 108–447—DEC. 8, 2004 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. (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;

Migratory Bird

Treaty Reform

Act of 2004.

16 USC 710 note.

118 STAT. 3072 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(ii) it was extirpated after 1918 throughout its

range in the United States and its territories; and

‘‘(iii) after such extirpation, it was reintroduced

in the United States or its territories as a part of

a program carried out by a Federal agency.’’.

(c) PUBLICATION OF LIST.— (1) IN GENERAL.—Not later than 90 days after the date

of enactment of this section, the Secretary of the Interior shall

publish in the Federal Register a list of all nonnative, humanintroduced bird species to which the Migratory Bird Treaty

Act (16 U.S.C. 703 et seq.) does not apply. As necessary, the

Secretary may update and publish the list of species exempted

from protection of the Migratory Bird Treaty Act.

(2) PUBLIC COMMENT.—Before publishing the list under

paragraph (1), the Secretary shall provide adequate time for

public comment.

(3) EFFECT OF SECTION.—Nothing in this subsection shall

delay implementation of other provisions of this section or

amendments made by this section that exclude nonnative,

human-introduced bird species from the application of the

Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).

(d) RELATIONSHIP TO TREATIES.—It is the sense of Congress

that the language of this section is consistent with the intent

and language of the 4 bilateral treaties implemented by this section.

SEC. 144. (a) SHORT TITLE.—This section may be cited as the

‘‘Foundation for Nevada’s Veterans Land Transfer Act of 2004’’.

(b) TRANSFER OF ADMINISTRATIVE JURISDICTION, BUREAU OF

LAND MANAGEMENT LAND, CLARK COUNTY, NEVADA.—

(1) IN GENERAL.—Administrative jurisdiction over the land

described in paragraph (2) is transferred from the Secretary

of the Interior to the Secretary of Veterans Affairs.

(2) DESCRIPTION OF LAND.—The parcel of land referred

to in paragraph (1) is the approximately 150 acres of Bureau

of Land Management land in Clark County, Nevada, as generally depicted on the map entitled ‘‘Veterans Administration

Conveyance’’ and dated September 24, 2004.

(3) USE OF LAND.—The parcel of land described in paragraph (2) shall be used by the Secretary of Veterans Affairs

for the construction and operation of medical and related facilities, as determined to be appropriate by the Secretary of Veterans Affairs.

SEC. 145. CUMBERLAND ISLAND WILDERNESS BOUNDARY

ADJUSTMENT. (a) IN GENERAL.—Public Law 97–250 (96 Stat. 709)

is amended by striking section 2 and inserting the following:

‘‘SEC. 2. CUMBERLAND ISLAND WILDERNESS.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) MAP.—The term ‘map’ means the map entitled ‘Cumberland Island Wilderness’, numbered 640/20,038I, and dated

September 2004.

‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary

of the Interior.

‘‘(3) WILDERNESS.—The term ‘Wilderness’ means the Cumberland Island Wilderness established by subsection (b).

‘‘(4) POTENTIAL WILDERNESS.—The term ‘Potential Wilderness’ means the 10,500 acres of potential wilderness described

in subsection (c)(2), but does not include the area at the north

Cumberland

Island

Wilderness

Boundary

Adjustment Act

of 2004.

16 USC 1132

note.

Foundation for

Nevada’s

Veterans Land

Transfer Act of

2004.

16 USC 703 note.

Deadline.

Federal Register,

publication.

16 USC 703 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3073

end of Cumberland Island known as the ‘High Point HalfMoon Bluff Historic District’.

‘‘(b) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—Approximately 9,886 acres of land in

the Cumberland Island National Seashore depicted on the map

as ‘Wilderness’ is designated as a component of the National

Wilderness Preservation System and shall be known as the

‘Cumberland Island Wilderness’.

‘‘(2) EXCLUSIONS.—The 25-foot wide roadways depicted on

the map as the ‘Main Road’, ‘Plum Orchard’, and the ‘North

Cut Road’ shall not be included in the Wilderness and shall

be maintained by the Secretary for continued vehicle use.

‘‘(c) ADDITIONAL LAND.—In addition to the land designated

under subsection (b), the Secretary shall—

‘‘(1) on acquisition of the approximately 231 acres of land

identified on the map as ‘Areas Become Designated Wilderness

upon Acquisition by the NPS’; and

‘‘(2) on publication in the Federal Register of a notice

that all uses of the approximately 10,500 acres of land depicted

on the map as ‘Potential Wilderness’ that are prohibited under

the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased, adjust

the boundary of the Wilderness to include the land.

‘‘(d) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National

Park Service.

‘‘(e) ADMINISTRATION.—Subject to valid existing rights, the

Wilderness shall be administered by the Secretary, in accordance

with the applicable provisions of the Wilderness Act (16 U.S.C.

1131 et seq.) governing areas designated by that Act as wilderness

areas, except that—

‘‘(1) any reference in such provisions to the effective date

of that Act shall be deemed to be a reference to the effective

date of this Act; and

‘‘(2) where appropriate, any reference in that Act to the

Secretary of Agriculture shall be deemed to be a reference

to the Secretary.

‘‘(f) EFFECT.—Any person with a right to utility service on

Cumberland Island on the date of enactment of this subsection

shall continue to have the right to utility service in the Wilderness

after the date of enactment of this subsection.

‘‘(g) MANAGEMENT PLAN FOR ACCESS TO MAIN ROAD AND NORTH

CUT ROAD.—Not later than 1 year after the date of the enactment

of the Cumberland Island Wilderness Boundary Adjustment Act

of 2004, the Secretary shall complete a management plan to ensure

that not more than 8 and not less than 5 round trips are made

available daily on the Main Road north of the Plum Orchard Spur

and the North Cut Road by the National Park Service or a concessionaire for the purpose of transporting visitors to and from the

historic sites located adjacent to Wilderness.’’.

(b) TOURS OF CUMBERLAND ISLAND NATIONAL SEASHORE.—Section 6 of Public Law 92–536 (86 Stat. 1066) is amended—

(1) in subsection (b), by inserting ‘‘, except as provided

in subsection (c),’’ before ‘‘no development of the project’’; and

(2) by adding at the end the following:

‘‘(c) TOURS OF THE SEASHORE.—Notwithstanding subsection (b),

the Secretary may enter into not more than 3 concession contracts,

Contracts.

16 USC 429i–5.

Deadline.

Federal Register,

publication.

Notice.

118 STAT. 3074 PUBLIC LAW 108–447—DEC. 8, 2004

as the Secretary determines appropriate, for the provision of tours

for visitors to the seashore that are consistent with—

‘‘(1) this Act;

‘‘(2) the Wilderness Act (16 U.S.C. 1131 et seq.); and

‘‘(3) Public Law 97–250 (96 Stat. 709).’’.

(c) SHORT TITLE.—This section may be cited as the ‘‘Cumberland

Island Wilderness Boundary Adjustment Act of 2004’’.

SEC. 146. Notwithstanding any other provision of law, the

National Park Service final winter use rules published in Part

VII of the Federal Register for November 10, 2004, 69 Fed. Reg.

65348 et seq., shall be in force and effect for the winter use season

of 2004–2005 that commences on or about December 15, 2004.

TITLE II—RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as

authorized by law, $280,278,000, to remain available until

expended: Provided, That of the funds provided, $56,714,000 is

for the forest inventory and analysis program.

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,

and others, and for forest health management, including treatments

of pests, pathogens, and invasive or noxious plants and for restoring

and rehabilitating forests damaged by pests or invasive plants,

cooperative forestry, and education and land conservation activities

and conducting an international program as authorized,

$296,626,000, to remain available until expended, as authorized

by law of which $57,939,000 is to be derived from the Land and

Water Conservation Fund: Provided, That none of the funds provided under this heading for the acquisition of lands or interests

in lands shall be available until the Forest Service notifies the

House Committee on Appropriations and the Senate Committee

on Appropriations, in writing, of specific contractual and grant

details including the non-Federal cost share: Provided further, That

notwithstanding any other provision of law, of the funds provided

under this heading, $2,000,000 shall be made available to Kake

Tribal Corporation as an advance direct lump sum payment to

implement the Kake Tribal Corporation Land Transfer Act (Public

Law 106–283), and $1,500,000 shall be made available to Canton,

North Carolina, as an advance direct lump sum payment for wood

products wastewater treatment repairs.

NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,400,260,000, to remain available until expended, which shall include 50 percent of all moneys

received during prior fiscal years as fees collected under the Land

16 USC 459i

note.

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 3076 PUBLIC LAW 108–447—DEC. 8, 2004

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 nonFederal 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 nonFederal 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,

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 3078 PUBLIC LAW 108–447—DEC. 8, 2004

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $65,000, to

remain available until expended, to be derived from the fund established pursuant to the above Act.

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal

lands in Alaska for subsistence uses under title VIII of the Alaska

National Interest Lands Conservation Act (Public Law 96–487),

$5,962,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

Appropriations to the Forest Service for the current fiscal year

shall be available for: (1) purchase of not to exceed 124 passenger

motor vehicles of which 21 will be used primarily for law enforcement purposes and of which 124 shall be for replacement; acquisition of 25 passenger motor vehicles from excess sources, and hire

of such vehicles; purchase, lease, operation, maintenance, and

acquisition of aircraft from excess sources to maintain the operable

fleet at 195 aircraft for use in Forest Service wildland fire programs

and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with

proceeds derived or trade-in value used to offset the purchase

price for the replacement aircraft; (2) services pursuant to 7 U.S.C.

2225, and not to exceed $100,000 for employment under 5 U.S.C.

3109; (3) purchase, erection, and alteration of buildings and other

public improvements (7 U.S.C. 2250); (4) acquisition of land, waters,

and interests therein pursuant to 7 U.S.C. 428a; (5) for expenses

pursuant to the Volunteers in the National Forest Act of 1972

(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms

as authorized by 5 U.S.C. 5901–5902; and (7) for debt collection

contracts in accordance with 31 U.S.C. 3718(c).

None of the funds made available under this Act shall be

obligated or expended to abolish any region, to move or close any

regional office for National Forest System administration of the

Forest Service, Department of Agriculture without the consent of

the House and Senate Committees on Appropriations.

Any appropriations or funds available to the Forest Service

may be transferred to the Wildland Fire Management appropriation

for forest firefighting, emergency rehabilitation of burned-over or

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon notification of the

House and Senate Committees on Appropriations and if and only

if all previously appropriated emergency contingent funds under

the heading ‘‘Wildland Fire Management’’ have been released by

the President and apportioned and all wildfire suppression funds

under the heading ‘‘Wildland Fire Management’’ are obligated.

The first transfer of funds into the Wildland Fire Management

account shall include unobligated funds, if available, from the Land

Acquisition account and the Forest Legacy program within the

State and Private Forestry account.

Funds appropriated to the Forest Service shall be available

for assistance to or through the Agency for International Development and the Foreign Agricultural Service in connection with forest

Notification.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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

16 USC 583j–9

note.

118 STAT. 3080 PUBLIC LAW 108–447—DEC. 8, 2004

basis funds advanced by the Forest Service: Provided further, That

the Foundation may transfer Federal funds to a non-Federal

recipient for a project at the same rate that the recipient has

obtained the non-Federal matching funds.

Funds appropriated to the Forest Service shall be available

for interactions with and providing technical assistance to rural

communities for sustainable rural development purposes.

Funds appropriated to the Forest Service shall be available

for payments to counties within the Columbia River Gorge National

Scenic Area, pursuant to sections 14(c)(1) and (2), and section

16(a)(2) of Public Law 99–663.

Notwithstanding any other provision of law, any appropriations

or funds available to the Forest Service not to exceed $500,000

may be used to reimburse the Office of the General Counsel (OGC),

Department of Agriculture, for travel and related expenses incurred

as a result of OGC assistance or participation requested by the

Forest Service at meetings, training sessions, management reviews,

land purchase negotiations and similar non-litigation related matters. Future budget justifications for both the Forest Service and

the Department of Agriculture should clearly display the sums

previously transferred and the requested funding transfers.

Any appropriations or funds available to the Forest Service

may be used for necessary expenses in the event of law enforcement

emergencies as necessary to protect natural resources and public

or employee safety: Provided, That such amounts shall not exceed

$1,000,000.

For fiscal years 2005 and 2006, the Secretary of Agriculture

may authorize the sale of excess buildings, facilities, and other

properties owned by the Forest Service and located on the Green

Mountain National Forest, the revenues of which shall be retained

by the Forest Service and available to the Secretary without further

appropriation and until expended for maintenance and rehabilitation activities on the Green Mountain National Forest.

For each fiscal year through 2009, the Secretary of Agriculture

may transfer or reimburse funds available to the Forest Service,

not to exceed $15,000,000, to the Secretary of the Interior or the

Secretary of Commerce to expedite conferencing and consultations

as required under section 7 of the Endangered Species Act, 16

U.S.C. 1536. The amount of the transfer or reimbursement shall

be as mutually agreed by the Secretary of Agriculture and the

Secretary of the Interior or Secretary of Commerce, as applicable,

or their designees. The amount shall in no case exceed the actual

costs of consultation and conferencing.

Beginning on June 30, 2001 and concluding on December 31,

2005, an eligible individual who is employed in any project funded

under title V of the Older American Act of 1965 (42 U.S.C. 3056

et seq.) and administered by the Forest Service shall be considered

to be a Federal employee for purposes of chapter 171 of title 28,

United States Code.

Any funds appropriated to the Forest Service may be used

to meet the non-Federal share requirement in section 502(c) of

the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).

Funds available to the Forest Service in this Act may be used

for the purpose of expenses associated with primary and secondary

schooling for dependents of agency personnel stationed in Puerto

Rico prior to the date of enactment of this Act, who are subject

to transfer and reassignment to other locations in the United States,

Termination

date.

PUBLIC LAW 108–447—DEC. 8, 2004 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 WasatchCache 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 nonFederal 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

118 STAT. 3082 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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, 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.

Reports.

118 STAT. 3084 PUBLIC LAW 108–447—DEC. 8, 2004

DEPARTMENT OF HEALTH AND HUMAN SERVICES

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health

Care Improvement Act, and titles II and III of the Public Health

Service Act with respect to the Indian Health Service,

$2,633,072,000, together with payments received during the fiscal

year pursuant to 42 U.S.C. 238(b) for services furnished by the

Indian Health Service: Provided, That funds made available to

tribes and tribal organizations through contracts, grant agreements,

or any other agreements or compacts authorized by the Indian

Self-Determination and Education Assistance Act of 1975 (25 U.S.C.

450), shall be deemed to be obligated at the time of the grant

or contract award and thereafter shall remain available to the

tribe or tribal organization without fiscal year limitation: Provided

further, That up to $18,000,000 shall remain available until

expended, for the Indian Catastrophic Health Emergency Fund:

Provided further, That $487,085,000 for contract medical care shall

remain available for obligation until September 30, 2006: Provided

further, That of the funds provided, up to $27,000,000 to remain

available until expended, shall be used to carry out the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That funds provided in this Act may

be used for one-year contracts and grants which are to be performed

in two fiscal years, so long as the total obligation is recorded

in the year for which the funds are appropriated: Provided further,

That the amounts collected by the Secretary of Health and Human

Services under the authority of title IV of the Indian Health Care

Improvement Act shall remain available until expended for the

purpose of achieving compliance with the applicable conditions and

requirements of titles XVIII and XIX of the Social Security Act

(exclusive of planning, design, or construction of new facilities):

Provided further, That funding contained herein, and in any earlier

appropriations Acts for scholarship programs under the Indian

Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by

tribes and tribal organizations under title IV of the Indian Health

Care Improvement Act shall be reported and accounted for and

available to the receiving tribes and tribal organizations until

expended: Provided further, That, notwithstanding any other provision of law, of the amounts provided herein, not to exceed

$267,398,000 shall be for payments to tribes and tribal organizations for contract or grant support costs associated with contracts,

grants, self-governance compacts or annual funding agreements

between the Indian Health Service and a tribe or tribal organization

pursuant to the Indian Self-Determination Act of 1975, as amended,

prior to or during fiscal year 2005, of which not to exceed $2,500,000

may be used for contract support costs associated with new or

expanded self-determination contracts, grants, self-governance compacts or annual funding agreements: Provided further, That funds

available for the Indian Health Care Improvement Fund may be

used, as needed, to carry out activities typically funded under

the Indian Health Facilities account: Provided further, That of

the amounts provided to the Indian Health Service, $15,000,000

Reports.

Records.

PUBLIC LAW 108–447—DEC. 8, 2004 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 SelfDetermination 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

118 STAT. 3086 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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 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 SelfDetermination 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.

Oklahoma.

25 USC 1660b

note.

118 STAT. 3088 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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

118 STAT. 3090 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 3092 PUBLIC LAW 108–447—DEC. 8, 2004

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic

Preservation (Public Law 89–665, as amended), $4,600,000: Provided, That none of these funds shall be available for compensation

of level V of the Executive Schedule or higher positions.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses, as authorized by the National Capital

Planning Act of 1952 (40 U.S.C. 71–71i), including services as

authorized by 5 U.S.C. 3109, $8,000,000: Provided, That one-quarter

of 1 percent of the funds provided under this heading may be

used for official reception and representational expenses to host

international visitors engaged in the planning and physical development of world capitals.

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized

by Public Law 106–292 (36 U.S.C. 2301–2310), $41,433,000, of

which $1,900,000 for the museum’s repair and rehabilitation program and $1,264,000 for the museum’s exhibitions program shall

remain available until expended.

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus

Parks and Public Lands Management Act of 1996, $20,000,000

shall be available to the Presidio Trust, to remain available until

expended.

TITLE III—GENERAL PROVISIONS

SEC. 301. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under

existing law, or under existing Executive order issued pursuant

to existing law.

SEC. 302. No part of any appropriation contained in this Act

shall be available for any activity or the publication or distribution

of literature that in any way tends to promote public support

or opposition to any legislative proposal on which congressional

action is not complete.

SEC. 303. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 304. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal

Contracts.

Public

information.

PUBLIC LAW 108–447—DEC. 8, 2004 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) 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 thirdparty 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 selfdetermination 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

Contracts.

118 STAT. 3094 PUBLIC LAW 108–447—DEC. 8, 2004

purposes, except that, for the Bureau of Indian Affairs, tribes and

tribal organizations may use their tribal priority allocations for

unmet indirect costs of ongoing contracts, grants, self-governance

compacts or annual funding agreements.

SEC. 309. Of the funds provided to the National Endowment

for the Arts:

(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American

Jazz Masters Fellowship.

(2) The Chairperson shall establish procedures to ensure

that no funding provided through a grant, except a grant made

to a State or local arts agency, or regional group, may be

used to make a grant to any other organization or individual

to conduct activity independent of the direct grant recipient.

Nothing in this subsection shall prohibit payments made in

exchange for goods and services.

(3) No grant shall be used for seasonal support to a group,

unless the application is specific to the contents of the season,

including identified programs and/or projects.

SEC. 310. The National Endowment for the Arts and the

National Endowment for the Humanities are authorized to solicit,

accept, receive, and invest in the name of the United States, gifts,

bequests, or devises of money and other property or services and

to use such in furtherance of the functions of the National Endowment for the Arts and the National Endowment for the Humanities.

Any proceeds from such gifts, bequests, or devises, after acceptance

by the National Endowment for the Arts or the National Endowment for the Humanities, shall be paid by the donor or the representative of the donor to the Chairman. The Chairman shall

enter the proceeds in a special interest-bearing account to the

credit of the appropriate endowment for the purposes specified

in each case.

SEC. 311. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the

Chairperson of the National Endowment for the Arts shall ensure

that priority is given to providing services or awarding financial

assistance for projects, productions, workshops, or programs that

serve underserved populations.

(b) In this section:

(1) The term ‘‘underserved population’’ means a population

of individuals, including urban minorities, who have historically

been outside the purview of arts and humanities programs

due to factors such as a high incidence of income below the

poverty line or to geographic isolation.

(2) The term ‘‘poverty line’’ means the poverty line (as

defined by the Office of Management and Budget, and revised

annually in accordance with section 673(2) of the Community

Services Block Grant Act (42 U.S.C. 9902(2)) applicable to

a family of the size involved.

(c) In providing services and awarding financial assistance

under the National Foundation on the Arts and Humanities Act

of 1965 with funds appropriated by this Act, the Chairperson of

the National Endowment for the Arts shall ensure that priority

is given to providing services or awarding financial assistance for

projects, productions, workshops, or programs that will encourage

Procedures.

Grants.

PUBLIC LAW 108–447—DEC. 8, 2004 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) the Chairperson shall establish a grant category for

projects, productions, workshops, or programs that are of

national impact or availability or are able to tour several States;

(2) the Chairperson shall not make grants exceeding 15

percent, in the aggregate, of such funds to any single State,

excluding grants made under the authority of paragraph (1);

(3) the Chairperson shall report to the Congress annually

and by State, on grants awarded by the Chairperson in each

grant category under section 5 of such Act; and

(4) the Chairperson shall encourage the use of grants to

improve and support community-based music performance and

education.

SEC. 312. No part of any appropriation contained in this Act

shall be expended or obligated to complete and issue the 5-year

program under the Forest and Rangeland Renewable Resources

Planning Act.

SEC. 313. None of the funds in this Act may be used to support

Government-wide administrative functions unless such functions

are justified in the budget process and funding is approved by

the House and Senate Committees on Appropriations.

SEC. 314. Notwithstanding any other provision of law, for fiscal

year 2005 the Secretaries of Agriculture and the Interior are authorized to limit competition for watershed restoration project contracts

as part of the ‘‘Jobs in the Woods’’ Program established in Region

10 of the Forest Service to individuals and entities in historically

timber-dependent areas in the States of Washington, Oregon,

northern California, Idaho, Montana, and Alaska that have been

affected by reduced timber harvesting on Federal lands. The Secretaries shall consider the benefits to the local economy in evaluating

bids and designing procurements which create economic opportunities for local contractors.

SEC. 315. Amounts deposited during fiscal year 2004 in the

roads and trails fund provided for in the 14th paragraph under

the heading ‘‘FOREST SERVICE’’ of the Act of March 4, 1913

(37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of

Agriculture, without regard to the State in which the amounts

were derived, to repair or reconstruct roads, bridges, and trails

on National Forest System lands or to carry out and administer

projects to improve forest health conditions, which may include

the repair or reconstruction of roads, bridges, and trails on National

Forest System lands in the wildland-community interface where

there is an abnormally high risk of fire. The projects shall emphasize reducing risks to human safety and public health and property

and enhancing ecological functions, long-term forest productivity,

and biological integrity. The projects may be completed in a subsequent fiscal year. Funds shall not be expended under this section

to replace funds which would otherwise appropriately be expended

from the timber salvage sale fund. Nothing in this section shall

be construed to exempt any project from any environmental law.

SEC. 316. Other than in emergency situations, none of the

funds in this Act may be used to operate telephone answering

machines during core business hours unless such answering

Contracts.

State listing.

Reports.

Grants.

118 STAT. 3096 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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. A project undertaken by the Forest Service under

the Recreation Fee Demonstration Program as authorized by section

315 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1996, as amended, shall not result

in—

(1) displacement of the holder of an authorization to provide

commercial recreation services on Federal lands. Prior to initiating any project, the Secretary shall consult with potentially

affected holders to determine what impacts the project may

have on the holders. Any modifications to the authorization

shall be made within the terms and conditions of the authorization and authorities of the impacted agency; and

(2) the return of a commercial recreation service to the

Secretary for operation when such services have been provided

in the past by a private sector provider, except when—

(A) the private sector provider fails to bid on such

opportunities;

(B) the private sector provider terminates its relationship with the agency; or

(C) the agency revokes the permit for non-compliance

with the terms and conditions of the authorization.

In such cases, the agency may use the Recreation Fee Demonstration Program to provide for operations until a subsequent operator

can be found through the offering of a new prospectus.

SEC. 320. Prior to October 1, 2005, the Secretary of Agriculture

shall not be considered to be in violation of subparagraph 6(f)(5)(A)

of the Forest and Rangeland Renewable Resources Planning Act

of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years

have passed without revision of the plan for a unit of the National

Forest System. Nothing in this section exempts the Secretary from

any other requirement of the Forest and Rangeland Renewable

Resources Planning Act (16 U.S.C. 1600 et seq.) or any other

law: Provided, That if the Secretary is not acting expeditiously

and in good faith, within the funding available, to revise a plan

for a unit of the National Forest System, this section shall be

void with respect to such plan and a court of proper jurisdiction

may order completion of the plan on an accelerated basis.

SEC. 321. No funds provided in this Act may be expended

to conduct preleasing, leasing and related activities under either

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the

boundaries of a National Monument established pursuant to the

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary

existed on January 20, 2001, except where such activities are

16 USC 1604

note.

16 USC 460l–6a

note.

118 STAT. 3098 PUBLIC LAW 108–447—DEC. 8, 2004

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,

PUBLIC LAW 108–447—DEC. 8, 2004 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 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

117 Stat. 1314.

118 STAT. 3100 PUBLIC LAW 108–447—DEC. 8, 2004

for fiscal year 2005, not more than the maximum amount

specified in paragraph (2) may be used by the Secretary of

Energy or the Secretary of the Interior to initiate or continue

competitive sourcing studies in fiscal year 2005 for programs,

projects, and activities for which funds are appropriated by

this Act until such time as the Secretary concerned submits

a reprogramming proposal to the Committees on Appropriations

of the Senate and the House of Representatives, and such

proposal has been processed consistent with the reprogramming

guidelines in House Report 108–330.

(2) For the purposes of paragraph (1) the maximum

amount—

(A) with respect to the Department of Energy is

$500,000; and

(B) with respect to the Department of the Interior

is $3,250,000.

(3) Of the funds appropriated by this Act, not more than

$2,000,000 may be used in fiscal year 2005 for competitive

sourcing studies and related activities by the Forest Service.

(b) COMPETITIVE SOURCING STUDY DEFINED.—In this section,

the term ‘‘competitive sourcing study’’ means a study on subjecting

work performed by Federal Government employees or private contractors to public-private competition or on converting the Federal

Government employees or the work performed by such employees

to private contractor performance under the Office of Management

and Budget Circular A–76 or any other administrative regulation,

directive, or policy.

(c) Section 340(b) of Public Law 108–108 is hereby repealed.

(d) COMPETITIVE SOURCING EXEMPTION FOR FOREST SERVICE

STUDIES CONDUCTED PRIOR TO FISCAL YEAR 2005.—Notwithstanding requirements of Office of Management and Budget Circular A–76, Attachment B, the Forest Service is hereby exempted

from implementing the Letter of Obligation and post-competition

accountability guidelines where a competitive sourcing study

involved 65 or fewer full-time equivalents, the performance decision

was made in favor of the agency provider; no net savings was

achieved by conducting the study, and the study was completed

prior to the date of this Act.

(e) In preparing any reports to the Committees on Appropriations on competitive sourcing activities, agencies funded in this

Act shall include the incremental cost directly attrib utable 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.

31 USC 501 note.

PUBLIC LAW 108–447—DEC. 8, 2004 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). In the event the Secretary and the Association

for any reason do not complete the sale within 2 years from the

date of enactment of this Act, this authority shall expire.

(c) LEGAL DESCRIPTION AND CORRECTION AUTHORITY.—

(1) DESCRIPTION.—The Mill Creek parcel, approximately

35 acres, as shown on a map ‘‘The Mill Creek Conveyance

Parcel—San Bernardino National Forest, dated June 1, 2004’’

generally located in the northeast quarter of Section 8, T.1S.,

R.1W., San Bernardino Meridian, of the United States Public

Lands Survey System, California. The map shall be on file

and available for inspection in the office of the Chief, Forest

Service, Washington, DC and in the office of the Forest Supervisor, San Bernardino National Forest until such time as the

lands are conveyed.

(2) CORRECTIONS.—The Secretary is authorized to make

minor corrections to this map and may modify the description

to correct errors or to reconfigure the property in order to

facilitate conveyance. In the event of a conflict between the

map description and the USPLSS description of the land in

paragraph (1), the map will be considered the definitive description of the land.

(d) CONSIDERATION.—Consideration for the conveyance under

subsection (b) shall be equal to the appraised fair market value

of the parcel of real property to be conveyed. Such appraisal shall

be prepared in conformity with the Uniform Appraisal Standards

for Federal Land Acquisition.

(e) ACCESS REQUIREMENTS.—Notwithstanding section 1323(a)

of the Alaska National Interest Lands Conservation Act (16 U.S.C.

3210(a)) or any other law, the Secretary is not required to provide

access over National Forest System lands to the parcel of real

estate to be conveyed under subsection (b).

(f) ADMINISTRATIVE COSTS.—All costs incurred by the Secretary

of Agriculture and any costs associated with the creation of a

subdivided parcel, conducting and recordation of a survey, zoning,

California.

Expiration date.

118 STAT. 3102 PUBLIC LAW 108–447—DEC. 8, 2004

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.

PUBLIC LAW 108–447—DEC. 8, 2004 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.—

118 STAT. 3104 PUBLIC LAW 108–447—DEC. 8, 2004

(1) The Secretary of Agriculture and the Secretary of the

Interior are authorized to make grants to the Eastern Nevada

Landscape Coalition for the study and restoration of rangeland

and other lands in Nevada’s Great Basin in order to help

assure the reduction of hazardous fuels and for related purposes.

(2) Notwithstanding 31 U.S.C. 6301–6308, the Director of

the Bureau of Land Management shall enter into a cooperative

agreement with the Eastern Nevada Landscape Coalition for

the Great Basin Restoration Project, including hazardous fuels

and mechanical treatments and related work.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as are necessary to carry out this

section.

SEC. 342. (a) FINDINGS.— (1) In 1953, Public Land Order 899 (PLO 899) eliminated

approximately 80 acres from the Tongass National Forest, for

the Community of Elfin Cove, Alaska. From 1953 until 2001,

the USDA Forest Service believed two small islets within the

Elfin Cove Harbor (Lots 1 and 2 of U.S. Survey 13150, approximately 0.29 acres) were included as part of PLO 899. However,

due to a Bureau of Land Management rule in effect when

PLO 899 was issued, ownership of unsurveyed, unmapped islets

remained with the original landowner, in this case the United

States.

(2) These two islets are needed by the Community of Elfin

Cove to resolve public health and safety problems.

(3) The two islets serve no national forest purposes, but

the Forest Service has no authority to transfer ownership of

them to the Community of Elfin Cove, without receiving fair

market value for the land interests.

(4) Neither the Bureau of Land Management nor the Forest

Service intended to retain Federal ownership of these two islets,

and they remained in ownership of the United States only

through an inadvertent error.

(5) Conveyance of these two islets from the United States

to the Community of Elfin Cove, Alaska, without consideration,

is in the public interest.

(b) Based on the findings in subsection (a) and notwithstanding

any other provision of law, Congress hereby authorizes and directs

the Secretary of Agriculture to convey in fee simple without compensation, Lots 1 and 2 of U.S. Survey 13150, comprising approximately 0.29 acres, to the Community of Elfin Cove, Alaska.

SEC. 343. (a) Notwithstanding any other provision of law, and

until October 1, 2007, the Indian Health Service may not disburse

funds for the provision of health care services pursuant to Public

Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village

or Alaska Native village corporation that is located within the

area served by an Alaska Native regional health entity.

(b) Nothing in this section shall be construed to prohibit the

disbursal of funds to any Alaska Native village or Alaska Native

village corporation under any contract or compact entered into

prior to May 1, 2004, or to prohibit the renewal of any such

agreement.

(c) For the purpose of this section, Eastern Aleutian Tribes,

Inc., shall be treated as an Alaska Native regional health entity

to whom funds may be disbursed under this section.

Health and

health care.

Alaska.

Contracts.

Grants.

Nevada.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3105

SEC. 344. Notwithstanding any other provision of law and using

funds previously appropriated for such purpose under Public Law

106–291 ($1,630,000) and Public Law 108–199 ($2,300,000), the

National Park Service shall (1) not later than 60 days after enactment of this section purchase the seven parcels of real property

in Seward, Alaska identified by Kenai Peninsula tax identification

numbers 14910001, 14910002, 14911033, 14913005, 14913020,

14913007, and 14913008 that have been selected for the administrative complex, visitor facility, plaza and related parking for the

Kenai Fjords National Park and Chugach National Forest which

shall hereafter be known as the Mary Lowell Center; and (2)

transfer to the City of Seward any remaining balance of previously

appropriated funds not necessary for property acquisition and

design upon the vacation by the City of Seward of Washington

Street between 4th Avenue and 5th Avenue and transfer of title

of the appropriate portions thereof to the Federal Government,

provided that the City of Seward uses any such funds for the

related waterfront planning, pavilions, boardwalks, trails, or related

purposes that compliment the new Federal facility.

SEC. 345. Section 331, of Public Law 106–113, is amended—

(1) in part (a) by striking ‘‘2004’’ and inserting ‘‘2005’’;

and

(2) in part (b) by striking ‘‘2004’’ and inserting ‘‘2005’’.

SEC. 346. FEDERAL BUILDING, SANDPOINT, IDAHO. (a) DEFINITIONS.—In this section:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of General Services.

(2) MAP.—The term ‘‘map’’ means the map that is—

(A) entitled ‘‘Sandpoint Federal Building’’;

(B) dated September 12, 2002; and

(C) on file in—

(i) the Office of the Chief of the Forest Service;

and

(ii) the Office of the Supervisor, Idaho National

Forests, Coeur d’Alene, Idaho.

(3) PROPERTY.—The term ‘‘property’’ means the Sandpoint

Federal Building and approximately 3.17 acres of land in

Sandpoint, Idaho, as depicted on the map.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture, acting through the Chief of the Forest Service.

(b) CONVEYANCE OF PROPERTY.—

(1) IN GENERAL.—Notwithstanding subtitle I of title 40,

United States Code, the Administrator may convey to the Secretary, all right, title, and interest of the United States in

and to the property.

(2) CONDITIONS.—The conveyance of the property under

paragraph (1) shall be on a noncompetitive basis, for consideration, and subject to any other terms and conditions to which

the Administrator and the Secretary may agree, including a

purchase period with multiple payments over multiple fiscal

years.

(3) SOURCE OF FUNDS.—The Secretary may use amounts

made available to the Forest Service for any of fiscal years

2005 through 2010 to acquire the property under paragraph

(1).

(c) SALE OR EXCHANGE OF PROPERTY.—

16 USC 497 note.

Deadline.

Real property.

118 STAT. 3106 PUBLIC LAW 108–447—DEC. 8, 2004

(1) IN GENERAL.—Subject to paragraph (2), the Secretary

may use, maintain, lease, sublease, sell, or exchange all or

part of the property.

(2) TERMS.—The sale or exchange of the property under

paragraph (1) shall be for market value and subject to such

terms as the Secretary determines to be in the public interest.

(3) METHOD OF SALE OR EXCHANGE.—The sale or exchange

of the property under paragraph (1) may be on a competitive

or noncompetitive basis.

(4) CONSIDERATION.—Consideration for the sale or

exchange of the property may be in the form of cash, land,

or improvements (including improvements to be constructed

after the date of the sale or exchange).

(3) DISPOSITION AND USE OF PROCEEDS.— (A) DISPOSITION OF PROCEEDS.—The Secretary shall

deposit the proceeds derived from any lease, sublease, sale,

exchange, or any other use or disposition of the property

in the fund established by Public Law 90–171 (commonly

known as the ‘‘Sisk Act’’) (16 U.S.C. 484a).

(B) USE OF PROCEEDS.—Amounts deposited under

subparagraph (A) shall be available to the Secretary, without further appropriation, until expended, for the construction and maintenance of Forest Service offices and related

facilities on National Forest System land in the vicinity

of Sandpoint, Idaho.

SEC. 347. (a) SHORT TITLE.—This section may be cited as the

‘‘Chris Zajicek Memorial Land Exchange Act of 2004’’.

(b) NATIONAL FOREST SYSTEM LAND EXCHANGE IN THE STATE

OF FLORIDA.—

(1) IN GENERAL.—Notwithstanding the effect of the wildfire

known as the ‘‘Impassable 1 Fire’’ on the value of the land

to be exchanged, the Secretary of Agriculture (acting through

the Chief of the Forest Service) may carry out the exchange

agreement entered into by the Forest Service and the Board

of Trustees of the Internal Improvement Trust Fund of the

State of Florida and dated March 5, 2004.

(2) VALUATION.—For purposes of determining the value

of the land to be exchanged under paragraph (1), the value

of the land shall be considered to be the value of the land

determined by the appraisal conducted on August 21, 2003.

SEC. 348. (a) SHORT TITLE.—This section may be cited as the

‘‘Grey Towers National Historic Site Act of 2004’’.

(b) FINDINGS; PURPOSES; DEFINITIONS.—

(1) FINDINGS.—Congress finds the following:

(A) James and Mary Pinchot constructed a home and

estate that is known as Grey Towers in Milford, Pennsylvania.

(B) James and Mary Pinchot were also the progenitors

of a family of notable accomplishment in the history of

the Commonwealth of Pennsylvania and the Nation, in

particular, their son, Gifford Pinchot. 

(C) Gifford Pinchot was the first Chief of the Forest

Service, a major influence in formulating and implementing

forest conservation policies in the early 20th Century, and

twice Governor of Pennsylvania.

(D) During the early 20th century, James and Gifford

Pinchot used Grey Towers and the environs to establish

Gifford Pinchot.

James Pinchot.

Mary Pinchot.

Grey Towers

National Historic

Site Act of 2004.

Pennsylvania.

16 USC 461 note.

Chris Zajicek

Memorial Land

Exchange Act of

2004.

PUBLIC LAW 108–447—DEC. 8, 2004 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) In 1963, Gifford Bryce Pinchot, the son of Gifford

and Cornelia Pinchot, donated Grey Towers and 102 acres

to the Nation.

(F) In 1963, President John F. Kennedy dedicated the

Pinchot Institute for Conservation for the greater knowledge of land and its uses at Grey Towers National Historic

Landmark, thereby establishing a partnership between the

public and private sectors.

(G) Grey Towers today is a place of historical significance where leaders in natural resource conservation meet,

study, and share ideas, analyses, values, and philosophies,

and is also a place where the public can learn and appreciate our conservation heritage.

(H) As established by President Kennedy, the Pinchot

Institute for Conservation, and the Forest Service at Grey

Towers operate through an established partnership in

developing and delivering programs that carry on Gifford

Pinchot’s conservation legacy.

(I) Grey Towers and associated structures in and

around Milford, Pennsylvania, can serve to enhance

regional recreational and educational opportunities.

(2) PURPOSES.—The purposes of this section are as follows:

(A) To honor and perpetuate the memory of Gifford

Pinchot.

(B) To promote the recreational and educational

resources of Milford, Pennsylvania, and its environs.

(C) To authorize the Secretary of Agriculture—

(i) to further the scientific, policy analysis, educational, and cultural programs in natural resource

conservation at Grey Towers;

(ii) to manage the property and environs more

efficiently and effectively; and

(iii) to further collaborative ties with the Pinchot

Institute for Conservation, and other Federal, State,

and local agencies with shared interests.

(3) DEFINITIONS.—For the purposes of this section:

(A) ASSOCIATED PROPERTIES.—The term ‘‘Associated

Properties’’ means lands and improvements outside of the

Grey Towers National Historic Landmark within Pike

County, Pennsylvania, and which were associated with

James and Mary Pinchot, the Yale School of Forestry,

or the Forest Service.

(B) GREY TOWERS.—The term ‘‘Grey Towers’’ means

the buildings and surrounding area of approximately 303

acres, including the 102 acres donated in 1963 to the United

States and so designated that year.

(C) HISTORIC SITE.—The term ‘‘Historic Site’’ means

the Grey Towers National Historic Site, as so designated

by this Act.

(D) PINCHOT INSTITUTE.—The term ‘‘Pinchot Institute’’

means the Pinchot Institute for Conservation, a nonprofit

corporation established under the laws of the District of

Columbia.

John F. Kennedy.

Gifford Bryce

Pinchot.

Cornelia Pinchot.

118 STAT. 3108 PUBLIC LAW 108–447—DEC. 8, 2004

(E) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.

(c) DESIGNATION OF NATIONAL HISTORIC SITE.—Subject to valid

existing rights, all lands and improvements formerly encompassed

within the Grey Towers National Historic Landmark are designated

as the ‘‘Grey Towers National Historic Site’’.

(d) ADMINISTRATION.— (1) PURPOSES.—The Historic Site shall be administered

for the following purposes:

(A) Education, public demonstration projects, and

research related to natural resource conservation, protection, management, and use. 

(B) Leadership development within the natural

resource professions and the Federal civil service.

(C) Continuing Gifford Pinchot’s legacy through pursuit

of new ideas, strategies, and solutions to natural resource

issues that include economic, ecological, and social values.

(D) Preservation, use, and maintenance of the

buildings, grounds, facilities, and archives associated with

Gifford Pinchot.

(E) Study and interpretation of the life and works

of Gifford Pinchot.

(F) Public recreation and enjoyment.

(G) Protection and enjoyment of the scenic and natural

environs.

(2) APPLICABLE LAWS.—The Secretary shall administer federally owned lands and interests in lands at the Historic Site

and Associated Properties as components of the National Forest

System in accordance with this Act, 16 U.S.C. 461 et seq.

and other laws generally applicable to the administration of

national historic sites, and the laws, rules, and regulations

applicable to the National Forest System, except that the Forest

and Rangeland Renewable Resources Planning Act of 1974

(16 U.S.C. 1600 et seq.) shall not apply.

(3) LAND ACQUISITION.—The Secretary is authorized to

acquire, on a willing seller basis, by purchase, donation,

exchange, or otherwise, privately owned lands and interests

in lands, including improvements, within the Historic Site and

the Associated Properties, using donated or appropriated funds.

(4) GIFTS.—

(A) ACCEPTED BY ENTITIES OTHER THAN THE SECRETARY.—Subject to such terms and conditions as the Secretary may prescribe, any public or private agency,

organization, institution, or individual may solicit, accept,

and administer private gifts of money and real or personal

property for the benefit of or in connection with, the activities and services at the Historic Site.

(B) ACCEPTED BY THE SECRETARY.—Gifts may be

accepted by the Secretary for the benefit of or in connection

with, the activities and services at the Historic Site notwithstanding the fact that a donor conducts business with

or is regulated by the Department of Agriculture in any

capacity.

(e) COOPERATIVE AUTHORITIES.—

(1) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.— The Secretary is authorized to enter into Agreements for grants,

contracts, and cooperative agreements as appropriate with the

National Forest

System.

Public lands.

PUBLIC LAW 108–447—DEC. 8, 2004 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. (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 BeaverheadDeerlodge 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.

Montana

National Forests

Boundary

Adjustment Act

of 2004.

118 STAT. 3110 PUBLIC LAW 108–447—DEC. 8, 2004

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

(c) HELENA, LOLO, AND BEAVERHEAD-DEERLODGE NATIONAL

FORESTS BOUNDARY ADJUSTMENT.— (1) IN GENERAL.—The boundaries of the Forests are modified as depicted on the maps.

(2) MAPS.— (A) AVAILABILITY.—The maps shall be on file and available for public inspection in—

(i) the Office of the Chief of the Forest Service;

and

(ii) the office of the Regional Forester, Missoula,

Montana.

(B) CORRECTION AUTHORITY.—The Secretary may make

technical corrections to the maps.

(3) ADMINISTRATION.—Any land or interest in land acquired

within the boundaries of the Forests for National Forest System

purposes shall be managed in accordance with—

(A) the Act of March 1, 1911 (commonly known as

the ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.); and

(B) the laws (including regulations) applicable to the

National Forest System.

(4) LAND AND WATER CONSERVATION FUND.—For purposes

of section 7 of the Land and Water Conservation Fund Act

of 1965 (16 U.S.C. 460l–9), the boundaries of the Forests,

as adjusted under paragraph (1), shall be considered to be

the boundaries of the Forests as of January 1, 1965.

(5) EFFECT.—Nothing in this section limits the authority

of the Secretary to adjust the boundaries of the Forests under

section 11 of the Act of March 1, 1911 (16 U.S.C. 521).

SEC. 350. In addition to amounts provided to the Department

of the Interior in this Act, $5,000,000 is provided for a grant

to Kendall County, Illinois.

TITLE IV—SUPPLEMENTAL APPROPRIATIONS FOR URGENT

WILDLAND FIRE SUPPRESSION ACTIVITIES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WILDLAND FIRE MANAGEMENT

For an additional amount for ‘‘Wildland Fire Management’’,

$100,000,000, to remain available until expended, for urgent

wildland fire suppression activities pursuant to section 312 of S.

Con. Res. 95 (108th Congress) as made applicable to the House

of Representatives by H. Res. 649 (108th Congress) and applicable

to the Senate by section 14007 of Public Law 108–287: Provided,

That such funds shall only become available if funds provided

for wildland fire suppression in title I of this Act will be exhausted

imminently and the Secretary of the Interior notifies the House

and Senate Committees on Appropriations and the House and

Senate Committees on the Budget in writing of the need for these

additional funds: Provided further, That such funds are also available for repayment to other appropriation accounts from which

funds were transferred for wildfire suppression: Provided further,

That cost containment measures shall be implemented within this

Reports.

Deadline.

Illinois.

Grant.

PUBLIC LAW 108–447—DEC. 8, 2004 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’’, by striking the phrases ‘‘for fiscal year 2004’’ and ‘‘related

to the fiscal year 2004 fire season’’ in the text preceding the first

proviso.

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

For an additional amount for ‘‘Wildland Fire Management’’, $400,000,000, to remain available until expended, for urgent

wildland fire suppression activities pursuant to section 312 of S.

Con. Res. 95 (108th Congress) as made applicable to the House

of Representatives by H. Res. 649 (108th Congress) and applicable

to the Senate by section 14007 of Public Law 108–287: Provided,

That such funds shall only become available if funds provided

for wildland fire suppression in title II of this Act will be exhausted

imminently and the Secretary of Agriculture notifies the House

and Senate Committees on Appropriations and the House and

Senate Committees on the Budget in writing of the need for these

additional funds: Provided further, That such funds are also available for repayment to other appropriation accounts from which

funds were transferred for wildfire suppression: Provided further,

That cost containment measures shall be implemented within this

account for fiscal year 2005, and the Secretary of Agriculture and

the Secretary of the Interior shall submit a joint report to the

Committees on Appropriations of the Senate and the House of

Representatives on such cost containment measures by December

31, 2005: Provided further, That the Secretary of Agriculture shall

establish an independent cost-control review panel to examine and

report on fire suppression costs for individual wildfire incidents

that exceed $10,000,000 in cost: Provided further, That if the independent review panel report finds that appropriate actions were

not taken to control suppression costs for one or more such wildfire

incidents, then an amount equal to the aggregate estimated excess

costs of suppressing those wildfire incidents shall be transferred

to the Treasury from unobligated balances remaining at the end

of fiscal year 2005 in the Wildland Fire Management account:

Provided further, That Public Law 108–287, title X, chapter 3

is amended under the heading ‘‘Department of Agriculture, Forest

Service, Wildland Fire Management’’, by striking the phrases ‘‘for

fiscal year 2004’’ and ‘‘related to the fiscal year 2004 fire season’’

in the text preceding the first proviso.

TITLE V

SEC. 501. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby

rescinded an amount equal to 0.594 percent of—

(1) the budget authority provided for fiscal year 2005 for

any discretionary account in this Act; and

Ante, p. 1012.

Establishment.

Reports.

Reports.

Deadline.

Applicability.

Applicability.

Ante, p. 1012.

118 STAT. 3112 PUBLIC LAW 108–447—DEC. 8, 2004

(2) the budget authority provided in any advance appropriation for fiscal year 2005 for any discretionary account in the

Department of the Interior and Related Agencies Appropriations Act, 2004.

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—

(1) to each discretionary account and each item of budget

authority described in subsection (a); and

(2) within each such account and item, to each program,

project, and activity (with programs, projects, and activities

as delineated in the appropriation Act or accompanying reports

for the relevant fiscal year covering such account or item,

or for accounts and items not included in appropriation Acts,

as delineated in the most recently submitted President’s

budget).

(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the

heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim

Settlements and Miscellaneous Payments to Indians’’, the acrossthe-board rescission in this section, and any subsequent acrossthe-board rescission for fiscal year 2005, shall apply only to the

first dollar amount in the paragraph and the distribution of the

rescission shall be at the discretion of the Secretary of the Interior

who shall submit a report on such distribution and the rationale

therefor to the House and Senate Committees on Appropriations.

This division may be cited as the ‘‘Department of the Interior

and Related Agencies Appropriations Act, 2005’’.

DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND

HUMAN SERVICES, AND EDUCATION, AND RELATED

AGENCIES APPROPRIATIONS ACT, 2005

TITLE I—DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

(INCLUDING RESCISSION)

For necessary expenses of the Workforce Investment Act of

1998, including the purchase and hire of passenger motor vehicles,

the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as

authorized by such Act; $2,898,957,000 plus reimbursements, of

which $1,885,794,000 is available for obligation for the period July

1, 2005 through June 30, 2006; except that amounts determined

by the Secretary of Labor to be necessary pursuant to sections

173(a)(4)(A) and 174(c) of such Act shall be available from October

1, 2004 until expended; of which $994,242,000 is available for

obligation for the period April 1, 2005 through June 30, 2006,

to carry out chapter 4 of the Act; and of which $16,321,000 is

available for the period July 1, 2005 through June 30, 2008 for

necessary expenses of construction, rehabilitation, and acquisition

of Job Corps centers: Provided, That notwithstanding any other

provision of law, of the funds provided herein under section 137(c)

of the Workforce Investment Act of 1998, $283,371,000 shall be

for activities described in section 132(a)(2)(A) of such Act and

$1,196,048,000 shall be for activities described in section

Department of

Labor

Appropriations

Act, 2005.

Departments of

Labor, Health

and Human

Services, and

Education, and

Related Agencies

Appropriations

Act, 2005.

Applicability.

PUBLIC LAW 108–447—DEC. 8, 2004 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 grant to the AFL–CIO Appalachian

Council, Incorporated, and shall be awarded no later than January

31, 2005.

Of the funds provided under this heading in Public Law 108–

199 for the Employment and Training Administration $1,500,000

shall be for a non-competitive grant to the AFL–CIO Working Grants.

Deadline.

Grants.

Deadline.

118 STAT. 3114 PUBLIC LAW 108–447—DEC. 8, 2004

for America Institute, and shall be awarded no later than January

31, 2005.

Of the funds provided under this heading in Public Law 108–

199 for the Employment and Training Administration, $4,000,000

shall be for a non-competitive grant to the Black Clergy of Philadelphia and Vicinity, and shall be awarded no later than January

31, 2005.

Of the funds provided under this heading in Public Law 108–

199 for the Employment and Training Administration, $2,600,000

shall be for a non-competitive grant to the National Center on

Education and the Economy, and shall be awarded no later than

January 31, 2005.

Notwithstanding any other provision of law, funds awarded

under grants to the State of Tennessee for Workforce Essentials,

Inc., in Clarksville, Tennessee on June 29, 2004, and to Hampton

Roads on behalf of the Hampton Roads Workforce Development

Board in Norfolk, Virginia on June 30, 2001, pursuant to section

173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918),

may be used to provide services to spouses of members of the

armed forces.

The Secretary of Labor shall take no action to amend, through

regulatory or administration action, the definition established in

20 CFR 667.220 for functions and activities under title I of the

Workforce Investment Act of 1998 until such time as legislation

reauthorizing the Act is enacted.

Of the unobligated funds contained in the H–1B Nonimmigrant

Petitioner Account that are available to the Secretary of Labor

pursuant to section 286(s)(2) of the Immigration and Nationality

Act (8 U.S.C. 1356(s)(2)), $100,000,000 are rescinded.

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

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

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of trade adjustment

benefit payments and allowances under part I and section 246;

and for training, allowances for job search and relocation, and

related State administrative expenses under part II of chapter

2, title II of the Trade Act of 1974 (including the benefits and

services described under sections 123(c)(2) and 151(b) and (c) of

the Trade Adjustment Assistance Reform Act of 2002, Public Law

107–210), $1,057,300,000, together with such amounts as may be

necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current

year.

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $141,934,000, together

with not to exceed $3,524,301,000 (including not to exceed

$1,228,000 which may be used for amortization payments to States

which had independent retirement plans in their State employment

service agencies prior to 1980), which may be expended from the

Grants.

Deadline.

Grants.

Religion.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 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 pro- grams, $113,810,000, together with not to exceed $57,663,000, which

118 STAT. 3116 PUBLIC LAW 108–447—DEC. 8, 2004

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

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 3118 PUBLIC LAW 108–447—DEC. 8, 2004

For making benefit payments under title IV for the first quarter of fiscal year 2006, $81,000,000, to remain available until expended.

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Act, $40,821,000, to remain

available until expended: Provided, That the Secretary of Labor

is authorized to transfer to any executive agency with authority

under the Energy Employees Occupational Illness Compensation

Act, including within the Department of Labor, such sums as may

be necessary in fiscal year 2005 to carry out those authorities:

Provided further, That the Secretary may require that any person

filing a claim for benefits under the Act provide as part of such

claim, such identifying information (including Social Security

account number) as may be prescribed.

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

In fiscal year 2005 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund, to remain available until expended, for payment of all benefits authorized by

section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code

of 1954, as amended; and interest on advances, as authorized by

section 9501(c)(2) of that Act. In addition, the following amounts

shall be available from the Fund for fiscal year 2005 for expenses

of operation and administration of the Black Lung Benefits program,

as authorized by section 9501(d)(5): $32,646,000 for transfer to

the Employment Standards Administration ‘‘Salaries and

Expenses’’; $23,705,000 for transfer to Departmental Management,

‘‘Salaries and Expenses’’; $342,000 for transfer to Departmental

Management, ‘‘Office of Inspector General’’; and $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health

Administration, $468,109,000, including not to exceed $91,747,000

which shall be the maximum amount available for grants to States

under section 23(g) of the Occupational Safety and Health Act

(the ‘‘Act’’), which grants shall be no less than 50 percent of the

costs of State occupational safety and health programs required

to be incurred under plans approved by the Secretary under section

18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,

the Occupational Safety and Health Administration may retain

up to $750,000 per fiscal year of training institute course tuition

fees, otherwise authorized by law to be collected, and may utilize

such sums for occupational safety and health training and education

grants: Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal year ending September 30, 2005, to collect and retain fees for services provided

29 USC 670 note.

26 USC 9501

note.

PUBLIC LAW 108–447—DEC. 8, 2004 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.

118 STAT. 3120 PUBLIC LAW 108–447—DEC. 8, 2004

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 firstaid work, and the hire of passenger motor vehicles, including up

to $2,000,000 for mine rescue and recovery activities; in addition,

not to exceed $750,000 may be collected by the National Mine

Health and Safety Academy for room, board, tuition, and the sale

of training materials, otherwise authorized by law to be collected,

to be available for mine safety and health education and training

activities, notwithstanding 31 U.S.C. 3302; and, in addition, the

Mine Safety and Health Administration may retain up to $1,000,000

from fees collected for the approval and certification of equipment,

materials, and explosives for use in mines, and may utilize such

sums for such activities; the Secretary is authorized to accept lands,

buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other

agencies, Federal, State, or private; the Mine Safety and Health

Administration is authorized to promote health and safety education

and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds

available to the department may be used, with the approval of

the Secretary, to provide for the costs of mine rescue and survival

operations in the event of a major disaster.

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics,

including advances or reimbursements to State, Federal, and local

agencies and their employees for services rendered, $455,045,000,

together with not to exceed $78,473,000, which may be expended

from the Employment Security Administration Account in the

Unemployment Trust Fund, of which $5,000,000 may be used to

fund the mass layoff statistics program under section 15 of the

Wagner-Peyser Act (29 U.S.C. 49l–2).

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment

Policy to provide leadership, develop policy and initiatives, and

award grants furthering the objective of eliminating barriers to

the training and employment of people with disabilities,

$47,555,000.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for Departmental Management,

including the hire of three sedans, and including the management

or operation, through contracts, grants or other arrangements of

Departmental activities conducted by or through the Bureau of

30 USC 962.

PUBLIC LAW 108–447—DEC. 8, 2004 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 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.

33 USC 921 note.

118 STAT. 3122 PUBLIC LAW 108–447—DEC. 8, 2004

WORKING CAPITAL FUND

For the acquisition of a new core accounting system for the

Department of Labor, including hardware and software infrastructure and the costs associated with implementation thereof,

$10,000,000.

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in this title for

the Job Corps shall be used to pay the compensation of an individual, either as direct costs or any proration as an indirect cost,

at a rate in excess of Executive Level II.

(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds

(pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended) which are appropriated for the current

fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program,

project, or activity shall be increased by more than 3 percent by

any such transfer: Provided, That the Appropriations Committees

of both Houses of Congress are notified at least 15 days in advance

of any transfer.

SEC. 103. In accordance with Executive Order No. 13126, none

of the funds appropriated or otherwise made available pursuant

to this Act shall be obligated or expended for the procurement

of goods mined, produced, manufactured, or harvested or services

rendered, whole or in part, by forced or indentured child labor

in industries and host countries already identified by the United

States Department of Labor prior to enactment of this Act.

SEC. 104. There is authorized to be appropriated such sums

as may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where

Denali Commission projects will be constructed.

SEC. 105. Not later than 45 days after the date of enactment

of this Act, the Secretary of Labor shall issue a monthly transit

subsidy of not less than the amount each of its employees of the

National Capital Region is eligible to receive, not to exceed a

maximum of $100, as directed by Executive Order No. 13150.

SEC. 106. The Department of Labor shall submit its fiscal

year 2006 congressional budget justifications to the Committees

on Appropriations of the House of Representatives and the Senate

in the format as they were prepared prior to fiscal year 2003.

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2005’’.

TITLE II—DEPARTMENT OF HEALTH AND HUMAN

SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and

XXVI of the Public Health Service Act, section 427(a) of the Federal

Coal Mine Health and Safety Act, title V and sections 1128E,

711, and 1820 of the Social Security Act, the Health Care Quality

Department of

Health and

Human Services

Appropriations

Act, 2005.

Reports.

Deadline.

Transit subsidy.

Notification.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3123

Improvement Act of 1986, as amended, the Native Hawaiian Health

Care Act of 1988, as amended, the Cardiac Arrest Survival Act

of 2000, section 712 of the American Jobs Creation Act of 2004,

and the Poison Control Center Enhancement and Awareness Act,

as amended, $6,856,624,000, of which $484,629,000 shall be available for construction and renovation (including equipment) of health

care and other facilities and other health-related activities as specified in the statement of the managers on the conference report

accompanying this Act, and of which $39,499,000 from general

revenues, notwithstanding section 1820(j) of the Social Security

Act, shall be available for carrying out the Medicare rural hospital

flexibility grants program under section 1820 of such Act: Provided,

That of the funds made available under this heading, $249,000

shall be available until expended for facilities renovations at the

Gillis W. Long Hansen’s Disease Center: Provided further, That

in addition to fees authorized by section 427(b) of the Health Care

Quality Improvement Act of 1986, fees shall be collected for the

full disclosure of information under the Act sufficient to recover

the full costs of operating the National Practitioner Data Bank,

and shall remain available until expended to carry out that Act:

Provided further, That fees collected for the full disclosure of

information under the ‘‘Health Care Fraud and Abuse Data Collection Program’’, authorized by section 1128E(d)(2) of the Social Security Act, shall be sufficient to recover the full costs of operating

the program, and shall remain available until expended to carry

out that Act: Provided further, That $31,000,000 of the funding

provided for community health centers shall be used for base grant

adjustments for existing centers: Provided further, That no more

than $100,000 is available until expended for carrying out the

provisions of 42 U.S.C. 233(o) including associated administrative

expenses: Provided further, That no more than $45,000,000 is available until expended for carrying out the provisions of Public Law

104–73: Provided further, That $9,941,000 is available until

expended for the National Cord Blood Stem Cell Bank Program

as described in House Report 108–401: Provided further, That of

the funds made available under this heading, $288,283,000 shall

be for the program under title X of the Public Health Service

Act to provide for voluntary family planning projects: Provided

further, That amounts provided to said projects under such title

shall not be expended for abortions, that all pregnancy counseling

shall be nondirective, and that such amounts shall not be expended

for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That $793,872,000 shall be for State AIDS Drug

Assistance Programs authorized by section 2616 of the Public

Health Service Act: Provided further, That in addition to amounts

provided herein, $25,000,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry

out Parts A, B, C, and D of title XXVI of the Public Health

Service Act to fund section 2691 Special Projects of National Significance: Provided further, That, notwithstanding section 502(a)(1)

of the Social Security Act, not to exceed $119,158,000 is available

for carrying out special projects of regional and national significance

pursuant to section 501(a)(2) of such Act: Provided further, That

of the funds provided, $40,000,000 shall be provided to the Denali

Commission as a direct lump payment pursuant to Public Law

118 STAT. 3124 PUBLIC LAW 108–447—DEC. 8, 2004

106–113, of which $10,000,000 shall be for a psychiatric treatment

facility in Bethel, Alaska, $10,000,000 shall be for residential and

supportive housing for elders, $2,500,000 shall be for medical and

dental equipment for rural clinics, and $5,000,000 shall be for

upgrade and construction of shelters for victims of domestic violence

and child abuse.

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

Such sums as may be necessary to carry out the purpose

of the program, as authorized by title VII of the Public Health

Service Act, as amended. For administrative expenses to carry

out the guaranteed loan program, including section 709 of the

Public Health Service Act, $3,270,000.

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program

Trust Fund, such sums as may be necessary for claims associated

with vaccine-related injury or death with respect to vaccines

administered after September 30, 1988, pursuant to subtitle 2 of

title XXI of the Public Health Service Act, to remain available

until expended: Provided, That for necessary administrative

expenses, not to exceed $3,176,000 shall be available from the

Trust Fund to the Secretary of Health and Human Services.

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and

XXVI of the Public Health Service Act, sections 101, 102, 103,

201, 202, 203, 301, and 501 of the Federal Mine Safety and Health

Act of 1977, sections 20, 21, and 22 of the Occupational Safety

and Health Act of 1970, title IV of the Immigration and Nationality

Act, and section 501 of the Refugee Education Assistance Act of

1980; including purchase and insurance of official motor vehicles

in foreign countries; and purchase, hire, maintenance, and operation

of aircraft, $4,533,911,000, of which $272,000,000 shall remain

available until expended for equipment, and construction and renovation of facilities, and of which $124,882,000 for international

HIV/AIDS shall remain available until September 30, 2006. In

addition, such sums as may be derived from authorized user fees,

which shall be credited to this account: Provided, That in addition

to amounts provided herein, the following amounts shall be available from amounts available under section 241 of the Public Health

Service Act: (1) $12,794,000 to carry out the National Immunization

Surveys; (2) $109,021,000 to carry out the National Center for

Health Statistics surveys; (3) $24,751,000 to carry out information

systems standards development and architecture and applicationsbased research used at local public health levels; (4) $463,000

for Health Marketing evaluations; (5) $31,000,000 to carry out

Public Health Research; and (6) $87,071,000 to carry out Research

Tools and Approaches activities within the National Occupational

Research Agenda: Provided further, That none of the funds made

available for injury prevention and control at the Centers for Disease Control and Prevention may be used, in whole or in part,

to advocate or promote gun control: Provided further, That up

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3125

to $30,000,000 shall be made available until expended for Individual

Learning Accounts for full-time equivalent employees of the Centers

for Disease Control and Prevention: Provided further, That the

Director may redirect the total amount made available under

authority of Public Law 101–502, section 3, dated November 3,

1990, to activities the Director may so designate: Provided further,

That the Congress is to be notified promptly of any such transfer:

Provided further, That not to exceed $12,500,000 may be available

for making grants under section 1509 of the Public Health Service

Act to not more than 15 States, tribes, or tribal organizations:

Provided further, That without regard to existing statute, funds

appropriated may be used to proceed, at the discretion of the

Centers for Disease Control and Prevention, with property acquisition, including a long-term ground lease for construction on nonFederal land, to support the construction of a replacement laboratory in the Fort Collins, Colorado area: Provided further, That

notwithstanding any other provision of law, a single contract or

related contracts for development and construction of facilities may

be employed which collectively include the full scope of the project:

Provided further, That the solicitation and contract shall contain

the clause ‘‘availability of funds’’ found at 48 CFR 52.232–18: Provided further, That of the funds appropriated, $10,000 is for official

reception and representation expenses when specifically approved

by the Director of the Centers for Disease Control and Prevention.

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to cancer, $4,865,525,000, of which up

to $8,000,000 may be used for facilities repairs and improvements

at the NCI–Frederick Federally Funded Research and Development

Center in Frederick, Maryland.

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to cardiovascular, lung, and blood diseases,

and blood and blood products, $2,965,453,000.

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the Public Health Service Act with respect to dental disease, $395,080,000.

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to diabetes and digestive and kidney disease, $1,727,696,000.

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to neurological disorders and stroke,

$1,552,123,000.

Notification.

118 STAT. 3126 PUBLIC LAW 108–447—DEC. 8, 2004

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(INCLUDING TRANSFER OF FUNDS)

For carrying out section 301 and title IV of the Public Health

Service Act with respect to allergy and infectious diseases,

$4,440,007,000: Provided, That $100,000,000 may be made available

to International Assistance Programs ‘‘Global Fund to Fight HIV/

AIDS, Malaria, and Tuberculosis’’, to remain available until

expended: Provided further, That up to $150,000,000 shall be for

extramural facilities construction grants to enhance the Nation’s

capability to do research on biological and other agents.

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the Public Health Service Act with respect to general medical sciences, $1,959,810,000.

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health

Service Act with respect to child health and human development,

$1,280,915,000.

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to eye diseases and visual disorders,

$674,578,000.

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out sections 301 and 311 and title IV of the

Public Health Service Act with respect to environmental health

sciences, $650,027,000.

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health Service Act with respect to aging, $1,060,666,000.

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN

DISEASES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to arthritis and musculoskeletal and skin

diseases, $515,378,000.

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the Public Health

Service Act with respect to deafness and other communication disorders, $397,507,000.

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health

Service Act with respect to nursing research, $139,198,000.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3127

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health

Service Act with respect to alcohol abuse and alcoholism,

$441,911,000.

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to drug abuse, $1,014,760,000.

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health

Service Act with respect to mental health, $1,423,609,000.

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to human genome research, $492,670,000.

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the Public Health

Service Act with respect to biomedical imaging and bioengineering

research, $300,647,000.

NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to research resources and general research

support grants, $1,124,141,000: Provided, That none of these funds

shall be used to pay recipients of the general research support

grants program any amount for indirect expenses in connection

with such grants: Provided further, That $30,000,000 shall be for

extramural facilities construction grants.

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to complementary and alternative medicine, $123,116,000.

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to minority health and health disparities

research, $197,780,000.

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities at the John E. Fogarty International Center, $67,182,000.

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to health information communications,

$317,947,000, of which $4,000,000 shall be available until expended

for improvement of information systems: Provided, That in fiscal

118 STAT. 3128 PUBLIC LAW 108–447—DEC. 8, 2004

year 2005, the Library may enter into personal services contracts

for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health:

Provided further, That in addition to amounts provided herein,

$8,200,000 shall be available from amounts available under section

241 of the Public Health Service Act to carry out National Information Center on Health Services Research and Health Care Technology and related health services.

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

For carrying out the responsibilities of the Office of the Director, National Institutes of Health, $361,145,000, of which up to

$10,000,000 shall be used to carry out section 217 of this Act:

Provided, That funding shall be available for the purchase of not

to exceed 29 passenger motor vehicles for replacement only: Provided further, That the Director may direct up to 1 percent of

the total amount made available in this or any other Act to all

National Institutes of Health appropriations to activities the

Director may so designate: Provided further, That no such appropriation shall be decreased by more than 1 percent by any such

transfers and that the Congress is promptly notified of the transfer:

Provided further, That the National Institutes of Health is authorized to collect third party payments for the cost of clinical services

that are incurred in National Institutes of Health research facilities

and that such payments shall be credited to the National Institutes

of Health Management Fund: Provided further, That all funds credited to the National Institutes of Health Management Fund shall

remain available for 1 fiscal year after the fiscal year in which

they are deposited: Provided further, That up to $500,000 shall

be available to carry out section 499 of the Public Health Service

Act: Provided further, That of the funds provided $10,000 shall

be for official reception and representation expenses when specifically approved by the Director of NIH: Provided further, That

a uniform percentage of the amounts appropriated in this Act

to each Institute and Center may be utilized for the National

Institutes of Health Roadmap Initiative: Provided further, That

the amount utilized under the preceding proviso shall not exceed

$176,800,000 without prior notification to the Committees on Appropriations of the House of Representatives and the Senate: Provided

further, That amounts utilized under the preceding two provisos

shall be in addition to amounts made available for the Roadmap

Initiative from the Director’s Discretionary Fund and to any

amounts allocated to activities related to the Roadmap Initiative

through the normal research priority-setting process of individual

Institutes and Centers.

BUILDINGS AND FACILITIES

For the study of, construction of, renovation of, and acquisition

of equipment for, facilities of or used by the National Institutes

of Health, including the acquisition of real property, $111,177,000,

to remain available until expended: Provided, That notwithstanding

any other provision of law, single contracts or related contracts,

which collectively include the full scope of the project, may be

employed for the development and construction of the first and

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3129

second phases of the John Edward Porter Neuroscience Research

Center: Provided further, That the solicitations and contracts shall

contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232–

18.

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles V and XIX of the Public Health Service

Act with respect to substance abuse and mental health services,

the Protection and Advocacy for Individuals with Mental Illness

Act, and section 301 of the Public Health Service Act with respect

to program management, $3,295,361,000, of which $23,107,000 shall

be available for projects and in the amounts specified in the statement of the managers on the conference report accompanying this

Act: Provided, That in addition to amounts provided herein, the

following amounts shall be available from amounts available under

section 241 of the Public Health Service Act: (1) $79,200,000 to

carry out subpart II of title XIX of the Public Health Service

Act to fund section 1935(b) technical assistance, national data,

data collection and evaluation activities, and further that the total

available under this Act for section 1935(b) activities shall not

exceed 5 percent of the amounts appropriated for subpart II of

title XIX; (2) $21,803,000 to carry out subpart I of Part B of

title XIX of the Public Health Service Act to fund section 1920(b)

technical assistance, national data, data collection and evaluation

activities, and further that the total available under this Act for

section 1920(b) activities shall not exceed 5 percent of the amounts

appropriated for subpart I of Part B of title XIX; (3) $16,000,000

to carry out national surveys on drug abuse; (4) $2,000,000 for

mental health data collection; and (5) $4,300,000 for substance

abuse treatment programs.

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the Public Health Service

Act, and part A of title XI of the Social Security Act, amounts

received from Freedom of Information Act fees, reimbursable and

interagency agreements, and the sale of data shall be credited

to this appropriation and shall remain available until expended:

Provided, That the amount made available pursuant to section

927(c) of the Public Health Service Act shall not exceed

$318,695,000.

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and

XIX of the Social Security Act, $119,124,488,000, to remain available until expended.

For making, after May 31, 2005, payments to States under

title XIX of the Social Security Act for the last quarter of fiscal

year 2005 for unanticipated costs, incurred for the current fiscal

year, such sums as may be necessary.

118 STAT. 3130 PUBLIC LAW 108–447—DEC. 8, 2004

For making payments to States or in the case of section 1928

on behalf of States under title XIX of the Social Security Act

for the first quarter of fiscal year 2006, $58,517,290,000, to remain

available until expended.

Payment under title XIX may be made for any quarter with

respect to a State plan or plan amendment in effect during such

quarter, if submitted in or prior to such quarter and approved

in that or any subsequent quarter.

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal

Supplementary Medical Insurance Trust Funds, as provided under

section 1844, 1860D–16, and 1860D–31 of the Social Security Act,

sections 103(c) and 111(d) of the Social Security Amendments of

1965, section 278(d) of Public Law 97–248, and for administrative

expenses incurred pursuant to section 201(g) of the Social Security

Act, $114,608,900,000. To ensure prompt payments of Medicare

prescription drug benefits as provided under section 1860 D–16

of the Social Security Act, $5,216,900,000, to become available on

October 1, 2005 for fiscal year 2006.

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII,

XIX, and XXI of the Social Security Act, titles XIII and XXVII

of the Public Health Service Act, and the Clinical Laboratory

Improvement Amendments of 1988, not to exceed $2,696,402,000,

to be transferred from the Federal Hospital Insurance and the

Federal Supplementary Medical Insurance Trust Funds, as authorized by section 201(g) of the Social Security Act; together with

all funds collected in accordance with section 353 of the Public

Health Service Act and section 1857(e)(2) of the Social Security

Act, and such sums as may be collected from authorized user

fees and the sale of data, which shall remain available until

expended: Provided, That all funds derived in accordance with

31 U.S.C. 9701 from organizations established under title XIII

of the Public Health Service Act shall be credited to and available

for carrying out the purposes of this appropriation: Provided further,

That $24,400,000, to remain available until September 30, 2006,

is for contract costs for CMS’s Systems Revitalization Plan: Provided

further, That $78,300,000, to remain available until September

30, 2006, is for contract costs for the Healthcare Integrated General

Ledger Accounting System: Provided further, That of the amounts

made available for research, demonstration and evaluation,

$100,000 is available for Advocate Metro Outreach Initiative, Oak

Brook, Illinois, to implement an initiative to provide comprehensive

health education and services to the deaf and hard-of-hearing

community, $150,000 is available for African American Interdenominational Ministries, Inc., Philadelphia, Pennsylvania, to implement

an insurance outreach program, $1,900,000 is available for AIDS

Healthcare Foundation, Los Angeles, California, for a demonstration

of residential and outpatient treatment facilities, $450,000 is available for Bronx-Lebanon Hospital Center, Bronx, New York, for

a comprehensive adolescent and young adult health program to

demonstrate means of improving health care and preventive services for underserved inner city teenagers and young adults, $300,000

is available for Children’s Institute for Palliative Care, Children’s

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3131

Hospitals and Clinics, Minneapolis, Minnesota, for a pediatric palliative care demonstration program, $600,000 is available for the

City of Detroit, Michigan, for a project to improve access to primary

care and preventive health services for low-income and uninsured

persons, $100,000 is available for Community Catalyst, Inc., Boston,

Massachusetts, for the expansion of a benefits management program, $150,000 is available for Cook County Bureau of Health

Services in Chicago, Illinois, for the Antibiotic Resistance Program,

$340,000 is available for Donald R. Watkins Memorial Foundation,

Houston, Texas, for a comprehensive HIV/AIDS treatment and

research demonstration program, $100,000 is available for Focus

on Therapeutic Outcomes, Inc., Knoxville, Tennessee, $250,000 is

available for Hamot Medical Center, Erie, Pennsylvania and the

Ohio Health System, Columbus, Ohio, to implement a demonstration project on the Medicare Advantage program, $25,000 is available for HealthRight, Inc., Philadelphia, Pennsylvania, for their

Care Access Program, $75,000 is available for the Inglis Foundation,

Philadelphia, Pennsylvania, for healthcare and social services for

low-income adults with severe physical disabilities in an effort

to promote independent living, $50,000 is available for Medical

Care for Children Partnership, Fairfax, Virginia, for access to specialty health care for children who have serious medical needs,

$500,000 is available for Memphis Biotech Foundation in Memphis,

Tennessee, to develop a biologistics network in Mississippi and

Tennessee, $225,000 is available for Muskegon Community Health

Project, Muskegon, Michigan, for the Access Health Program,

$30,000 is available for Our House of Portland, Portland, Oregon,

to develop a Care Program for people living with AIDS, $750,000

is available for Pace Vermont, Burlington, Vennont, for the Rural

Program for All-inclusive Care for the Elderly, $150,000 is available

for Patient Advocate Foundation, Newport News, Virginia, to assist

the PAF in serving patients experiencing difficulty accessing quality

health care services, $450,000 is available for Puerto Rico’s Governor’s Office of Elderly Affairs for the Medication Error Prevention

Pilot Program, $1,500,000 is available for San Francisco Department of Public Health, San Francisco, California, for a demonstration project to improve HIV/AIDS treatment and prevention services, $300,000 is available for Santa Clara County, California, for

outreach and enrollment assistance activities of the Children’s

Health Initiative, $500,000 is available for Susquehanna Health

System, Williamsport, Pennsylvania, for stabilizing workforce for

patient care, $500,000 is available for Swope Health Services,

Kansas City, Missouri, to supplement recurring healthcare costs

for underemployed, uninsured, and income-qualified patients in

Wyandotte and Johnson Counties, Kansas, $100,000 is available

for Temple University, Crime and Justice Research Center,

Philadelphia, Pennsylvania, for DNA backlog and utilization, and

$250,000 is available for University of Maine, Partnership for Early

Childhood Health & Services: Provided further, That funds appropriated under this heading are available for the Healthy Start,

Grow Smart program under which the Centers for Medicare and

Medicaid Services may, directly or through grants, contracts, or

cooperative agreements, produce and distribute informational materials including, but not limited to, pamphlets and brochures on

infant and toddler health care to expectant parents enrolled in

the Medicaid program and to parents and guardians enrolled in

such program with infants and children: Provided further, That

118 STAT. 3132 PUBLIC LAW 108–447—DEC. 8, 2004

not less than $79,000,000 shall be for processing Medicare appeals:

Provided further, That the Secretary of Health and Human Services

is directed to collect fees in fiscal year 2005 from Medicare∂Choice

organizations pursuant to section 1857(e)(2) of the Social Security

Act and from eligible organizations with risk-sharing contracts

under section 1876 of that Act pursuant to section 1876(k)(4)(D)

of that Act: Provided further, That to the extent Medicare claims

processing unit costs are projected by the Centers for Medicare

and Medicaid Services to exceed $0.87 for Part A claims and/

or $0.63 for Part B claims, up to an additional $18,000,000 may

be available for obligation for every $0.04 increase in Medicare

claims processing unit costs from the Federal Hospital Insurance

and the Federal Supplementary Medical Insurance Trust Funds.

The calculation of projected unit costs shall be derived in the

same manner in which the estimated unit costs were calculated

for the Federal budget estimate for the fiscal year.

HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE

FUND

For carrying out subsections (d) and (e) of section 1308 of

the Public Health Service Act, any amounts received by the Secretary in connection with loans and loan guarantees under title

XIII of the Public Health Service Act, to be available without

fiscal year limitation for the payment of outstanding obligations.

During fiscal year 2005, no commitments for direct loans or loan

guarantees shall be made.

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For making payments to States or other non-Federal entities

under titles I, IV–D, X, XI, XIV, and XVI of the Social Security

Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $2,873,802,000,

to remain available until expended; and for such purposes for the

first quarter of fiscal year 2006, $1,200,000,000, to remain available

until expended.

For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV–

A of the Social Security Act before the effective date of the program

of Temporary Assistance for Needy Families (TANF) with respect

to such State, such sums as may be necessary: Provided, That

the sum of the amounts available to a State with respect to expenditures under such title IV–A in fiscal year 1997 under this appropriation and under such title IV–A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall

not exceed the limitations under section 116(b) of such Act.

For making, after May 31 of the current fiscal year, payments

to States or other non-Federal entities under titles I, IV–D, X,

XI, XIV, and XVI of the Social Security Act and the Act of July

5, 1960 (24 U.S.C. ch. 9), for the last 3 months of the current

fiscal year for unanticipated costs, incurred for the current fiscal

year, such sums as may be necessary.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3133

LOW-INCOME HOME ENERGY ASSISTANCE

For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $1,900,000,000.

For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $300,000,000, to remain available until

expended: Provided, That these funds are for the unanticipated

home energy assistance needs of one or more States, as authorized

by section 2604(e) of the Act: Provided further, That the entire

amount is designated as an emergency requirement pursuant to

section 402 of S. Con. Res. 95 (108th Congress) as made applicable

to the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance

activities and for costs associated with the care and placement

of unaccompanied alien children authorized by title IV of the

Immigration and Nationality Act and section 501 of the Refugee

Education Assistance Act of 1980 (Public Law 96–422), for carrying

out section 462 of the Homeland Security Act of 2002 (Public

Law 107–296), and for carrying out the Torture Victims Relief

Act of 2003 (Public Law 108–179), $488,336,000, of which up to

$10,000,000 shall be available to carry out the Trafficking Victims

Protection Act of 2003 (Public Law 108–193): Provided, That funds

appropriated under this heading pursuant to section 414(a) of the

Immigration and Nationality Act and section 462 of the Homeland

Security Act of 2002 for fiscal year 2005 shall be available for

the costs of assistance provided and other activities to remain

available through September 30, 2007.

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out sections 658A through 658R of the Omnibus

Budget Reconciliation Act of 1981 (The Child Care and Development

Block Grant Act of 1990), $2,099,729,000 shall be used to supplement, not supplant State general revenue funds for child care

assistance for low-income families: Provided, That $19,120,000 shall

be available for child care resource and referral and school-aged

child care activities, of which $1,000,000 shall be for the Child

Care Aware toll free hotline: Provided further, That, in addition

to the amounts required to be reserved by the States under section

658G, $272,672,000 shall be reserved by the States for activities

authorized under section 658G, of which $100,000,000 shall be

for activities that improve the quality of infant and toddler care:

Provided further, That $10,000,000 shall be for use by the Secretary

for child care research, demonstration, and evaluation activities.

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the

Social Security Act, $1,700,000,000: Provided, That notwithstanding

subparagraph (B) of section 404(d)(2) of such Act, the applicable

percent specified under such subparagraph for a State to carry

out State programs pursuant to title XX of such Act shall be

10 percent.

Applicability.

118 STAT. 3134 PUBLIC LAW 108–447—DEC. 8, 2004

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway

and Homeless Youth Act, the Developmental Disabilities Assistance

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence

Prevention and Services Act, as amended, the Native American

Programs Act of 1974, title II of Public Law 95–266 (adoption

opportunities), the Adoption and Safe Families Act of 1997 (Public

Law 105–89), sections 1201 and 1211 of the Children’s Health

Act of 2000, the Abandoned Infants Assistance Act of 1988, sections

261 and 291 of the Help America Vote Act of 2002, the Early

Learning Opportunities Act, part B(1) of title IV and sections 413,

429A, 1110, and 1115 of the Social Security Act, and sections

40155, 40211, and 40241 of Public Law 103–322; for making payments under the Community Services Block Grant Act, sections

439(h), 473A, and 477(i) of the Social Security Act, and title IV

of Public Law 105–285, and for necessary administrative expenses

to carry out said Acts and titles I, IV, V, X, XI, XIV, XVI, and

XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C.

ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV

of the Immigration and Nationality Act, section 501 of the Refugee

Education Assistance Act of 1980, sections 40155, 40211, and 40241

of Public Law 103–322, and section 126 and titles IV and V of

Public Law 100–485, $9,069,853,000, of which $32,103,000, to

remain available until September 30, 2006, shall be for grants

to States for adoption incentive payments, as authorized by section

473A of title IV of the Social Security Act (42 U.S.C. 670–679)

and may be made for adoptions completed before September 30,

2005: Provided further, That $6,898,580,000 shall be for making

payments under the Head Start Act, of which $1,400,000,000 shall

become available October 1, 2005 and remain available through

September 30, 2006: Provided further, That $732,385,000 shall be

for making payments under the Community Services Block Grant

Act: Provided further, That not less than $7,300,000 shall be for

section 680(3)(B) of the Community Services Block Grant Act, Provided further, That within amounts provided herein for abstinence

education for adolescents, up to $10,000,000 may be available for

a national abstinence education campaign: Provided further, That

in addition to amounts provided herein, $6,000,000 shall be available from amounts available under section 241 of the Public Health

Service Act to carry out the provisions of section 1110 of the

Social Security Act: Provided further, That to the extent Community

Services Block Grant funds are distributed as grant funds by a

State to an eligible entity as provided under the Act, and have

not been expended by such entity, they shall remain with such

entity for carryover into the next fiscal year for expenditure by

such entity consistent with program purposes: Provided further,

That the Secretary shall establish procedures regarding the disposition of intangible property which permits grant funds, or intangible

assets acquired with funds authorized under section 680 of the

Community Services Block Grant Act, as amended, to become the

sole property of such grantees after a period of not more than

12 years after the end of the grant for purposes and uses consistent

with the original grant: Provided further, That funds appropriated

for section 680(a)(2) of the Community Services Block Grant Act,

as amended, shall be available for financing construction and

Procedures.

Grants.

42 USC 9921

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3135

rehabilitation and loans or investments in private business enterprises owned by community development corporations: Provided

further, That $55,000,000 is for a compassion capital fund to provide

grants to charitable organizations to emulate model social service

programs and to encourage research on the best practices of social

service organizations: Provided further, That $15,000,000 shall be

for activities authorized by the Help America Vote Act of 2002,

of which $10,000,000 shall be for payments to States to promote

access for voters with disabilities, and of which $5,000,000 shall

be for payments to States for protection and advocacy systems

for voters with disabilities: Provided further, That $100,000,000

shall be for making competitive grants to provide abstinence education (as defined by section 510(b)(2) of the Social Security Act)

to adolescents, and for Federal costs of administering the grant:

Provided further, That grants under the immediately preceding

proviso shall be made only to public and private entities which

agree that, with respect to an adolescent to whom the entities

provide abstinence education under such grant, the entities will

not provide to that adolescent any other education regarding sexual

conduct, except that, in the case of an entity expressly required

by law to provide health information or services the adolescent

shall not be precluded from seeking health information or services

from the entity in a different setting than the setting in which

abstinence education was provided: Provided further, That in addition to amounts provided herein for abstinence education for adolescents, $4,500,000 shall be available from amounts available under

section 241 of the Public Health Services Act to carry out evaluations (including longitudinal evaluations) of adolescent pregnancy

prevention approaches: Provided further, That $2,000,000 shall be

for improving the Public Assistance Reporting Information System,

including grants to States to support data collection for a study

of the system’s effectiveness.

PROMOTING SAFE AND STABLE FAMILIES

For carrying out section 436 of the Social Security Act,

$305,000,000 and for section 437, $99,383,000.

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities

under title IV–E of the Social Security Act, $5,037,900,000.

For making payments to States or other non-Federal entities

under title IV–E of the Act, for the first quarter of fiscal year

2006, $1,767,200,000.

For making, after May 31 of the current fiscal year, payments

to States or other non-Federal entities under section 474 of title

IV–E, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as

may be necessary.

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the

Older Americans Act of 1965, as amended, and section 398 of

the Public Health Service Act, $1,404,634,000, of which $5,500,000

Abstinence.

118 STAT. 3136 PUBLIC LAW 108–447—DEC. 8, 2004

shall be available for activities regarding medication management,

screening, and education to prevent incorrect medication and

adverse drug reactions; and of which $4,558,000 shall remain available until September 30, 2007, for the White House Conference

on Aging.

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general

departmental management, including hire of six sedans, and for

carrying out titles III, XVII, XX, and XXI of the Public Health

Service Act, and the United States-Mexico Border Health Commission Act, $371,975,000, together with $55,851,000 to be transferred

and expended as authorized by section 201(g)(1) of the Social Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund: Provided, That of the funds

made available under this heading for carrying out title XX of

the Public Health Service Act, $13,120,000 shall be for activities

specified under section 2003(b)(2), all of which shall be for prevention service demonstration grants under section 510(b)(2) of title

V of the Social Security Act, as amended, without application of

the limitation of section 2010(c) of said title XX: Provided further,

That of this amount, $52,838,000 shall be for minority AIDS prevention and treatment activities; $14,847,000 shall be for an Information Technology Security and Innovation Fund for Departmentwide activities involving cybersecurity, information technology security, and related innovation projects; and $6,000,000 shall be to

assist Afghanistan in the development of maternal and child health

clinics, consistent with section 103(a)(4)(H) of the Afghanistan

Freedom Support Act of 2002: Provided further, That no more

than $2,754,000 shall be available for the Office of the Assistant

Secretary for Legislation: Provided further, That $50,000,000 shall

be transferred to the Social Security Administration for processing

Medicare appeals: Provided further, That specific information

requests from the chairmen and ranking members of the Subcommittees on Labor, Health and Human Services, and Education,

and Related Agencies, on scientific research or any other matter,

shall be transmitted to the Committees on Appropriations in a

prompt professional manner and within the time frame specified

in the request: Provided further, That scientific information

requested by the Committees on Appropriations and prepared by

government researchers and scientists shall be transmitted to the

Committees on Appropriations, uncensored and without delay.

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General,

including the hire of passenger motor vehicles for investigations,

in carrying out the provisions of the Inspector General Act of

1978, as amended, $40,323,000: Provided, That of such amount,

necessary sums are available for providing protective services to

the Secretary and investigating non-payment of child support cases

for which non-payment is a Federal offense under 18 U.S.C. 228.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3137

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, $32,043,000, together with not to exceed $3,314,000 to be transferred and expended as authorized by section 201(g)(1) of the Social

Security Act from the Hospital Insurance Trust Fund and the

Supplemental Medical Insurance Trust Fund.

POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research

studies under section 1110 of the Social Security Act and title

III of the Public Health Service Act, $20,750,000, which shall be

available from amounts available under section 241 of the Public

Health Service Act to carry out national health or human services

research and evaluation activities: Provided, That the expenditure

of any funds available under section 241 of the Public Health

Service Act are subject to the requirements of section 206 of this

Act.

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health

Service Commissioned Officers as authorized by law, for payments

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, for medical care of dependents and retired

personnel under the Dependents’ Medical Care Act (10 U.S.C. chapters 55 and 56), such amounts as may be required during the

current fiscal year. The following are definitions for the medical

benefits of the Public Health Service Commissioned Officers that

apply to 10 U.S.C. chapter 56, section 1116(c). The source of funds

for the monthly accrual payments into the Department of Defense

Medicare-Eligible Retiree Health Care Fund shall be the Retirement

Pay and Medical Benefits for Commissioned Officers account. For

purposes of this Act, the term ‘‘pay of members’’ shall be construed

to be synonymous with retirement payments to United States Public

Health Service officers who are retired for age, disability, or length

of service; payments to survivors of deceased officers; medical care

to active duty and retired members and dependents and beneficiaries; all of which payments are provided for by the Retirement

Pay and Medical Benefits for Commissioned Officers account.

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, disease, nuclear, radiological and chemical threats to civilian populations, $2,208,287,000: Provided, That

this amount is distributed as follows: Centers for Disease Control

and Prevention, $1,173,300,000; Office of the Secretary,

$64,438,000; Strategic National Stockpile, $400,000,000, to remain

available until expended; National Institutes of Health, $47,400,000;

and Health Resources and Services Administration, $523,149,000:

Provided further, That employees of the Centers for Disease Control

and Prevention or the Public Health Service, both civilian and

Commissioned Officers, detailed to States, municipalities, or other

organizations under authority of section 214 of the Public Health

Service Act for purposes related to homeland security, shall be

treated as non-Federal employees for reporting purposes only and

118 STAT. 3138 PUBLIC LAW 108–447—DEC. 8, 2004

shall not be included within any personnel ceiling applicable to

the Agency, Service, or the Department of Health and Human

Services during the period of detail or assignment.

In addition, for activities to ensure a year-round influenza

vaccine production capacity; the development and implementation

of rapidly expandable influenza vaccine production technologies;

and if determined necessary by the Secretary, the purchase of

influenza vaccine, $100,000,000, to remain available until expended.

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation

expenses when specifically approved by the Secretary.

SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service

to assist in child survival activities and to work in AIDS programs

through and with funds provided by the Agency for International

Development, the United Nations International Children’s Emergency Fund or the World Health Organization.

SEC. 203. None of the funds appropriated under this Act may

be used to implement section 399F(b) of the Public Health Service

Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103–43.

SEC. 204. None of the funds appropriated in this Act for the

National Institutes of Health, the Agency for Healthcare Research

and Quality, and the Substance Abuse and Mental Health Services

Administration shall be used to pay the salary of an individual,

through a grant or other extramural mechanism, at a rate in

excess of Executive Level I.

SEC. 205. None of the funds appropriated in this title for

Head Start shall be used to pay the compensation of an individual,

either as direct costs or any proration as an indirect cost, at a

rate in excess of Executive Level II.

SEC. 206. None of the funds appropriated in this Act may

be expended pursuant to section 241 of the Public Health Service

Act, except for funds specifically provided for in this Act, or for

other taps and assessments made by any office located in the

Department of Health and Human Services, prior to the Secretary’s

preparation and submission of a report to the Committee on Appropriations of the Senate and of the House detailing the planned

uses of such funds.

SEC. 207. Notwithstanding section 241(a) of the Public Health

Service Act, such portion as the Secretary shall determine, but

not more than 2.4 percent, of any amounts appropriated for programs authorized under said Act shall be made available for the

evaluation (directly, or by grants or contracts) of the implementation

and effectiveness of such programs.

(TRANSFER OF FUNDS)

SEC. 208. Not to exceed 1 percent of any discretionary funds

(pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended) which are appropriated for the current

fiscal year for the Department of Health and Human Services

in this Act may be transferred between a program, project, or

activity, but no such program, project, or activity shall be increased

by more than 3 percent by any such transfer: Provided, That a

HIV/AIDS.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3139

program, project, or activity may be increased by up to an additional

2 percent subject to approval by the House and Senate Committees

on Appropriations: Provided further, That the Appropriations

Committees of both Houses of Congress are notified at least 15

days in advance of any transfer.

SEC. 209. Of the amounts made available in this Act for the

National Institutes of Health, the amount for research related to

the human immunodeficiency virus, as jointly determined by the

Director of the National Institutes of Health and the Director of

the Office of AIDS Research, shall be made available to the ‘‘Office

of AIDS Research’’ account. The Director of the Office of AIDS

Research shall transfer from such account amounts necessary to

carry out section 2353(d)(3) of the Public Health Service Act.

SEC. 210. None of the funds appropriated in this Act may

be made available to any entity under title X of the Public Health

Service Act unless the applicant for the award certifies to the

Secretary that it encourages family participation in the decision

of minors to seek family planning services and that it provides

counseling to minors on how to resist attempts to coerce minors

into engaging in sexual activities.

SEC. 211. None of the funds appropriated by this Act (including

funds appropriated to any trust fund) may be used to carry out

the Medicare+Choice program if the Secretary denies participation

in such program to an otherwise eligible entity (including a Provider

Sponsored Organization) because the entity informs the Secretary

that it will not provide, pay for, provide coverage of, or provide

referrals for abortions: Provided, That the Secretary shall make

appropriate prospective adjustments to the capitation payment to

such an entity (based on an actuarially sound estimate of the

expected costs of providing the service to such entity’s enrollees):

Provided further, That nothing in this section shall be construed

to change the Medicare program’s coverage for such services and

a Medicare+Choice organization described in this section shall be

responsible for informing enrollees where to obtain information

about all Medicare covered services.

SEC. 212. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act

shall be exempt from any State law requiring notification or the

reporting of child abuse, child molestation, sexual abuse, rape,

or incest.

SEC. 213. The Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 1990 (Public Law 101–167)

is amended—

(1) in section 599D (8 U.S.C. 1157 note)—

(A) in subsection (b)(3), by striking ‘‘1997, 1998, 1999,

2000, 2001, 2002, 2003, 2004, and 2005’’ and inserting

‘‘1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005,

and 2006’’;

(B) in subsection (e), by striking ‘‘October 1, 2004’’

each place it appears and inserting ‘‘October 1, 2005’’;

and

(C) in subsection (b)(1)—

(i) in subparagraph (A), by striking ‘‘and’’ at the

end;

(ii) in subparagraph (B), by striking the period

and inserting ‘‘; and’’; and

(iii) by adding at the end the following:

HIV/AIDS.

Notification.

Deadline.

118 STAT. 3140 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(C) one or more categories of aliens who are or were

nationals and residents of the Islamic Republic or Iran who,

as members of a religious minority in Iran, share common

characteristics that identify them as targets of persecution in

that state on account of race, religion, nationality, membership

in a particular social group, or political opinion.’’; and

(2) in section 599E (8 U.S.C. 1255 note) in subsection

(b)(2), by striking ‘‘September 30, 2004’’ and inserting ‘‘September 30, 2005’’.

SEC. 214. (a) Except as provided by subsection (e) none of

the funds appropriated by this Act may be used to withhold substance abuse funding from a State pursuant to section 1926 of

the Public Health Service Act (42 U.S.C. 300x–26) if such State

certifies to the Secretary of Health and Human Services by May

1, 2005 that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws

prohibiting the sale of tobacco products to individuals under 18

years of age.

(b) The amount of funds to be committed by a State under

subsection (a) shall be equal to 1 percent of such State’s substance

abuse block grant allocation for each percentage point by which

the State misses the retailer compliance rate goal established by

the Secretary of Health and Human Services under section 1926

of such Act.

(c) The State is to maintain State expenditures in fiscal year

2005 for tobacco prevention programs and for compliance activities

at a level that is not less than the level of such expenditures

maintained by the State for fiscal year 2004, and adding to that

level the additional funds for tobacco compliance activities required

under subsection (a). The State is to submit a report to the Secretary

on all fiscal year 2004 State expenditures and all fiscal year 2005

obligations for tobacco prevention and compliance activities by program activity by July 31, 2005.

(d) The Secretary shall exercise discretion in enforcing the

timing of the State obligation of the additional funds required

by the certification described in subsection (a) as late as July

31, 2005.

(e) None of the funds appropriated by this Act may be used

to withhold substance abuse funding pursuant to section 1926 from

a territory that receives less than $1,000,000.

SEC. 215. In order for the Centers for Disease Control and

Prevention to carry out international health activities, including

HIV/AIDS and other infectious disease, chronic and environmental

disease, and other health activities abroad during fiscal year 2005,

the Secretary of Health and Human Services—

(1) may exercise authority equivalent to that available

to the Secretary of State in section 2(c) of the State Department

Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary

of Health and Human Services shall consult with the Secretary

of State and relevant Chief of Mission to ensure that the

authority provided in this section is exercised in a manner

consistent with section 207 of the Foreign Service Act of 1980

(22 U.S.C. 3927) and other applicable statutes administered

by the Department of State, and

(2) is authorized to provide such funds by advance or

reimbursement to the Secretary of State as may be necessary

to pay the costs of acquisition, lease, alteration, renovation,

Reports.

Deadline.

Deadline.

Certification.

Tobacco.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3141

and management of facilities outside of the United States for

the use of the Department of Health and Human Services.

The Department of State shall cooperate fully with the Secretary of Health and Human Services to ensure that the Department of Health and Human Services has secure, safe, functional

facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the

purposes established by this Act. The Secretary of Health and

Human Services is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to

make available to public or nonprofit private institutions or

agencies in participating foreign countries, funds to acquire,

lease, alter, or renovate facilities in those countries as necessary

to conduct programs of assistance for international health

activities, including activities relating to HIV/AIDS and other

infectious diseases, chronic and environmental diseases, and

other health activities abroad.

SEC. 216. The Division of Federal Occupational Health may

utilize personal services contracting to employ professional management/administrative and occupational health professionals.

SEC. 217. (a) AUTHORITY.—Notwithstanding any other provision

of law, the Director of the National Institutes of Health may use

funds available under section 402(i) of the Public Health Service

Act (42 U.S.C. 282(i)) to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research

in support of the NIH Roadmap Initiative of the Director.

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director of the National Institutes of Health may

utilize such peer review procedures (including consultation with

appropriate scientific experts) as the Director determines to be

appropriate to obtain assessments of scientific and technical merit.

Such procedures shall apply to such transactions in lieu of the

peer review and advisory council review procedures that would

otherwise be required under sections 301(a)(3), 405(b)(1)(B),

405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service

Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and

289c).

SEC. 218. Notwithstanding any other provisions of law, funds

made available under this heading may be used to continue operating the Council on Graduate Medical Education established by

section 301 of Public Law 102–408.

SEC. 219. (a) Notwithstanding section 412.23(b)(2) of title 42

of the Code of Federal Regulations, none of the funds appropriated

by this Act may be expended by the Secretary of Health and

Human Services to treat a hospital or unit of a hospital that

was certified by the Secretary as an inpatient rehabilitation facility

on or before June 30, 2004, as a subsection (d) hospital (as defined

in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C.

1395ww(d)(1)(B))) until, not later than 60 days after the date on

which the report under subsection (b) is issued, the Secretary,

taking into account the recommendations in such report—

(1) determines that the classification criteria of hospitals

and units of hospitals as inpatient rehabilitation facilities under

such section 412.23(b)(2) are not inconsistent with such recommendations; or

Effective date.

42 USC 294o

note.

Applicability.

118 STAT. 3142 PUBLIC LAW 108–447—DEC. 8, 2004

(2) promulgates a regulation providing for revised criteria

under such section 412.23(b)(2), which regulation shall be effective and final immediately on an interim basis as of the date

of publication of the regulation.

(b) The study referred to in subsection (a) is a study by the

Comptroller General of the United States directed in the statement

of managers accompanying the conference report on the bill H.R.

1 of the 108th Congress regarding clinically appropriate standards

for defining inpatient rehabilitation services under such section

412.23(b)(2).

SEC. 220. In addition to funds appropriated to the Office of

Inspector General of the Department of Health and Human Services

under Public Law 104–191 and this Act, $25,000,000 shall be transferred from amounts appropriated under section 1015(a)(1) of Public

Law 108–173 for activities by the Office of Inspector General of

the Department of Health and Human Services relating to oversight

of programs established or revised by Public Law 108–173.

SEC. 221. The unobligated balance of the Health Professions

Student Loan program authorized in Subpart II, Federally-Supported Student Loan Funds, of title VII of the Public Health Services

Act is rescinded.

SEC. 222. The unobligated balance of the Nursing Student

Loan program authorized by section 835 of the Public Health Services Act is rescinded.

SEC. 223. The unobligated balance, excluding amounts necessary for the costs of potential defaults, in the Medical Facilities

Guarantee and Loan Fund is rescinded.

SEC. 224. The unobligated balance in the amount of $20,000,000

appropriated by Public Law 108–11 under the heading ‘‘Public

Health and Social Services Emergency Fund’’ is rescinded.

SEC. 225. The Center for Biodefense and Emerging Infectious

Diseases (Building 33) at the National Institutes of Health is hereby

named the C.W. Bill Young Center for Biodefense and Emerging

Infectious Diseases.

This title may be cited as the ‘‘Department of Health and

Human Services Appropriations Act, 2005’’.

TITLE III—DEPARTMENT OF EDUCATION

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Education Act of 1965, $14,963,683,000, of which $7,382,995,000 shall

become available on July 1, 2005, and shall remain available

through September 30, 2006, and of which $7,383,301,000 shall

become available on October 1, 2005, and shall remain available

through September 30, 2006 for academic year 2005–2006, and

of which $25,000,000 shall become available on October 1, 2004

and shall remain available until September 30, 2006: Provided,

That $7,037,592,000 shall be available for basic grants under section

1124: Provided further, That up to $3,500,000 of these funds shall

be available to the Secretary of Education on October 1, 2004,

to obtain annually updated educational-agency-level census poverty

data from the Bureau of the Census: Provided further, That

$1,365,031,000 shall be available for concentration grants under

Department of

Education

Appropriations

Act, 2005.

Federal buildings

and facilities.

Rescission.

Health and

health care.

Rescission.

Medical facilities.

Rescission.

Student loans.

Rescission.

Student loans.

Regulations.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3143

section 1124A: Provided further, That $2,219,843,000 shall be available for targeted grants under section 1125: Provided further, That

$2,219,843,000 shall be available for education finance incentive

grants under section 1125A: Provided further, That $25,000,000,

available until September 30, 2006, shall be for a striving readers

initiative authorized under section 1502 of the ESEA: Provided

further, That $9,500,000 shall be available to carry out part E

of title I: Provided further, That from the funds available to carry out part E of title I, up to $1,000,000 shall be available to the

Secretary of Education to provide technical assistance to State

and local educational agencies concerning part A of title I: Provided

further, That $207,000,000 shall be available for comprehensive

school reform grants under part F of the ESEA.

IMPACT AID

For carrying out programs of financial assistance to federally

affected schools authorized by title VIII of the Elementary and

Secondary Education Act of 1965, $1,253,893,000, of which

$1,083,687,000 shall be for basic support payments under section

8003(b), $50,369,000 shall be for payments for children with disabilities under section 8003(d), $48,936,000 shall be for construction

under section 8007 and shall remain available through September

30, 2006, $63,000,000 shall be for Federal property payments under

section 8002, and $7,901,000, to remain available until expended,

shall be for facilities maintenance under section 8008: Provided,

That $3,000,000 of the funds for section 8007 shall be available

for the local educational agencies and in the amounts specified

in the statement of the managers on the conference report accompanying this Act: Provided further, That, notwithstanding any other

provision of law, these funds shall remain available until expended:

Provided further, That for purposes of computing the amount of

a payment for an eligible local educational agency under section

8003(a) of the Elementary and Secondary Education Act (20 U.S.C.

7703(a)) for school year 2004–2005, children enrolled in a school

of such agency that would otherwise be eligible for payment under

section 8003(a)(1)(B) of such Act, but due to the deployment of

both parents or legal guardians, or a parent or legal guardian

having sole custody of such children, or due to the death of a

military parent or legal guardian while on active duty (so long

as such children reside on Federal property as described in section

8003(a)(1)(B)), are no longer eligible under such section, shall be

considered as eligible students under such section, provided such

students remain in average daily attendance at a school in the

same local educational agency they attended prior to their change

in eligibility status.

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by

titles II, part B of title IV, part A and subparts 6 and 9 of part

D of title V, parts A and B of title VI, and parts B and C of

title VII of the Elementary and Secondary Education Act of 1965

(‘‘ESEA’’); the McKinney-Vento Homeless Assistance Act; section

203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil

Rights Act of 1964, $5,664,977,000, of which $4,034,196,000 shall

become available on July 1, 2005, and remain available through

118 STAT. 3144 PUBLIC LAW 108–447—DEC. 8, 2004

September 30, 2006, and of which $1,435,000,000 shall become

available on October 1, 2005, and shall remain available through

September 30, 2006, for academic year 2005–2006: Provided, That

funds made available to carry out part B of title VII of the ESEA

may be used for construction, renovation and modernization of

any elementary school, secondary school, or structure related to

an elementary school or secondary school, run by the Department

of Education of the State of Hawaii, that serves a predominantly

Native Hawaiian student body: Provided further, That from the

funds referred to in the preceding proviso, not less than $1,000,000

shall be for a grant to the Department of Education of the State

of Hawaii for the activities described in such proviso, and $600,000

shall be for a grant to the University of Hawaii School of Law

for a Center of Excellence in Native Hawaiian law: Provided further,

That funds made available to carry out part C of title VII of

the ESEA may be used for construction: Provided further, That

from the funds referred to in the preceding proviso, $2,000,000

shall be provided to the Yuut Elitnaurviut Vocational Learning

Center in Bethel, Alaska for construction; $1,000,000 shall be provided to the University of Alaska Anchorage for high school enrichment programs of the UAA Native Science and Engineering program; and notwithstanding any other provision of law, of the funds

available to the Alaska Native Heritage Center, up to $1,000,000

may be used for repair and renovation of buildings on its campus:

Provided further, That $415,000,000 shall be for State assessments

and related activities authorized under sections 6111 and 6112

of the ESEA: Provided further, That the amount made available

in the Department of Education Appropriations Act, 2004, under

the heading School Improvement Programs and including any funds

transferred by the Secretary of Education pursuant to section 304

of that Act for State assessment grants authorized under section

6111 of the Elementary and Secondary Education Act of 1965,

shall not be less than $390,000,000: Provided further, That, notwithstanding any other provision of law, including any across-the-board

reduction that would otherwise apply, the funds made available

for fiscal year 2005 under the heading School Improvement Programs for State assessment grants under section 6111 of the

Elementary and Secondary Education Act of 1965 shall not be

less than $400,000,000: Provided further, That $57,283,000 shall

be available to carry out section 203 of the Educational Technical

Assistance Act of 2002: Provided further, That $29,111,000 shall

be available to carry out part D of title V of the ESEA: Provided

further, That no funds appropriated under this heading may be

used to carry out section 5494 under the ESEA: Provided further,

That $12,230,000 shall be available to carry out the Supplemental

Education Grants program for the Federated States of Micronesia,

and $6,100,000 shall be available to carry out the Supplemental

Education Grants program for the Republic of the Marshall Islands:

Provided further, That up to 5 percent of these amounts may

be reserved by the Federated States of Micronesia and the Republic

of the Marshall Islands to administer the Supplemental Education

Grants programs and to obtain technical assistance, oversight and

consultancy services in the administration of these grants and

to reimburse the United States Departments of Labor, Health and

Human Services, and Education for such services.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3145

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise

provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $120,856,000.

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by parts G and H of

title I, subpart 5 of part A and parts C and D of title II, parts

B, C, and D of title V, and section 1504 of the Elementary and

Secondary Education Act of 1965 (‘‘ESEA’’), $1,101,454,000: Provided, That $17,000,000 shall be available to carry out section

2151(c) of the ESEA, of which not less than $10,000,000 shall

be provided to the National Board for Professional Teaching Standards, and not less than $7,000,000 shall be provided to the American

Board for the Certification of Teacher Excellence: Provided further,

That $37,279,000 shall be for subpart 2 of part B of title V: Provided

further, That $417,418,000 shall be available to carry out part

D of title V of the ESEA: Provided further, That $246,963,000

of the funds for subpart 1, part D of title V of the ESEA shall

be available for the projects and in the amounts specified in the

statement of the managers on the conference report accompanying

this Act.

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by subpart 3 of part

C of title II, part A of title IV, and subparts 2, 3 and 10 of

part D of title V of the Elementary and Secondary Education

Act of 1965 (‘‘ESEA’’), title VIII–D of the Higher Education Amendments of 1998, and Public Law 102–73, $867,713,000, of which

$467,908,000, shall become available on July 1, 2005 and remain

available through September 30, 2006: Provided, That of the amount

available for subpart 2 of part A of title IV of the ESEA, $850,000

shall be used to continue the National Recognition Awards program

under the same guidelines outlined by section 120(f) of Public

Law 105–244: Provided further, That $440,908,000 shall be available for subpart 1 of part A of title IV and $236,472,000 shall

be available for subpart 2 of part A of title IV: Provided further,

That $133,691,000 shall be available to carry out part D of title

V of the ESEA: Provided further, That of the funds available to

carry out subpart 3 of part C of title II, up to $12,292,000 may

be used to carry out section 2345 and $3,050,000 shall be used

by the Center for Civic Education to implement a comprehensive

program to improve public knowledge, understanding, and support

of the Congress and the State legislatures: Provided further, That

$27,000,000 shall be for Youth Offender Grants, of which $5,000,000

shall be used in accordance with section 601 of Public Law 102–

73 as that section was in effect prior to enactment of Public Law

105–220: Provided further, That of the funds available to carry

out subpart 10 of part D of title V, up to $2,000,000 may be

used to support the Special Olympics National Summer Games.

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the ESEA, $681,215,000, of which $595,715,000 shall become available on July 1, 2005,

118 STAT. 3146 PUBLIC LAW 108–447—DEC. 8, 2004

and shall remain available through September 30, 2006: Provided,

That funds reserved under section 3111(c)(1)(D) of the ESEA that

are not used in accordance with section 3111(c)(2) may be added

to the funds that are available July 1, 2005, through September

30, 2006, for State allotments under section 3111(c)(3).

SPECIAL EDUCATION

For carrying out parts B, C, and D of the Individuals with

Disabilities Education Act, $11,767,748,000, of which

$6,145,270,000 shall become available for obligation on July 1,

2005, and shall remain available through September 30, 2006,

and of which $5,413,000,000 shall become available on October

1, 2005, and shall remain available through September 30, 2006,

for academic year 2005–2006: Provided, That $11,400,000 shall

be for Recording for the Blind and Dyslexic, Inc., to support the

development, production, and circulation of recorded educational

materials: Provided further, That $1,500,000 shall be for the

recipient of funds provided by Public Law 105–78 under section

687(b)(2)(G) of the Act (as in effect prior to the enactment of

the Individuals with Disabilities Education Improvement Act of

2004) to provide information on diagnosis, intervention, and

teaching strategies for children with disabilities: Provided further,

That the amount for section 611(c) of the Act shall be equal to

the amount available for that section during fiscal year 2004,

increased by the amount of inflation as specified in section

611(f)(1)(B)(ii) of the Act (as in effect prior to the enactment of

the Individuals with Disabilities Education Improvement Act of

2004).

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the

Rehabilitation Act of 1973, the Assistive Technology Act of 1998

(‘‘the AT Act’’), and the Helen Keller National Center Act,

$3,076,112,000, of which $1,000,000 shall be awarded to the American Academy of Orthotists and Prosthetists for activities that further the purposes of the grant received by the Academy for the

period beginning October 1, 2003, including activities to meet the

demand for orthotic and prosthetic provider services and improve

patient care: Provided, That $30,000,000 shall be used for carrying

out the AT Act, including $4,420,760 for State grants for protection

and advocacy under section 5 of the AT Act and $4,055,000 shall

be for alternative financing programs: Provided further, That the

Federal share of grants for alternative financing programs under

section 4(b)(2)(D) of the AT Act shall not exceed 75 percent, and

the requirements in section 301(c)(2) and section 302 of the AT

Act (as in effect on the day before the date of enactment of the

Assistive Technology Act of 2004) shall not apply to such grants:

Provided further, That $7,030,000 of the funds for section 303

of the Rehabilitation Act of 1973 shall be available for the projects

and in the amounts specified in the statement of the managers

of the conference report accompanying this Act.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3147

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 et seq.), $17,000,000.

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles

I and II of the Education of the Deaf Act of 1986 (20 U.S.C.

4301 et seq.), $55,790,000, of which $1,685,000 shall be for construction and shall remain available until expended: Provided, That

from the total amount available, the Institute may at its discretion

use funds for the endowment program as authorized under section

207.

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model

Secondary School for the Deaf, and the partial support of Gallaudet

University under titles I and II of the Education of the Deaf

Act of 1986 (20 U.S.C. 4301 et seq.), $105,400,000: Provided, That

from the total amount available, the University may at its discretion

use funds for the endowment program as authorized under section

207.

VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the

Carl D. Perkins Vocational and Technical Education Act of 1998,

the Adult Education and Family Literacy Act, and subparts 4

and 11 of part D of title V of the Elementary and Secondary

Education Act of 1965 (‘‘ESEA’’), $2,027,166,000, of which

$1,226,404,000 shall become available on July 1, 2005 and shall

remain available through September 30, 2006 and of which

$791,000,000 shall become available on October 1, 2005 and shall

remain available through September 30, 2006: Provided, That of

the amount provided for Adult Education State Grants, $69,135,000

shall be made available for integrated English literacy and civics

education services to immigrants and other limited English proficient populations: Provided further, That of the amount reserved

for integrated English literacy and civics education, notwithstanding

section 211 of the Adult Education and Family Literacy Act, 65

percent shall be allocated to States based on a State’s absolute

need as determined by calculating each State’s share of a 10-

year average of the Immigration and Naturalization Service data

for immigrants admitted for legal permanent residence for the

10 most recent years, and 35 percent allocated to States that

experienced growth as measured by the average of the 3 most

recent years for which Immigration and Naturalization Service

data for immigrants admitted for legal permanent residence are

available, except that no State shall be allocated an amount less

than $60,000: Provided further, That of the amounts made available

for the Adult Education and Family Literacy Act, $9,169,000 shall

be for national leadership activities under section 243 and

$6,692,000 shall be for the National Institute for Literacy under

section 242: Provided further, That $100,238,000 shall be available

to carry out part D of title V of the ESEA: Provided further,

118 STAT. 3148 PUBLIC LAW 108–447—DEC. 8, 2004

That $95,238,000 shall be available to support the activities authorized under subpart 4 of part D of title V of the Elementary and

Secondary Education Act of 1965, of which up to 5 percent shall

become available October 1, 2004 and shall remain available

through September 30, 2006, for evaluation, technical assistance,

school networking, peer review of applications, and program outreach activities, and of which not less than 95 percent shall become

available on July 1, 2005, and remain available through September

30, 2006, for grants to local educational agencies: Provided further,

That funds made available to local education agencies under this

subpart shall be used only for activities related to establishing

smaller learning communities in high schools.

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1, 3 and 4 of part A, part C and

part E of title IV of the Higher Education Act of 1965, as amended,

$14,380,795,000, which shall remain available through September

30, 2006.

The maximum Pell Grant for which a student shall be eligible

during award year 2005–2006 shall be $4,050.

STUDENT AID ADMINISTRATION

For Federal administrative expenses (in addition to funds made

available under section 458), to carry out part D of title I, and

subparts 1, 3, and 4 of part A, and parts B, C, D and E of

title IV of the Higher Education Act of 1965, as amended,

$120,247,000.

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, section

121 and titles II, III, IV, V, VI, and VII of the Higher Education

Act of 1965 (‘‘HEA’’), as amended, section 1543 of the Higher Education Amendments of 1992, the Mutual Educational and Cultural

Exchange Act of 1961, title VIII of the Higher Education Amendments of 1998, and section 117 of the Carl D. Perkins Vocational

and Technical Education Act, $2,134,269,000, of which $1,500,000

for interest subsidies authorized by section 121 of the HEA shall

remain available until expended: Provided, That $9,876,000, to

remain available through September 30, 2006, shall be available

to fund fellowships for academic year 2006–2007 under part A,

subpart 1 of title VII of said Act, under the terms and conditions

of part A, subpart 1: Provided further, That notwithstanding any

other provision of law or any regulation, the Secretary of Education

shall not require the use of a restricted indirect cost rate for

grants issued pursuant to section 117 of the Carl D. Perkins Vocational and Technical Education Act of 1998: Provided further, That

$988,000 is for data collection and evaluation activities for programs

under the HEA, including such activities needed to comply with

the Government Performance and Results Act of 1993: Provided

further, That notwithstanding any other provision of law, funds

made available in this Act to carry out title VI of the HEA and

section 102(b)(6) of the Mutual Educational and Cultural Exchange

Act of 1961 may be used to support visits and study in foreign

countries by individuals who are participating in advanced foreign

language training and international studies in areas that are vital

20 USC 1070a

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3149

to United States national security and who plan to apply their

language skills and knowledge of these countries in the fields of

government, the professions, or international development: Provided

further, That of the funds referred to in the preceding proviso

up to 1 percent may be used for program evaluation, national

outreach, and information dissemination activities and $1,500,000

shall be used for a contract with the National Research Council

to carry out an independent review of title VI international education and foreign language studies and the section 102(b)(6) Fulbright-Hays programs: Provided further, That the funds provided

for title II of the HEA shall be allocated notwithstanding section

210 of such Act: Provided further, That $146,360,000 of the funds

for part B of title VII of the Higher Education Act of 1965 shall

be available for the projects and in the amounts specified in the

statement of the managers of the conference report accompanying

this Act.

HOWARD UNIVERSITY

For partial support of Howard University (20 U.S.C. 121 et

seq.), $240,715,000, of which not less than $3,552,000 shall be

for a matching endowment grant pursuant to the Howard University

Endowment Act (Public Law 98–480) and shall remain available

until expended.

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses authorized under section

121 of the Higher Education Act of 1965, $578,000 to carry out

activities related to existing facility loans entered into under the

Higher Education Act of 1965.

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

The aggregate principal amount of outstanding bonds insured

pursuant to section 344 of title III, part D of the Higher Education

Act of 1965, shall not exceed $357,000,000, and the cost, as defined

in section 502 of the Congressional Budget Act of 1974, of such

bonds shall not exceed zero.

For administrative expenses to carry out the Historically Black

College and University Capital Financing Program entered into

pursuant to title III, part D of the Higher Education Act of 1965,

as amended, $212,000.

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences

Reform Act of 2002, as amended, The National Assessment of

Educational Progress Authorization Act, and section 208 of the

Educational Technical Assistance Act of 2002, $527,453,000: Provided, That, of the amount appropriated, $190,518,000 shall be

available for obligation until September 30, 2006: Provided further,

That $83,774,000 shall be for research and innovation in special

education authorized under section 177 of the Education Science

Reform Act, as amended: Provided further, That $10,623,000 of

the funds for section 177 of the Act shall be available for the

118 STAT. 3150 PUBLIC LAW 108–447—DEC. 8, 2004

projects and in the amounts specified in the statement of the

managers of the conference report accompanying this Act.

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the

Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $423,379,000.

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization

Act, $90,248,000.

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General,

as authorized by section 212 of the Department of Education

Organization Act, $47,790,000.

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used

for the transportation of students or teachers (or for the purchase

of equipment for such transportation) in order to overcome racial

imbalance in any school or school system, or for the transportation

of students or teachers (or for the purchase of equipment for such

transportation) in order to carry out a plan of racial desegregation

of any school or school system.

SEC. 302. None of the funds contained in this Act shall be

used to require, directly or indirectly, the transportation of any

student to a school other than the school which is nearest the

student’s home, except for a student requiring special education,

to the school offering such special education, in order to comply

with title VI of the Civil Rights Act of 1964. For the purpose

of this section an indirect requirement of transportation of students

includes the transportation of students to carry out a plan involving

the reorganization of the grade structure of schools, the pairing

of schools, or the clustering of schools, or any combination of grade

restructuring, pairing or clustering. The prohibition described in

this section does not include the establishment of magnet schools.

SEC. 303. No funds appropriated under this Act may be used

to prevent the implementation of programs of voluntary prayer

and meditation in the public schools.

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds

(pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more

than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least

15 days in advance of any transfer.

Notification.

Deadline.

Schools.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3151

SEC. 305. Section 8002(m) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7702(m)) is amended by striking

‘‘5 years’’ each place it appears and inserting ‘‘7 years’’.

SEC. 306. (a) Section 167 of division H of the Consolidated

Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 3) is

amended by striking ‘‘$200,000, for Western Maine Technical College, South Paris, Maine, for education programs and marketing

activities’’ and inserting ‘‘$200,000, for Central Maine Community

College, Auburn, Maine, for education programs, student recruitment and marketing activities at the Central Maine Community

College-Western Maine University and Community College Center

in South Paris, Maine’’.

(b) In the statement of the managers of the committee of

conference accompanying H.R. 2673 (Public Law 108–199; House

Report 108–401), in the matter in title III of division E, relating

to the Fund for the Improvement of Education under the heading

‘‘Innovation and Improvement’’ the provision specifying $300,000

for the Provo City Public Schools, Provo, Utah, to develop, purchase

and implement an English language instructional program for

training and certifying ESL teachers shall be deemed to read as

follows: ‘‘Provo City Public Schools, Provo, Utah, for an English

language instructional program, $300,000’’.

SEC. 307. Notwithstanding any other provision of law, students

from the Republic of the Marshall Islands and the Federated States

of Micronesia enrolled in institutions in the Republic of Palau

shall be eligible for grants under subpart 1 of part A of title

IV of the Higher Education Act of 1965 to the extent such grants

continue to be available to students from the Republic of the Marshall Islands and the Federated States of Micronesia who are

attending institutions in the United States.

This title may be cited as the ‘‘Department of Education Appropriations Act, 2005’’.

TITLE IV—RELATED AGENCIES

ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home

to operate and maintain the Armed Forces Retirement Home—

Washington and the Armed Forces Retirement Home—Gulfport,

to be paid from funds available in the Armed Forces Retirement

Home Trust Fund, $61,624,000, of which $4,000,000 shall remain

available until expended for construction and renovation of the

physical plants at the Armed Forces Retirement Home—Washington

and the Armed Forces Retirement Home—Gulfport.

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

For expenses necessary of the Committee for Purchase From

People Who Are Blind or Severely Disabled established by Public

Law 92–28, $4,707,000.

Marshall Islands.

Micronesia.

Utah.

Ante, p. 452.

118 STAT. 3152 PUBLIC LAW 108–447—DEC. 8, 2004

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

For expenses necessary for the Corporation for National and

Community Service to carry out the provisions of the Domestic

Volunteer Service Act of 1973, as amended, $356,598,000: Provided,

That none of the funds made available to the Corporation for

National and Community Service in this Act for activities authorized by section 122 of part C of title I and part E of title II

of the Domestic Volunteer Service Act of 1973 shall be used to

provide stipends or other monetary incentives to volunteers or

volunteer leaders whose incomes exceed 125 percent of the national

poverty level.

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as

authorized by the Communications Act of 1934, an amount which

shall be available within limitations specified by that Act, for the

fiscal year 2007, $400,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall

be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That

none of the funds contained in this paragraph shall be available

or used to aid or support any program or activity from which

any person is excluded, or is denied benefits, or is discriminated

against, on the basis of race, color, national origin, religion, or

sex: Provided further, That for fiscal year 2005, in addition to

the amounts provided above, $39,705,000 shall be for costs related

to digital program production, development, and distribution, associated with the transition of public broadcasting to digital broadcasting, to be awarded as determined by the Corporation in consultation with public radio and television licensees or permittees,

or their designated representatives: Provided further, That for fiscal

year 2005, in addition to the amounts provided above, $40,000,000

shall be for the costs associated with replacement and upgrade

of the public television interconnection system: Provided further,

That none of the funds made available to the Corporation for

Public Broadcasting by this Act, Public Law 108–199 or Public

Law 108–7, shall be used to support the Television Future Fund

or any similar purpose.

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor

Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183),

including hire of passenger motor vehicles; for expenses necessary

for the Labor-Management Cooperation Act of 1978 (29 U.S.C.

175a); and for expenses necessary for the Service to carry out

the functions vested in it by the Civil Service Reform Act, Public

Law 95–454 (5 U.S.C. ch. 71), $44,797,000, including $1,500,000,

to remain available through September 30, 2006, for activities

authorized by the Labor-Management Cooperation Act of 1978 (29

U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3153

charged, up to full-cost recovery, for special training activities and

other conflict resolution services and technical assistance, including

those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged

with this account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available

only for education, training, and professional development of the

agency workforce: Provided further, That the Director of the Service

is authorized to accept and use on behalf of the United States

gifts of services and real, personal, or other property in the aid

of any projects or functions within the Director’s jurisdiction.

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health

Review Commission (30 U.S.C. 801 et seq.), $7,872,000.

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For carrying out the Museum and Library Services Act of

1996, $282,827,000, to remain available until expended: Provided,

That of the amount provided, $100,000 shall be awarded to Academy

of Natural Sciences, Philadelphia, Pennsylvania, for exhibits and

programming associated with the Lewis and Clark expedition,

$300,000 shall be awarded to Alaska Native Heritage Museum,

Anchorage, AK in cooperation with the Koahnic Broadcasting Corporation for its Elders Oral History Project, $50,000 shall be

awarded to Alex Haley House and Museum, Henning, TN to preserve collections and improve exhibits, $100,000 shall be awarded

to Allegheny County, Pittsburgh, Pennsylvania, for exhibit design

and development, $100,000 shall be awarded to Allentown Public

Library, Allentown, Pennsylvania, for technological upgrades and

educational programs, $400,000 shall be awarded to AMISTAD

America, Inc., New Haven, Connecticut, for an endowment fund

as authorized under Public Law 108–184, $320,000 shall be awarded

to Amistad Research Center, Tulane University, New Orleans, Louisiana, for faculty research fellowship and student internship programs, $50,000 shall be awarded to Anniston Museum of Natural

History, Anniston, Alabama, for enhanced classroom curriculum,

$100,000 shall be awarded to Antiquarian & Landmarks Society,

Hartford, Connecticut, for the Nathan Hale Homestead in Coventry,

$100,000 shall be awarded to Arab Community Center for Economic

and Social Services (ACCESS), Dearborn, Michigan, for exhibits

and museum programs, $75,000 shall be awarded to Athenaeum

of Philadelphia, Philadelphia, Pennsylvania, for conservation and

preservation of library materials, $75,000 shall be awarded to

Audubon Pennsylvania, Audubon, Pennsylvania, for exhibits and

nature education programs at the Mill Grove Audubon Center,

$200,000 shall be awarded to Autry National Center, Los Angeles,

California, for exhibits, education programs and outreach at its

Southwest Museum of the American Indian and/or its Museum

of the American West, $200,000 shall be awarded to Baylor University, Waco, Texas, for archival activities, exhibits, and education

118 STAT. 3154 PUBLIC LAW 108–447—DEC. 8, 2004

programs for the Mayborn Museum Complex, $500,000 shall be

awarded to Beth Medrash Govoha, Lakewood, New Jersey, for

equipment, exhibits and preservation of collections, $125,000 shall

be awarded to Bibliographical Society of America, New York, New

York, $500,000 shall be awarded to Bishop Museum in Hawaii

for digitization of old Hawaiian language newspapers and other

activities to preserve the culture of Native Hawaiians, $100,000

shall be awarded to Boys and Girls Harbor, New York, New York,

for the preservation and digitalization of Raices Collection, a multimedia collection documenting the history of Afro-Caribbean Latin

music in America, $75,000 shall be awarded to Brooklyn Academy

of Music, Brooklyn, New York, for preservation and management

of its archives, $50,000 shall be awarded to Business Association

of West Parkside, Philadelphia, Pennsylvania, to exhibit the Negro

Leagues Baseball Memorial, $200,000 shall be awarded to Canton

Museum of Art, Canton, Ohio, to develop and implement the

HeARTland program, $100,000 shall be awarded to Cape Cod Maritime Museum, Hyannis, Massachusetts, for the development of

exhibitions and programs, $100,000 shall be awarded to Carnegie

Museums of Pittsburgh, Pittsburgh, Pennsylvania, for preservation

of collections at the Carnegie Museum of Natural History, $25,000

shall be awarded to Catawba County Historical Association,

Newton, North Carolina, $200,000 shall be awarded to Chaldean

Community Culture Center, West Bloomfield, Michigan, for programs that promote Chaldean language, history, culture and teacher

training, $400,000 shall be awarded to Charles H. Wright Museum

of African American History, Detroit, Michigan, for exhibits, education programs, technology and operations, $84,000 shall be

awarded to Cherry Hill Township in New Jersey for improved

library technology, $150,000 shall be awarded to Chicago Historical

Society, Chicago, Illinois, for expansion of the Chicago Historical

Society’s collections and exhibits, $200,000 shall be awarded to

Children’s Museum in Oak Lawn, Oak Lawn, Illinois, for its

‘‘Explore and Soar’’ education program, $100,000 shall be awarded

to City of Henderson, North Carolina, for personnel, equipment

and technology for the H. Leslie Perry Memorial Library, $200,000

shall be awarded to City of Jackson, Mississippi, for the Medger

Wiley Evers Museum for program and exhibit design and development, $250,000 shall be awarded to City of Jackson, Tennessee,

to support technology upgrades at the Jackson-Madison County

Public Library, $150,000 shall be awarded to City of Murrieta

Public Library, Murrieta, California, for a Literacy thru Technology

Program, $500,000 shall be awarded to Claude Pepper Center in

Tallahassee, Florida for the digitization of library holdings, $100,000

shall be awarded to College of Physicians of Philadelphia, Philadelphia, Pennsylvania, to preserve its medical library and art collection, $50,000 shall be awarded to Colleton County Memorial

Library, Walterboro, South Carolina, for books and library materials, $76,000 shall be awarded to Columbus Museum of Art, Columbus, Ohio, to develop, test, and fabricate the exhibition, train

teachers and docents and publicize the project and produce related

educational materials, $72,000 shall be awarded to Contra Costa

County, Martinez, California, for the Contra Costa Reads program,

$300,000 shall be awarded to Currier Museum of Art, Manchester,

New Hampshire for educational programs and community outreach,

$825,000 shall be awarded to Des Moines Arts Center for the

protection of the current collection, $500,000 shall be awarded to

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3155

East Tennessee Historical Society, Knoxville, Tennessee, to expand

and develop exhibits that teach of the culture and history of east

Tennessee, $30,000 shall be awarded to Edison House Museum,

Louisville, Kentucky, for educational programs, $100,000 shall be

awarded to Everhart Museum, Scranton, Pennsylvania, $430,000

shall be awarded to Experience Music Project in Seattle, Washington, for an Oral History Program, $100,000 shall be awarded

to Fairfax County Public Library, Fairfax, Virginia, for its

Motheread/Fatheread Plus family literacy initiative, $800,000 shall

be awarded to Field Museum, Chicago, Illinois, for establishing

networked computer database for collections management, $100,000

shall be awarded to Fine Arts Museums of San Francisco for the

De Young Museum’s Art Education Program, $275,000 shall be

awarded to Florence Library Learning Center, Los Angeles, California, for reading and other education programs, $650,000 shall

be awarded to Florida International Museum, St. Petersburg,

Florida, for professional activities, $500,000 shall be awarded to

Folger Library, Washington, D.C., for exhibits, operations, and

public programs including education and outreach, $50,000 shall

be awarded to Frederick Douglass Museum, Washington, D.C., for

an African American cultural outreach center, $75,000 shall be

awarded to Free Library of Philadelphia, Philadelphia, Pennsylvania, for technology and equipment upgrades, $350,000 shall be

awarded to George Washington University, Washington, D.C., for

the Eleanor Roosevelt Papers Project, $12,000 shall be awarded

to Greenburgh Public Library, Tarrytown, New York, for computers

and technology, $50,000 shall be awarded to Greensburg Hempfield

Area Public Library, Greensburg, Pennsylvania, for computers,

$500,000 shall be awarded to Grout Museum, Waterloo, Iowa, for

exhibitions, $200,000 shall be awarded to Harbor Heritage Society,

Cleveland, Ohio, for MAKING WAVES: Vessel-wide interpretive

exhibit planning for the Steamship William G. Mather Maritime

Museum, $250,000 shall be awarded to HealthSpace Cleveland,

Cleveland, Ohio, for exhibits, $75,000 shall be awarded to Hellenic

Cultural Association, Salt Lake City, Utah, for exhibit and program

development at the Hellenic Cultural Museum, $150,000 shall be

awarded to Hendry County, LaBelle, Florida, for books and technology for Harlem Library, $500,000 shall be awarded to Hesperia

Community Library, Hesperia, California, $75,000 shall be awarded

to Historical Society of Western Pennsylvania, Pittsburgh, Pennsylvania, for exhibit and curriculum development for the Western

Pennsylvania Sports Museum, $75,000 shall be awarded to

HistoryMakers, Chicago, Illinois, to create a digital archive dedicated to preserving the history and accomplishments of African

Americans, $150,000 shall be awarded to Home Port Alliance for

the USS New Jersey for restoration and preservation, $100,000

shall be awarded to Hopkinsville-Christian County Public Library,

Hopkinsville, Kentucky, $250,000 shall be awarded to Hunter College, New York, New York, to digitize, preserve and archive collections of the Center for Puerto Rican Studies and for public access

and dissemination activities, $300,000 shall be awarded to Huntsville Museum of Art, Huntsville, Alabama, for exhibits, technology,

outreach and education programs, $300,000 shall be awarded to

International Museum of Women, San Francisco, California, for

education and teacher professional development programs, $75,000

shall be awarded to Iona College, New York, for technology upgrade

for the Ryan Library, $150,000 shall be awarded to Italian-American

118 STAT. 3156 PUBLIC LAW 108–447—DEC. 8, 2004

Cultural Center of Iowa in Des Moines, Iowa, for exhibits, multimedia collections, display, $72,000 shall be awarded to Jackson

County Library System, Ripley, West Virginia, $415,000 shall be

awarded to James Ford Bell Museum of Natural History, University

of Minnesota, Minneapolis, Minnesota, for exhibits and education

programs, $350,000 shall be awarded to Johnstown Area Heritage

Association, Johnstown, Pennsylvania, for exhibits and education

programs for the Heritage Discovery Center, $25,000 shall be

awarded to Josephine School Community Museum, Berryville, Virginia, $400,000 shall be awarded to Kansas State University,

Manhattan, Kansas, for the 20th Century Soldier Project, $250,000

shall be awarded to Kidspace Children’s Museum, Pasadena, California, to develop its Shake Zone Education Exhibit, $100,000 shall

be awarded to Lafayette College, Easton, Pennsylvania, for technology updates to the David Bishop Skillman Library, $50,000

shall be awarded to Livingston Parish Hungarian Museum, Denham

Springs, Louisiana, $500,000 shall be awarded to Maltz Museum

of Jewish Heritage, Beachwood, Ohio, for a Cradle of Christianity:

Biblical Treasures from the Holy Land traveling exhibition,

$250,000 shall be awarded to MAPS Air Museum, North Canton,

Ohio, to develop educational displays, upkeep of current displays,

library expansion, historical research and operation expenses,

$100,000 shall be awarded to Mauch Chunk Historical Society

of Carbon County, Jim Thorpe, Pennsylvania, $500,000 shall be

awarded to Memphis Zoo, Memphis, Tennessee, to develop exhibits

and support students programs, $400,000 shall be awarded to

Miami Museum of Science & Space Transit Planetarium, Miami,

Florida, for exhibits, outreach, and education programs, $200,000

shall be awarded to Mid-Hudson Children’s Museum, Poughkeepsie,

New York, for a Comprehensive Technology Enrichment Program

to enhance exhibits, $40,000 shall be awarded to Milford Area

Historical Society, Milford, Ohio, for the Promont House Museum,

$450,000 shall be awarded to Milton J. Rubenstein Museum of

Science and Technology, Syracuse, New York, $1,540,000 shall be

awarded to Missouri Historical Society, St. Louis, Missouri, for

the establishment and maintenance of an archive for materials

relating to the Congressional career of the Honorable Richard A.

Gephardt, $260,000 shall be awarded to Mount Vernon Public

Library, Mount Vernon, New York for operations and upgrades,

$100,000 shall be awarded to Mt. San Antonio College, Walnut,

California for equipment, $500,000 shall be awarded to Museum

of Appalachia, Norris, Tennessee, to preserve and restore the collection of Appalachian pioneer artifacts, $250,000 shall be awarded

to Museum of Aviation Foundation, Warner Robin, Georgia,

$200,000 shall be awarded to Museum of Fine Arts, Boston,

Massachusetts, for the development of exhibitions and programs,

$600,000 shall be awarded to Museum of Flight in Seattle, Washington, for the American Fighter Aces Archive and Collection,

$250,000 shall be awarded to Museum of Science and Industry,

Chicago, Illinois, for the Science in Your World Program, $500,000

shall be awarded to Museum of Science, Boston, Massachusetts,

for community outreach, exhibit design and development, and educational programs, $75,000 shall be awarded to National Center

for American Revolution, Wayne, Pennsylvania, for exhibit design

and curriculum development for the Museum of the American

Revolution at Valley Forge National Historic Park, $100,000 shall

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3157

be awarded to National City Public Library, National City, California, for collections and technology, $950,000 shall be awarded

to National D-Day Museum in New Orleans, Louisiana, to improve

the education, outreach, and exhibition of the museum, $100,000

shall be awarded to National Museum of American Jewish History,

Philadelphia, Pennsylvania, to develop a fully interactive learning

center linked to their web site that will extend the reach of the

Museum, $1,000,000 shall be awarded to National Museum of

Women in the Arts, Washington, D.C., $750,000 shall be awarded

to National Trust for Historic Preservation, Washington, D.C., for

the Farnsworth House Museum in Plano, Illinois, $2,100,000 shall

be awarded to Native American Cultural Center and Museum,

Oklahoma City, Oklahoma, $500,000 shall be awarded to New

York Botanical Garden, Bronx, New York, for the Virtual Herbarium Project, $1,000,000 shall be awarded to New York Hall

of Science to develop, expand, and display science-related materials,

$90,000 shall be awarded to North Carolina Museum of Art Foundation, Inc., Raleigh, North Carolina, for exhibits and education programs, $1,000,000 shall be awarded to Omaha Performing Arts

Center in Nebraska for telecommunications systems, $100,000 shall

be awarded to Pennsylvania Hunting & Fishing Museum, Warren,

Pennsylvania, to develop curriculum for conservation education,

$200,000 shall be awarded to Pittsburgh Children’s Museum, Pittsburgh, Pennsylvania, to expand arts and after-school programs

for at-risk children, $950,000 shall be awarded to Please Touch

Museum, Philadelphia, Pennsylvania, to develop educational programs focusing on hands-on learning experiences, $320,000 shall

be awarded to Portland State University, Portland, Oregon, to

enhance library collections and outreach in the area of Middle

Eastern and Judaic Studies, $50,000 shall be awarded to Putnam

County Library, Cookeville, Tennessee, to improve exhibits and

purchase technology upgrades, $100,000 shall be awarded to

Reading Company Technical and Historical Society, Inc., Reading,

Pennsylvania, to expand interpretive activities, $550,000 shall be

awarded to Rochester Museum & Science Center, Rochester, New

York, for expansion of exhibitions, $350,000 shall be awarded to

Rock and Roll Hall of Fame and Museum, Cleveland, Ohio, for

music education programs, $200,000 shall be awarded to Saint

Louis County Economic Council, Saint Louis, Missouri, for Jefferson

Barracks, $100,000 shall be awarded to Sam Davis Memorial

Association, Smyrna, Tennessee, for interpretive exhibits and education programs for the Sam Davis Home, $350,000 shall be

awarded to San Bernardino County, San Bernardino, California,

for the San Bernardino County Museum, $300,000 shall be awarded

to Save the Speaker’s House, Inc., Trappe, Pennsylvania, $315,000

shall be awarded to Sci-Quest, The North Alabama Science Center,

Huntsville, Alabama, for science and mathematics education programs, $175,000 shall be awarded to Serra Cooperative Library

System, San Diego, California, $100,000 shall be awarded to Simon

Wiesenthal Center’s Los Angeles Museum for Tolerance, Los

Angeles, California, for the Tools for Tolerance for Educators program to provide teacher training in diversity, tolerance and cooperation, $50,000 shall be awarded to Smithtown Library, Smithtown,

New York, for equipment and technology for its Virtual Worldwide

Neighborhood Website Project, $75,000 shall be awarded to Soldiers

and Sailors National Military Museum and Memorial, Pittsburgh,

Pennsylvania, for education and outreach programs, $125,000 shall

118 STAT. 3158 PUBLIC LAW 108–447—DEC. 8, 2004

be awarded to Southwest Missouri State University, Springfield,

Missouri, for digitization of Archives and Rare-book Collections

at the Meyer Library, $250,000 shall be awarded to Stark County

Park District, Canton, Ohio, for exhibits, $1,000,000 shall be

awarded to State Historical Society of Iowa in Des Moines, Iowa,

for the development of exhibits for the World Food Prize, $250,000

shall be awarded to Taft Museum of Art, Cincinnati, Ohio, $600,000

shall be awarded to Tubman African American Museum, Macon,

Georgia, $250,000 shall be awarded to University of Alaska Fairbanks for the continuation of the Alaska Digital Archives project,

$250,000 shall be awarded to University of Vermont of Burlington,

Vermont, for a digitization project for the preservation of Vermont

cultural heritage materials, $500,000 shall be awarded to Vietnam

Archives Center at Texas Tech University, Lubbock, Texas, for

technology infrastructure, $200,000 shall be awarded to Virginia

Living Museum, Newport News, Virginia, for science education,

$135,000 shall be awarded to Waterloo Center for the Arts,

Waterloo, Iowa, for the Youth Pavillion to provide educational programs and exhibit design and development, $400,000 shall be

awarded to Western Reserve Historical Society, Cleveland, Ohio,

$25,000 shall be awarded to William McKinley Presidential Library

and Museum, Canton, Ohio, $50,000 shall be awarded to Williamsburg County Library, Kingstree, South Carolina, for books, library

materials and computers, $250,000 shall be awarded to Winchester

Conservation Museum, Edgefield, South Carolina, $50,000 shall

be awarded to Wisconsin Historical Society, Madison, Wisconsin,

to catalog and microfilm military base papers, $100,000 shall be

awarded to Witte Museum, San Antonio, Texas, for the Water

Works project, $75,000 shall be awarded to Woodmere Art Museum,

Philadelphia, Pennsylvania, for technology upgrades and education

and outreach programs, $500,000 shall be awarded to Woodrow

Wilson Presidential Library, Staunton, Virginia, $100,000 shall be

awarded to World War II Victory Memorial Museum, Auburn,

Indiana, and $75,000 shall be awarded to Zimmer Children’s

Museum, Los Angeles, California, to develop and expand the

youTHink education program.

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social

Security Act, $9,979,000, to be transferred to this appropriation

from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.

NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

SALARIES AND EXPENSES

For necessary expenses for the National Commission on

Libraries and Information Science, established by the Act of July

20, 1970 (Public Law 91–345, as amended), $1,001,000.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3159

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability

as authorized by title IV of the Rehabilitation Act of 1973, as

amended, $3,371,000.

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board

to carry out the functions vested in it by the Labor-Management

Relations Act, 1947, as amended (29 U.S.C. 141–167), and other

laws, $251,875,000: Provided, That no part of this appropriation

shall be available to organize or assist in organizing agricultural

laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural

laborers as referred to in section 2(3) of the Act of July 5, 1935

(29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of

the Act of June 25, 1938 (29 U.S.C. 203), and including in said

definition employees engaged in the maintenance and operation

of ditches, canals, reservoirs, and waterways when maintained or

operated on a mutual, nonprofit basis and at least 95 percent

of the water stored or supplied thereby is used for farming purposes.

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

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

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health

Review Commission (29 U.S.C. 661), $10,595,000.

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,

$108,000,000, which shall include amounts becoming available in

fiscal year 2005 pursuant to section 224(c)(1)(B) of Public Law

98–76; and in addition, an amount, not to exceed 2 percent of

the amount provided herein, shall be available proportional to the

amount by which the product of recipients and the average benefit

received exceeds $108,000,000: Provided, That the total amount

provided herein shall be credited in 12 approximately equal amounts

on the first day of each month in the fiscal year.

118 STAT. 3160 PUBLIC LAW 108–447—DEC. 8, 2004

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for

the payment of benefits under the Railroad Retirement Act for

interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2006, which shall be the maximum

amount available for payment pursuant to section 417 of Public

Law 98–76.

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board for

administration of the Railroad Retirement Act and the Railroad

Unemployment Insurance Act, $103,370,000, to be derived in such

amounts as determined by the Board from the railroad retirement

accounts and from moneys credited to the railroad unemployment

insurance administration fund.

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General

for audit, investigatory and review activities, as authorized by the

Inspector General Act of 1978, as amended, not more than

$7,254,000, to be derived from the railroad retirement accounts

and railroad unemployment insurance account: Provided, That none

of the funds made available in any other paragraph of this Act

may be transferred to the Office; used to carry out any such transfer;

used to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative services for the Office; used to pay any salary, benefit, or

award for any personnel of the Office; used to pay any other

operating expense of the Office; or used to reimburse the Office

for any service provided, or expense incurred, by the Office.

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance

and the Federal Disability Insurance trust funds, as provided under

sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,

$20,454,000.

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act,

section 401 of Public Law 92–603, section 212 of Public Law 93–

66, as amended, and section 405 of Public Law 95–216, including

payment to the Social Security trust funds for administrative

expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $28,586,829,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the

current fiscal year and not obligated by the State during that

year shall be returned to the Treasury.

For making, after June 15 of the current fiscal year, benefit

payments to individuals under title XVI of the Social Security

Act, for unanticipated costs incurred for the current fiscal year,

such sums as may be necessary.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3161

For making benefit payments under title XVI of the Social

Security Act for the first quarter of fiscal year 2006,

$10,930,000,000, to remain available until expended.

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $15,000 for official reception

and representation expenses, not more than $8,674,296,000 may

be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein:

Provided, That not less than $2,000,000 shall be for the Social

Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal

year 2005 not needed for fiscal year 2005 shall remain available

until expended to invest in the Social Security Administration

information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll

administrative expenses associated solely with this information

technology and telecommunications infrastructure: Provided further,

That reimbursement to the trust funds under this heading for

expenditures for official time for employees of the Social Security

Administration pursuant to section 7131 of title 5, United States

Code, and for facilities or support services for labor organizations

pursuant to policies, regulations, or procedures referred to in section

7135(b) of such title shall be made by the Secretary of the Treasury,

with interest, from amounts in the general fund not otherwise

appropriated, as soon as possible after such expenditures are made.

In addition, $124,000,000 to be derived from administration

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3)

of Public Law 93–66, which shall remain available until expended.

To the extent that the amounts collected pursuant to such section

1616(d) or 212(b)(3) in fiscal year 2005 exceed $124,000,000, the

amounts shall be available in fiscal year 2006 only to the extent

provided in advance in appropriations Acts.

In addition, up to $3,600,000 to be derived from fees collected

pursuant to section 303(c) of the Social Security Protection Act

(Public Law 108–203), which shall remain available until expended.

From funds previously appropriated for Federal-State Partnerships, any unobligated balances at the end of fiscal year 2004

shall be transferred to the Supplemental Security Income Program

and remain available until expended to promote Medicare buyin programs targeted to elderly and disabled individuals under

titles XVIII and XIX of the Social Security Act.

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $25,748,000, together with not to exceed

$65,359,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal OldAge and Survivors Insurance Trust Fund and the Federal Disability

Insurance Trust Fund.

118 STAT. 3162 PUBLIC LAW 108–447—DEC. 8, 2004

In addition, an amount not to exceed 3 percent of the total

provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,

to be merged with this account, to be available for the time and

purposes for which this account is available: Provided, That notice

of such transfers shall be transmitted promptly to the Committees

on Appropriations of the House and Senate.

TITLE V—GENERAL PROVISIONS

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances

of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred

balances are used for the same purpose, and for the same periods

of time, for which they were originally appropriated.

SEC. 502. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 503. (a) No part of any appropriation contained in this

Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for

the preparation, distribution, or use of any kit, pamphlet, booklet,

publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State

legislature, except in presentation to the Congress or any State

legislature itself.

(b) No part of any appropriation contained in this Act shall

be used to pay the salary or expenses of any grant or contract

recipient, or agent acting for such recipient, related to any activity

designed to influence legislation or appropriations pending before

the Congress or any State legislature.

SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles

I and III, respectively, for official reception and representation

expenses; the Director of the Federal Mediation and Conciliation

Service is authorized to make available for official reception and

representation expenses not to exceed $5,000 from the funds available for ‘‘Salaries and expenses, Federal Mediation and Conciliation

Service’’; and the Chairman of the National Mediation Board is

authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for ‘‘Salaries

and expenses, National Mediation Board’’.

SEC. 505. Notwithstanding any other provision of this Act,

no funds appropriated under this Act shall be used to carry out

any program of distributing sterile needles or syringes for the

hypodermic injection of any illegal drug.

SEC. 506. When issuing statements, press releases, requests

for proposals, bid solicitations and other documents describing

projects or programs funded in whole or in part with Federal

money, all grantees receiving Federal funds included in this Act,

including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—

(1) the percentage of the total costs of the program or

project which will be financed with Federal money;

Notice.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3163

(2) the dollar amount of Federal funds for the project

or program; and

(3) percentage and dollar amount of the total costs of the

project or program that will be financed by non-governmental

sources.

SEC. 507. (a) None of the funds appropriated under this Act,

and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion.

(b) None of the funds appropriated under this Act, and none

of the funds in any trust fund to which funds are appropriated

under this Act, shall be expended for health benefits coverage

that includes coverage of abortion.

(c) The term ‘‘health benefits coverage’’ means the package

of services covered by a managed care provider or organization

pursuant to a contract or other arrangement.

SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion—

(1) if the pregnancy is the result of an act of rape or

incest; or

(2) in the case where a woman suffers from a physical

disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the

pregnancy itself, that would, as certified by a physician, place

the woman in danger of death unless an abortion is performed.

(b) Nothing in the preceding section shall be construed as

prohibiting the expenditure by a State, locality, entity, or private

person of State, local, or private funds (other than a State’s or

locality’s contribution of Medicaid matching funds).

(c) Nothing in the preceding section shall be construed as

restricting the ability of any managed care provider from offering

abortion coverage or the ability of a State or locality to contract

separately with such a provider for such coverage with State funds

(other than a State’s or locality’s contribution of Medicaid matching

funds).

(d)(1) None of the funds made available in this Act may be

made available to a Federal agency or program, or to a State

or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,

pay for, provide coverage of, or refer for abortions.

(2) In this subsection, the term ‘‘health care entity’’ includes

an individual physician or other health care professional, a hospital,

a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care

facility, organization, or plan.

SEC. 509. (a) None of the funds made available in this Act

may be used for—

(1) the creation of a human embryo or embryos for research

purposes; or

(2) research in which a human embryo or embryos are

destroyed, discarded, or knowingly subjected to risk of injury

or death greater than that allowed for research on fetuses

in utero under 45 CFR 46.208(a)(2) and section 498(b) of the

Public Health Service Act (42 U.S.C. 289g(b)).

(b) For purposes of this section, the term ‘‘human embryo

or embryos’’ includes any organism, not protected as a human

subject under 45 CFR 46 as of the date of the enactment of this

118 STAT. 3164 PUBLIC LAW 108–447—DEC. 8, 2004

Act, that is derived by fertilization, parthenogenesis, cloning, or

any other means from one or more human gametes or human

diploid cells.

SEC. 510. (a) None of the funds made available in this Act

may be used for any activity that promotes the legalization of

any drug or other substance included in schedule I of the schedules

of controlled substances established by section 202 of the Controlled

Substances Act (21 U.S.C. 812).

(b) The limitation in subsection (a) shall not apply when there

is significant medical evidence of a therapeutic advantage to the

use of such drug or other substance or that federally sponsored

clinical trials are being conducted to determine therapeutic advantage.

SEC. 511. None of the funds made available in this Act may

be obligated or expended to enter into or renew a contract with

an entity if—

(1) such entity is otherwise a contractor with the United

States and is subject to the requirement in section 4212(d)

of title 38, United States Code, regarding submission of an

annual report to the Secretary of Labor concerning employment

of certain veterans; and

(2) such entity has not submitted a report as required

by that section for the most recent year for which such requirement was applicable to such entity.

SEC. 512. None of the funds made available in this Act may

be used to promulgate or adopt any final standard under section

1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing

for, or providing for the assignment of, a unique health identifier

for an individual (except in an individual’s capacity as an employer

or a health care provider), until legislation is enacted specifically

approving the standard.

SEC. 513. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriation Act.

SEC. 514. None of the funds made available by this Act to

carry out the Library Services and Technology Act may be made

available to any library covered by paragraph (1) of section 224(f)

of such Act (20 U.S.C. 9134(f)), as amended by the Children’s

Internet Protections Act, unless such library has made the certifications required by paragraph (4) of such section.

SEC. 515. None of the funds made available by this Act to

carry out part D of title II of the Elementary and Secondary

Education Act of 1965 may be made available to any elementary

or secondary school covered by paragraph (1) of section 2441(a)

of such Act (20 U.S.C. 6777(a)), as amended by the Children’s

Internet Protections Act and the No Child Left Behind Act, unless

the local educational agency with responsibility for such covered

school has made the certifications required by paragraph (2) of

such section.

SEC. 516. None of the funds appropriated in this Act may

be used to enter into an arrangement under section 7(b)(4) of

the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with

a nongovernmental financial institution to serve as disbursing agent

for benefits payable under the Railroad Retirement Act of 1974.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3165

SEC. 517. (a) None of the funds provided under this Act, or

provided under previous appropriations Acts to the agencies funded

by this Act that remain available for obligation or expenditure

in fiscal year 2005, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure through a reprogramming of funds that—

(1) creates new programs;

(2) eliminates a program, project, or activity;

(3) increases funds or personnel by any means for any

project or activity for which funds have been denied or

restricted;

(4) relocates an office or employees;

(5) reorganizes or renames offices;

(6) reorganizes programs or activities; or

(7) contracts out or privatizes any functions or activities

presently performed by Federal employees.

None of the funds made available by this Act may be

reprogrammed unless the Appropriations Committees of both

Houses of Congress are notified 15 days in advance of a reprogramming or announcement of intent to reprogram funds, whichever

occurs earlier.

(b) None of the funds provided under this Act, or provided

under previous appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 2005, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

expenditure through a reprogramming of funds in excess of $500,000

or 10 percent, whichever is less, that—

(1) augments existing programs, projects (including

construction projects), or activities;

(2) reduces by 10 percent funding for any existing program,

project, or activity, or numbers of personnel by 10 percent

as approved by Congress; or

(3) results from any general savings from a reduction in

personnel which would result in a change in existing programs,

activities, or projects as approved by Congress; unless the

Appropriations Committees of both Houses of Congress are

notified 15 days in advance of a reprogramming or announcement of intent to reprogram funds, whichever occurs earlier.

SEC. 518. Notwithstanding any other provision of law or regulation, the United States Government’s interest in the property at

1818 W. Northern Lights Boulevard in Anchorage, Alaska, with

legal description: T13N R4W Section 25, NE1⁄4 NW1⁄4 Portion W135

E953 N350, Anchorage Recording District shall be conveyed to

Southcentral Foundation for a replacement Head Start facility.

SEC. 519. (a) IN GENERAL.—Amounts made available under

this Act for the administrative and related expenses for departmental management for the Department of Labor, the Department

of Health and Human Services, and the Department of Education

shall be reduced on a pro rata basis by $18,000,000: Provided,

That not later than 15 days after the enactment of this Act, the

Director of the Office of Management and Budget shall report

to the House and Senate Committees on Appropriations the

accounts subject to the pro rata reductions and the amount to

be reduced in each account.

Deadline.

Reports.

Alaska.

Real property.

118 STAT. 3166 PUBLIC LAW 108–447—DEC. 8, 2004

(b) LIMITATION.—The reduction required by subsection (a) shall

not apply to the Food and Drug Administration and the Indian

Health Service.

This division may be cited as the ‘‘Departments of Labor, Health

and Human Services, and Education, and Related Agencies Appropriations Act, 2005’’.

DIVISION G

LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

TITLE I—LEGISLATIVE BRANCH APPROPRIATIONS

SENATE

EXPENSE ALLOWANCES

For expense allowances of the Vice President, $20,000; the

President Pro Tempore of the Senate, $40,000; Majority Leader

of the Senate, $40,000; Minority Leader of the Senate, $40,000;

Majority Whip of the Senate, $10,000; Minority Whip of the Senate,

$10,000; President Pro Tempore emeritus, $15,000; Chairmen of

the Majority and Minority Conference Committees, $5,000 for each

Chairman; and Chairmen of the Majority and Minority Policy

Committees, $5,000 for each Chairman; in all, $195,000.

REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY

LEADERS

For representation allowances of the Majority and Minority

Leaders of the Senate, $15,000 for each such Leader; in all, $30,000.

SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, and others as authorized by law, including agency contributions, $134,840,000, which

shall be paid from this appropriation without regard to the following

limitations:

OFFICE OF THE VICE PRESIDENT

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

OFFICE OF THE PRESIDENT PRO TEMPORE

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

OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS

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

OFFICES OF THE MAJORITY AND MINORITY LEADERS

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

OFFICES OF THE MAJORITY AND MINORITY WHIPS

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

2 USC 60a note.

Legislative

Branch

Appropriations

Act, 2005.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3167

COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $13,301,000.

CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the

Minority, at rates of compensation to be fixed by the Chairman

of each such committee, $1,413,000 for each such committee; in

all, $2,826,000.

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY

AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $702,000.

POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority Policy Committee, $1,473,000 for each such committee; in all,

$2,946,000.

OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $341,000.

OFFICE OF THE SECRETARY

For Office of the Secretary, $19,586,000.

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office of the Sergeant at Arms and Doorkeeper,

$50,635,000.

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary

for the Minority, $1,528,000.

AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized

by law, and related expenses, $33,779,000.

OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative

Counsel of the Senate, $5,152,000.

OFFICE OF SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel,

$1,265,000.

EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $6,000;

Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary

118 STAT. 3168 PUBLIC LAW 108–447—DEC. 8, 2004

for the Majority of the Senate, $6,000; Secretary for the Minority

of the Senate, $6,000; in all, $24,000.

CONTINGENT EXPENSES OF THE SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the

Senate, or conducted under section 134(a) of the Legislative Reorganization Act of 1946 (Public Law 97–601), section 112 of the Supplemental Appropriations and Rescission Act, 1980 (Public Law 96–

304), and Senate Resolution 281, 96th Congress, agreed to March

11, 1980, $110,000,000.

EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on Inter- national Narcotics Control, $520,000.

SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate,

$1,700,000.

SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $127,182,000, of which $20,045,000 shall

remain available until September 30, 2007, and of which $4,255,000

shall remain available until September 30, 2009.

MISCELLANEOUS ITEMS

For miscellaneous items, $18,326,000, of which up to $500,000

shall be made available for a pilot program for mailings of postal

patron postcards by Senators for the purpose of providing notice

of a town meeting by a Senator in a county (or equivalent unit

of local government) at which the Senator will personally attend:

Provided, That any amount allocated to a Senator for such mailing

shall not exceed 50 percent of the cost of the mailing and the

remaining cost shall be paid by the Senator from other funds

available to the Senator.

SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account,

$326,533,000.

OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate,

$300,000.

ADMINISTRATIVE PROVISIONS

SEC. 1. GROSS RATE OF COMPENSATION IN OFFICES OF SENATORS. Effective on and after October 1, 2004, each of the dollar

amounts contained in the table under section 105(d)(1)(A) of the

Legislative Branch Appropriations Act, 1968 (2 U.S.C. 61–1(d)(1)(A))

shall be deemed to be the dollar amounts in that table, as adjusted

2 USC 61–1 note.

2 USC 61–1.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3169

by law and in effect on September 30, 2004, increased by an

additional $50,000 each.

SEC. 2. CONSULTANTS. With respect to fiscal year 2005, the

first sentence of section 101(a) of the Supplemental Appropriations

Act, 1977 (2 U.S.C. 61h–6(a)) shall be applied by substituting ‘‘nine

individual consultants’’ for ‘‘eight individual consultants’’.

SEC. 3. UNITED STATES SENATE COLLECTION. Section 316 of

Public Law 101–302 (2 U.S.C. 2107) is amended in the first sentence

of subsection (a) by striking ‘‘2004’’ and inserting ‘‘2005’’.

SEC. 4. PRESIDENT PRO TEMPORE EMERITUS OF THE SENATE. Section 7(e) of the Legislative Branch Appropriations Act, 2003

(2 U.S.C. 32b note) is amended by inserting ‘‘and the 109th Congress’’ after ‘‘108th Congress’’.

SEC. 5. TRANSFER OF FUNDS FROM APPROPRIATIONS ACCOUNT

OF THE OFFICE OF THE VICE PRESIDENT AND THE OFFICES OF THE

SECRETARIES FOR THE MAJORITY AND MINORITY TO THE SENATE

CONTINGENT FUND. (a) OFFICE OF THE VICE PRESIDENT.—

(1) IN GENERAL.—Upon the written request of the Vice

President, the Secretary of the Senate shall transfer from the

appropriations account appropriated under the subheading

‘‘OFFICE OF THE VICE PRESIDENT’’ under the heading ‘‘SALARIES,

OFFICERS AND EMPLOYEES’’ such amount as the Vice President

shall specify to the appropriations account under the heading

‘‘MISCELLANEOUS ITEMS’’ within the contingent fund of the

Senate.

(2) AUTHORITY TO INCUR EXPENSES.—The Vice President

may incur such expenses as may be necessary or appropriate.

Expenses incurred by the Vice President shall be paid from

the amount transferred under paragraph (1) by the Vice President and upon vouchers approved by the Vice President.

(3) AUTHORITY TO ADVANCE SUMS.—The Secretary of the

Senate may advance such sums as may be necessary to defray

expenses incurred in carrying out paragraphs (1) and (2).

(b) OFFICES OF THE SECRETARIES FOR THE MAJORITY AND

MINORITY.—

(1) IN GENERAL.—Upon the written request of the Secretary

for the Majority or the Secretary for the Minority, the Secretary

of the Senate shall transfer from the appropriations account

appropriated under the subheading ‘‘OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY’’ under the heading

‘‘SALARIES, OFFICERS AND EMPLOYEES’’ such amount as the

Secretary for the Majority or the Secretary for the Minority

shall specify to the appropriations account under the heading

‘‘MISCELLANEOUS ITEMS’’ within the contingent fund of the

Senate.

(2) AUTHORITY TO INCUR EXPENSES.—The Secretary for the

Majority or the Secretary for the Minority may incur such

expenses as may be necessary or appropriate. Expenses

incurred by the Secretary for the Majority or the Secretary

for the Minority shall be paid from the amount transferred

under paragraph (1) by the Secretary for the Majority or the

Secretary for the Minority and upon vouchers approved by

the Secretary for the Majority or the Secretary for the Minority,

as applicable.

(3) AUTHORITY TO ADVANCE SUMS.—The Secretary of the

Senate may advance such sums as may be necessary to defray

expenses incurred in carrying out paragraphs (1) and (2).

2 USC 31a–2d.

2 USC 61h–6

note.

118 STAT. 3170 PUBLIC LAW 108–447—DEC. 8, 2004

(c) EFFECTIVE DATE.—This section shall apply to fiscal year

2005 and each fiscal year thereafter.

SEC. 6. ACTIVITIES RELATING TO FOREIGN PARLIAMENTARY

GROUPS AND FOREIGN OFFICIALS. Section 2(c) of chapter VIII of

title I of the Supplemental Appropriations Act, 1987 (2 U.S.C.

65f(c)) is amended in the first sentence by striking ‘‘with the

approval of’’ and inserting ‘‘and upon notification to’’.

SEC. 7. TRANSPORTATION OF OFFICIAL RECORDS AND PAPERS

TO A SENATOR’S STATE. (a) PAYMENT OF REASONABLE TRANSPOR- TATION EXPENSES.—Upon request of a Senator, amounts in the

appropriation account ‘‘Miscellaneous Items’’ within the contingent

fund of the Senate shall be available to pay the reasonable expenses

of sending or transporting the official records and papers of the

Senator from the District of Columbia to any location designated

by such Senator in the State represented by the Senator.

(b) SENDING AND TRANSPORTATION.—The Sergeant at Arms and

Doorkeeper of the Senate shall provide for the most economical

means of sending or transporting the official records and papers

under this section while ensuring the orderly and timely delivery

of the records and papers to the location specified by the Senator.

(c) OVERSIGHT.—The Committee on Rules and Administration

shall have the authority to issue rules and regulations to carry

out the provisions of this section.

(d) OFFICIAL RECORDS DEFINED.—In this section, the term ‘‘official records and papers’’ means books, records, papers, and official

files which could be sent as franked mail.

(e) EFFECTIVE DATE.—This section shall apply with respect

to fiscal year 2005 and each succeeding fiscal year.

SEC. 8. COMPENSATION FOR LOST OR DAMAGED PROPERTY. (a)

IN GENERAL.—Any amounts received by the Sergeant at Arms

and Doorkeeper of the Senate (in this section referred to as the

‘‘Sergeant at Arms’’) for compensation for damage to, loss of, or

loss of use of property of the Sergeant at Arms that was procured

using amounts available to the Sergeant at Arms in the account

for Contingent Expenses, Sergeant at Arms and Doorkeeper of

the Senate, shall be credited to that account or, if applicable,

to any subaccount of that account.

(b) AVAILABILITY.—Amounts credited to any account or subaccount under subsection (a) shall be merged with amounts in

that account or subaccount and shall be available to the same

extent, and subject to the same terms and conditions, as amounts

in that account or subaccount.

(c) EFFECTIVE DATE.—This section shall apply with respect

to fiscal year 2005 and each fiscal year thereafter.

SEC. 9. AGE REQUIREMENT FOR SENATE PAGES. Section 491(b)(1)

of the Legislative Reorganization Act of 1970 (2 U.S.C. 88b–1(b)(1))

is amended by striking ‘‘fourteen’’ and inserting ‘‘sixteen’’.

SEC. 10. TREATMENT OF ELECTRONIC SERVICES PROVIDED BY

SERGEANT AT ARMS. The Office of the Sergeant at Arms and Doorkeeper of the United States Senate, and any officer, employee,

or agent of the Office, shall not be treated as acquiring possession,

custody, or control of any electronic mail or other electronic communication, data, or information by reason of its being transmitted,

processed, or stored (whether temporarily or otherwise) through

the use of an electronic system established, maintained, or operated,

or the use of electronic services provided, in whole or in part

by the Office.

2 USC 88b–1.

2 USC 117d–1.

2 USC 59d–1.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3171

SEC. 11. MODIFICATION OF APPLICATION OF SECTION 47 OF

THE REVISED STATUTES. Section 47 of the Revised Statutes of the

United States (2 U.S.C. 48) is amended by striking ‘‘of Senators

shall be certified by the President of the Senate, and those of

Representatives and Delegates’’ and inserting ‘‘of Representatives

and Delegates shall be certified’’.

SEC. 12. OVERSEAS TRAVEL. (a) DEFINITION.—In this section,

the term ‘‘United States’’ means each of the several States of

the United States, the District of Columbia, and the territories

and possessions of the United States.

(b) IN GENERAL.—A member of the Capitol Police may travel

outside of the United States if—

(1) that travel is with, or in preparation for, travel of

a Senator, including travel of a Senator as part of a congressional delegation;

(2) the member of the Capitol Police is performing security

advisory and liaison functions (including advance security liaison preparations) relating to the travel of that Senator; and

(3) the Sergeant at Arms and Doorkeeper of the Senate

gives prior approval to the travel of the member of the Capitol

Police.

(c) LAW ENFORCEMENT FUNCTIONS.—Subsection (b) shall not

be construed to authorize the performance of law enforcement functions by a member of the Capitol Police in connection with the

travel authorized under that subsection.

(d) REIMBURSEMENT.—The Capitol Police shall be reimbursed

for the overtime pay, travel, and related expenses of any member

of the Capitol Police who travels under the authority of this section.

Any reimbursement under this subsection shall be paid from the

account under the heading ‘‘SERGEANT AT ARMS AND DOORKEEPER

OF THE SENATE’’ under the heading ‘‘CONTINGENT EXPENSES OF

THE SENATE’’.

(e) AMOUNTS RECEIVED.—Any amounts received by the Capitol

Police for reimbursements under subsection (d) shall be credited

to the accounts established for the general expenses or salaries

of the Capitol Police, and shall be available to carry out the purposes

of such accounts during the fiscal year in which the amounts

are received and the following fiscal year.

(f) EFFECTIVE DATE.—This section shall apply to fiscal year

2005 and each fiscal year thereafter.

SEC. 13. EXPENSE ALLOWANCES. (a) IN GENERAL.—The matter

under the subheading ‘‘EXPENSE ALLOWANCES OF THE VICE PRESIDENT, PRESIDENT PRO TEMPORE, MAJORITY AND MINORITY LEADERS

AND MAJORITY AND MINORITY WHIPS’’ under the heading ‘‘LEGISLATIVE BRANCH’’ under chapter VI of title I of the Second Supplemental Appropriations Act, 1978 (Public Law 95–355; 92 Stat. 532)

is amended—

(1) in the second sentence (2 U.S.C. 31a–1) (relating to

the Majority and Minority Leaders of the Senate) by striking

‘‘$20,000’’ and inserting ‘‘$40,000’’; and

(2) in the third sentence (2 U.S.C. 32b) (relating to the President pro tempore) by striking ‘‘$20,000’’ and inserting

‘‘$40,000’’.

(b) PRESIDENT PRO TEMPORE EMERITUS.—Section 7(d) of the

Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note)

is amended in the first sentence (relating to the President pro

tempore emeritus) by striking ‘‘$7,500’’ and inserting ‘‘$15,000’’.

2 USC 1975.

118 STAT. 3172 PUBLIC LAW 108–447—DEC. 8, 2004

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to fiscal year 2005 and each fiscal year thereafter.

HOUSE OF REPRESENTATIVES

SALARIES AND EXPENSES

For salaries and expenses of the House of Representatives, $1,048,581,000, as follows:

HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $18,678,000,

including: Office of the Speaker, $2,708,000, including $25,000 for

official expenses of the Speaker; Office of the Majority Floor Leader,

$2,027,000, including $10,000 for official expenses of the Majority

Leader; Office of the Minority Floor Leader, $2,840,000, including

$10,000 for official expenses of the Minority Leader; Office of the

Majority Whip, including the Chief Deputy Majority Whip,

$1,741,000, including $5,000 for official expenses of the Majority

Whip; Office of the Minority Whip, including the Chief Deputy

Minority Whip, $1,303,000, including $5,000 for official expenses

of the Minority Whip; Speaker’s Office for Legislative Floor Activities, $470,000; Republican Steering Committee, $881,000; Republican Conference, $1,500,000; Democratic Steering and Policy Committee, $1,589,000; Democratic Caucus, $792,000; nine minority

employees, $1,409,000; training and program development—

majority, $290,000; training and program development—minority,

$290,000; Cloakroom Personnel—majority, $419,000; and Cloakroom Personnel—minority, $419,000.

MEMBERS’ REPRESENTATIONAL ALLOWANCES

INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF

MEMBERS, AND OFFICIAL MAIL

For Members’ representational allowances, including Members’

clerk hire, official expenses, and official mail, $521,195,000.

COMMITTEE EMPLOYEES

STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and

select, authorized by House resolutions, $114,299,000: Provided,

That such amount shall remain available for such salaries and

expenses until December 31, 2006.

COMMITTEE ON APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations,

$24,926,000, including studies and examinations of executive agencies and temporary personal services for such committee, to be

expended in accordance with section 202(b) of the Legislative

Reorganization Act of 1946 and to be available for reimbursement

to agencies for services performed: Provided, That such amount

shall remain available for such salaries and expenses until

December 31, 2006.

2 USC 31a–1

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3173

SALARIES, OFFICERS AND EMPLOYEES

For compensation and expenses of officers and employees, as authorized by law, $160,133,000, including: for salaries and

expenses of the Office of the Clerk, including not more than $13,000,

of which not more than $10,000 is for the Family Room, for official

representation and reception expenses, $20,534,000; for salaries

and expenses of the Office of the Sergeant at Arms, including

the position of Superintendent of Garages, and including not more

than $3,000 for official representation and reception expenses,

$5,879,000; for salaries and expenses of the Office of the Chief

Administrative Officer, $116,034,000, of which $7,500,000 shall

remain available until expended; for salaries and expenses of the

Office of the Inspector General, $3,986,000; for salaries and

expenses of the Office of Emergency Planning, Preparedness and

Operations, $1,000,000, to remain available until expended; for

salaries and expenses of the Office of General Counsel, $962,000;

for the Office of the Chaplain, $155,000; for salaries and expenses

of the Office of the Parliamentarian, including the Parliamentarian

and $2,000 for preparing the Digest of Rules, $1,673,000; for salaries

and expenses of the Office of the Law Revision Counsel of the

House, $2,346,000; for salaries and expenses of the Office of the

Legislative Counsel of the House, $6,721,000; for salaries and

expenses of the Office of Interparliamentary Affairs, $687,000; and

for other authorized employees, $156,000.

ALLOWANCES AND EXPENSES

For allowances and expenses as authorized by House resolution or law, $209,350,000, including: supplies, materials, administrative

costs and Federal tort claims, $4,350,000; official mail for committees, leadership offices, and administrative offices of the House,

$410,000; Government contributions for health, retirement, Social

Security, and other applicable employee benefits, $203,900,000; and

miscellaneous items including purchase, exchange, maintenance,

repair and operation of House motor vehicles, interparliamentary

receptions, and gratuities to heirs of deceased employees of the

House, $690,000.

CHILD CARE CENTER

For salaries and expenses of the House of Representatives

Child Care Center, such amounts as are deposited in the account

established by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (2 U.S.C. 2112), subject to the level specified in

the budget of the Center, as submitted to the Committee on Appropriations of the House of Representatives.

ADMINISTRATIVE PROVISIONS

SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’

REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any

other provision of law, any amounts appropriated under this Act

for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—

MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only

for fiscal year 2005. Any amount remaining after all payments

are made under such allowances for fiscal year 2005 shall be

118 STAT. 3174 PUBLIC LAW 108–447—DEC. 8, 2004

deposited in the Treasury and used for deficit reduction (or, if

there is no Federal budget deficit after all such payments have

been made, for reducing the Federal debt, in such manner as

the Secretary of the Treasury considers appropriate).

(b) REGULATIONS.—The Committee on House Administration

of the House of Representatives shall have authority to prescribe

regulations to carry out this section.

(c) DEFINITION.—As used in this section, the term ‘‘Member

of the House of Representatives’’ means a Representative in, or

a Delegate or Resident Commissioner to, the Congress.

SEC. 102. NET EXPENSES OF TELECOMMUNICATIONS REVOLVING

FUND. (a) There is hereby established in the Treasury of the United

States a revolving fund for the House of Representatives to be

known as the Net Expenses of Telecommunications Revolving Fund

(hereafter in this section referred to as the ‘‘Revolving Fund’’),

consisting of funds deposited by the Chief Administrative Officer

of the House of Representatives from amounts provided by legislative branch offices to purchase, lease, obtain, and maintain the

data and voice telecommunications services and equipment located

in such offices.

(b) Amounts in the Revolving Fund shall be used by the Chief

Administrative Officer without fiscal year limitation to purchase,

lease, obtain, and maintain the data and voice telecommunications

services and equipment of legislative branch offices.

(c) The Revolving Fund shall be treated as a category of allowances and expenses for purposes of section 101(a) of the Legislative

Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)).

(d) Section 306 of the Legislative Branch Appropriations Act,

1989 (2 U.S.C. 117f) is amended—

(1) by striking subsection (b) and redesignating subsection

(c) as subsection (b); and

(2) in subsection (b) (as so redesignated), by striking ‘‘subsections (a) and (b)’’ and inserting ‘‘subsection (a)’’.

(e) Section 102 of the Legislative Branch Appropriations Act,

2003 (2 U.S.C. 112g) is amended by adding at the end the following

new subsection:

‘‘(e) This section shall not apply with respect to any telecommunications equipment which is subject to coverage under section 103 of the Legislative Branch Appropriations Act, 2005 (relating

to the Net Expenses of Telecommunications Revolving Fund).’’.

(f) This section and the amendments made by this section

shall apply with respect to fiscal year 2005 and each succeeding

fiscal year, except that for purposes of making deposits into the

Revolving Fund under subsection (a), the Chief Administrative

Officer may deposit amounts provided by legislative branch offices

during fiscal year 2004 or any succeeding fiscal year.

SEC. 103. CONTRACT FOR EXERCISE FACILITY. (a) IN GENERAL.—

The Chief Administrative Officer of the House of Representatives

shall enter into a contract on a competitive basis with a private

entity for the management, operation, and maintenance of the

exercise facility established for the use of employees of the House

of Representatives which is constructed with funds made available

under this Act.

(b) USE OF FEES TO SUPPORT CONTRACT.—Any amounts paid

as fees for the use of the exercise facility described in subsection

(a) shall be used to cover costs incurred by the Chief Administrative

Officer under the contract entered into under this section or to

2 USC 112h.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3175

otherwise support the management, operation, and maintenance

of the facility, and shall remain available until expended.

SEC. 104. SENSE OF THE HOUSE. It is the sense of the House

of Representatives that Members of the House who use vehicles

in traveling for official and representational purposes, including

Members who lease vehicles for which the lease payments are

made using funds provided under the Members’ Representational

Allowance, are encouraged to use hybrid electric and alternatively

fueled vehicles whenever possible, as the use of these vehicles

will help to move our Nation toward the use of a hydrogen fuel

cell vehicle and reduce our dependence on oil.

SEC. 105. (a) ESTABLISHMENT OF HOUSE SERVICES REVOLVING

FUND.—There is hereby established in the Treasury of the United

States a revolving fund for the House of Representatives to be

known as the ‘‘House Services Revolving Fund’’ (hereafter in this

section referred to as the ‘‘Revolving Fund’’), consisting of funds

deposited by the Chief Administrative Officer of the House of Representatives from all amounts received by the House of Representatives with respect to the following activities:

(1) The operation of the House Barber Shop.

(2) The operation of the House Beauty Shop.

(3) The operation of the House Restaurant System

(including vending operations).

(4) The provision of mail services to entities which are

not part of the House of Representatives.

(b) USE OF AMOUNTS IN FUND.—Amounts in the Revolving

Funds shall be used for any purpose designated by the Chief

Administrative Officer which is approved by the Committee on

Appropriations of the House of Representatives.

(c) TRANSFER AUTHORITY.—The Revolving Fund shall be treated

as a category of allowances and expenses for purposes of section

101(a) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C.

95b(a)).

(d) TERMINATION AND TRANSFER OF EXISTING FUNDS AND

ACCOUNTS.—

(1) IN GENERAL.—Each fund and account specified in paragraph (2) is hereby terminated, and the balance of each such

fund and account is hereby transferred to the Revolving Fund.

(2) FUNDS AND ACCOUNTS SPECIFIED.—The funds and

accounts referred to in paragraph (1) are as follows:

(A) The revolving fund for the House Barber Shop,

established by the paragraph under the heading ‘‘HOUSE

BARBER SHOPS REVOLVING FUND’’ in the matter

relating to the House of Representatives in chapter III

of title I of the Supplemental Appropriations Act, 1975

(Public Law 93–554; 88 Stat. 1776).

(B) The revolving funds for the House Beauty Shop,

established by the matter under the heading ‘‘HOUSE

BEAUTY SHOP’’ in the matter relating to administrative

provisions for the House of Representatives in the Legislative Branch Appropriations Act, 1970 (Public Law 91–145;

83 Stat. 347).

(C) The special deposit account established for the

House of Representatives Restaurant by section 208 of

the First Supplemental Civil Functions Appropriation Act,

1941 (2 U.S.C. 2041 note), or any successor fund or account

2 USC 117m.

118 STAT. 3176 PUBLIC LAW 108–447—DEC. 8, 2004

established for the receipt of revenues of the House Restaurant System.

(e) EFFECTIVE DATE.—This section shall take effect October

1, 2004, and shall apply with respect to fiscal year 2005 and

each succeeding fiscal year.

SEC. 106. (a) If the Clerk of the House of Representatives

is required under any law, rule, or regulation to make available

for public inspection a report, statement, or other document filed

with the Office of the Clerk, the Clerk shall preserve the report,

statement, or document—

(1) for a period of 6 years from the date on which the

document is filed; or

(2) if the law, rule, or regulation so provides, the period

required under such law, rule, or regulation.

(b) Subsection (a) shall apply with respect to reports, statements, and documents filed before, on, or after the date of the

enactment of this Act.

SEC. 107. (a) PERMITTING ORGANIZATIONAL CAUCUSES AND CONFERENCES TO BE HELD AT ANY TIME.—Section 202(a)(1) of House

Resolution 988, Ninety-third Congress, agreed to on October 8,

1974, and enacted into permanent law by chapter III of title I

of the Supplemental Appropriations Act, 1975 (2 U.S.C. 29a(a)(1)),

is amended by striking ‘‘conference, to begin on or after’’ all that

follows through ‘‘to be attended by all’’ and inserting ‘‘conference

of all’’.

(b) PERIOD OF AVAILABILITY OF PER DIEM.—

(1) MEMBERS.—Section 202(b)(1)(B) of House Resolution

988, Ninety-third Congress, agreed to on October 8, 1974, and

enacted into permanent law by chapter III of title I of the

Supplemental Appropriations Act, 1975 (2 U.S.C. 29a(b)(1)(B)),

is amended by striking ‘‘for a period’’ and all that follows

and inserting a period.

(2) STAFF.—Section 1(b) of House Resolution 10, Ninetyfourth Congress, agreed to on January 14, 1975, and enacted

into permanent law by section 201 of the Legislative Branch

Appropriations Act, 1976 (2 U.S.C. 43b–2(b)), is amended by

striking ‘‘for a period’’ and all that follows and inserting a

period.

(c) APPLICABILITY OF PROVISIONS TO ORIENTATION SESSIONS

FOR NEW MEMBERS.—

(1) MEMBERS.—Section 202 of House Resolution 988,

Ninety-third Congress, agreed to on October 8, 1974, and

enacted into permanent law by chapter III of title I of the

Supplemental Appropriations Act, 1975 (2 U.S.C. 29a), is

amended by adding at the end the following new subsection:

‘‘(d) With the approval of the majority leader (in the case

of a Member or Member-elect of the majority party) or the minority

leader (in the case of a Member or Member-elect of the minority

party), subsections (b) and (c) shall apply with respect to the attendance of a Member or Member-elect at a program conducted by

the Committee on House Administration for the orientation of new

members in the same manner as such provisions apply to the

attendance of the Member or Member-elect at the organizational

caucus or conference.’’.

(2) STAFF.—Section 1 of House Resolution 10, Ninety-fourth

Congress, agreed to on January 14, 1975, and enacted into

Applicability.

Records.

2 USC 104c.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3177

permanent law by section 201 of the Legislative Branch Appropriations Act, 1976 (2 U.S.C. 43b–2), is amended by adding

at the end the following new subsection:

‘‘(c) With the approval of the majority leader (in the case

of a Member or Member-elect of the majority party) or the minority

leader (in the case of a Member or Member-elect of the minority

party), subsections (a) and (b) shall apply with respect to the

attendance of a Member or Member-elect at a program conducted

by the Committee on House Administration for the orientation

of new members in the same manner as such provisions apply

to the attendance of the Member or Member-elect at the organizational caucus or conference.’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to the One Hundred Tenth Congress and

each succeeding Congress.

SEC. 108. (a) Subject to the approval of the Committee on

House Administration, the Chief Administrative Officer of the

House of Representatives shall implement regulations under which

the Chief Administrative Officer shall be authorized to handle any

mail matter delivered by the United States Postal Service or any

other carrier to the House of Representatives, or to any other

entity with whom the Chief Administrative Officer has entered

into an agreement to receive mail matter delivered to the entity,

in such manner as the Chief Administrative Officer deems necessary

to ensure the safety of any individuals who may come into contact

with, or otherwise be exposed to, such mail matter.

(b) No action taken under the regulations implemented pursuant to this section may serve as a basis for civil or criminal liability

of any individual or entity.

(c) As used in this section, the term ‘‘handle’’ includes but

is not limited to collecting, isolating, testing, opening, disposing,

and destroying.

(d) This section shall apply with respect to fiscal year 2004

and each succeeding fiscal year.

SEC. 109. (a) There is established in the House of Representatives an office to be known as the Republican Policy Committee,

which shall have such responsibilities as may be assigned by the

chair of the Republican Conference.

(b) There shall be a lump sum allowance for the salaries and

expenses of the Republican Policy Committee, which shall be treated

as a category of House leadership offices for purposes of section

101(c) of the Legislative Branch Appropriations Act, 1993 (2 U.S.C.

95b(c)).

(c) This section shall apply with respect to fiscal year 2005

and each succeeding fiscal year.

SEC. 110. The first sentence of section 5 of House Resolution

1238, Ninety-first Congress, agreed to December 22, 1970 (as

enacted into permanent law by chapter VIII of the supplemental

Appropriations Act, 1971) (2 U.S.C. 31b–5), is amended—

(1) by striking ‘‘step 5 of level 11’’ and inserting ‘‘step

11 of level 13’’; and

(2) by striking ‘‘step 9 of level 8’’ and inserting ‘‘step 8

of level 12’’.

JOINT ITEMS

For Joint Committees, as follows:

Applicability.

Establishment.

2 USC 74a–13.

Applicability.

Regulations.

2 USC 117j–1.

2 USC 29a note.

Applicability.

118 STAT. 3178 PUBLIC LAW 108–447—DEC. 8, 2004

JOINT ECONOMIC COMMITTEE

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

JOINT COMMITTEE ON TAXATION

For salaries and expenses of the Joint Committee on Taxation, $8,433,000, to be disbursed by the Chief Administrative Officer

of the House of Representatives.

For other joint items, as follows:

OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of

the emergency rooms, and for the Attending Physician and his

assistants, including: (1) an allowance of $2,175 per month to the

Attending Physician; (2) an allowance of $725 per month each

to four medical officers while on duty in the Office of the Attending

Physician; (3) an allowance of $725 per month to two assistants

and $580 per month each not to exceed 11 assistants on the basis

heretofore provided for such assistants; and (4) $1,680,000 for

reimbursement to the Department of the Navy for expenses incurred

for staff and equipment assigned to the Office of the Attending

Physician, which shall be advanced and credited to the applicable

appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for

all the purposes thereof, $2,528,000, to be disbursed by the Chief

Administrative Officer of the House of Representatives.

CAPITOL GUIDE SERVICE AND SPECIAL SERVICES OFFICE

For salaries and expenses of the Capitol Guide Service and Special Services Office, $3,844,000, to be disbursed by the Secretary

of the Senate: Provided, That no part of such amount may be

used to employ more than 58 individuals: Provided further, That

the Capitol Guide Board is authorized, during emergencies, to

employ not more than two additional individuals for not more

than 120 days each, and not more than 10 additional individuals

for not more than 6 months each, for the Capitol Guide Service.

STATEMENTS OF APPROPRIATIONS

For the preparation, under the direction of the Committees

on Appropriations of the Senate and the House of Representatives,

of the statements for the second session of the 108th Congress,

showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriations bills as required by law, $30,000, to be paid

to the persons designated by the chairmen of such committees

to supervise the work.

CAPITOL POLICE

SALARIES

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

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3179

insurance, and other applicable employee benefits, $203,440,000,

to be disbursed by the Chief of the Capitol Police or his designee.

GENERAL EXPENSES

For necessary expenses of the Capitol Police, including motor

vehicles, communications and other equipment, security equipment

and installation, uniforms, weapons, supplies, materials, training,

medical services, forensic services, stenographic services, personal

and professional services, the employee assistance program, the

awards program, postage, communication services, travel advances,

relocation of instructor and liaison personnel for the Federal Law

Enforcement Training Center, and not more than $5,000 to be

expended on the certification of the Chief of the Capitol Police

in connection with official representation and reception expenses,

$28,888,000, to be disbursed by the Chief of the Capitol Police

or his designee: Provided, That, notwithstanding any other provision

of law, the cost of basic training for the Capitol Police at the

Federal Law Enforcement Training Center for fiscal year 2005

shall be paid by the Secretary of Homeland Security from funds

available to the Department of Homeland Security.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 1001. TRANSFER AUTHORITY. Amounts appropriated for

fiscal year 2005 for the Capitol Police may be transferred between

the headings ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ upon the

approval of the Committees on Appropriations of the Senate and

the House of Representatives.

SEC. 1002. LIMITATION ON CERTAIN HIRING AUTHORITY OF CAPITOL POLICE. Section 1006(b) of the Legislative Branch Appropriations Act, 2004 (Public Law 108–83; 117 Stat. 1023) is amended—

(1) in paragraph (3)—

(A) in subparagraph (B), by inserting at the end ‘‘The

Chief of Police may hire individuals under this subsection

who are not submitted for selection under this subparagraph. All hirings under this subparagraph shall comply

with the limitations under this paragraph for any fiscal

year.’’; and

(B) in subparagraph (C), by striking ‘‘(C) LIMITATION.—

’’ and inserting ‘‘(C) LIMITATION FOR FISCAL YEAR 2004.—

’’; and

(C) by adding at the end the following:

‘‘(D) LIMITATION FOR FISCAL YEAR 2005.—During fiscal

year 2005, the number of individuals hired under this

subsection may not exceed—

‘‘(i) the number of Library of Congress Police

employees who separated from service or transferred

to a position other than a Library of Congress Police

employee position during fiscal year 2004 for whom

a corresponding hire was not made under this subsection; and

‘‘(ii) the number of Library of Congress Police

employees who separate from service or transfer to

a position other than a Library of Congress Police

employee position during fiscal year 2005.’’; and

2 USC 1901 note.

118 STAT. 3180 PUBLIC LAW 108–447—DEC. 8, 2004

(2) in paragraph (4), by striking the first sentence and

inserting ‘‘Notwithstanding subsection (a)(1)(C), the Chief of

the Capitol Police may detail an individual hired under this

subsection to the Library of Congress Police on a nonreimbursable basis. Any individual detailed under this subsection shall

receive necessary training, including training by the Library

of Congress Police.’’.

SEC. 1003. AUTHORIZATION OF WEAPONS. Section 1824 of the

Revised Statutes (2 U.S.C. 1941) is amended—

(1) in the first sentence—

(A) by striking ‘‘The Sergeant at Arms of the Senate

and the Sergeant at Arms of the House of Representatives’’

and inserting ‘‘The Capitol Police Board’’; and

(B) by striking all beginning with ‘‘payable out’’

through the period and inserting ‘‘payable from appropriations to the Capitol Police upon certification of payment

by the Chief of the Capitol Police.’’; and

(2) in the second sentence—

(A) by inserting ‘‘or other arms as authorized by the

Capitol Police Board’’ after ‘‘furnished’’; and

(B) by striking ‘‘the Sergeant at Arms of the Senate

and the Sergeant at Arms of the House of Representatives’’

and inserting ‘‘the Capitol Police Board’’.

SEC. 1004. SOLE AND EXCLUSIVE AUTHORITY OF BOARD AND

CHIEF TO DETERMINE RATES OF PAY. (a) IN GENERAL.—The Capitol

Police Board and the Chief of the Capitol Police shall have the

sole and exclusive authority to determine the rates and amounts

for each of the following for members of the Capitol Police:

(1) The rate of basic pay (including the rate of basic pay

upon appointment), premium pay, specialty assignment and

proficiency pay, and merit pay.

(2) The rate of cost-of-living adjustments, comparability

adjustments, and locality adjustments.

(3) The amount for recruitment and relocation bonuses.

(4) The amount for retention allowances.

(5) The amount for educational assistance payments.

(b) NO REVIEW OR APPEAL PERMITTED.—The determination of

a rate or amount described in subsection (a) may not be subject

to review or appeal in any manner.

(c) RULE OF CONSTRUCTION.—Nothing in this section may be

construed to affect—

(1) any authority provided under law for a committee of

the House of Representatives or Senate, or any other entity

of the legislative branch, to review or approve any determination of a rate or amount described in subsection (a);

(2) any rate or amount described in subsection (a) which

is established under law; or

(3) the terms of any collective bargaining agreement.

(d) EFFECTIVE DATE.—This section shall apply with respect

to fiscal year 2005 and each succeeding fiscal year.

SEC. 1005. ACCEPTANCE OF DONATIONS OF ANIMALS. (a) IN

GENERAL.—The Capitol Police may accept the donation of animals

to be used in the canine units of the Capitol Police.

(b) EFFECTIVE DATE.—This section shall apply with respect

to fiscal year 2005 and each fiscal year thereafter.

SEC. 1006. SETTLEMENT AND PAYMENT OF TORT CLAIMS. (a)

FEDERAL TORT CLAIMS ACT.— 2 USC 1977.

2 USC 1976.

2 USC 1921a.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3181

(1) IN GENERAL.—Except as provided in paragraph (2), the

Chief of the Capitol Police, in accordance with regulations

prescribed by the Attorney General and any regulations as

the Capitol Police Board may prescribe, may consider, ascertain,

determine, compromise, adjust, and settle, in accordance with

the provisions of chapter 171 of title 28, United States Code,

any claim for money damages against the United States for

injury or loss of property or personal injury or death caused

by the negligent or wrongful act or omission of any employee

of the Capitol Police while acting within the scope of his office

or employment, under circumstances where the United States,

if a private person, would be liable to the claimant in accordance

with the law of the place where the act or omission occurred.

(2) SPECIAL RULE FOR CLAIMS MADE BY MEMBERS OF CON- GRESS AND CONGRESSIONAL EMPLOYEES.— (A) IN GENERAL.—With respect to any claim described

in paragraph (1) which is made by a Member of Congress

or any officer or employee of Congress, the Chief of the

Capitol Police shall—

(i) not later than 14 days after the receipt of such

a claim, notify the Chairman of the applicable Committee of the receipt of the claim; and

(ii) not later than 90 days after the receipt of

such a claim, submit a proposal for the resolution

of such claim which shall be subject to the approval

of the Chairman of the applicable Committee.

(B) EXTENSION.—The 90-day period in subparagraph

(A)(ii) may be extended for an additional period (not to

exceed 90 days) for good cause by the Chairman of the

applicable Committee, upon the request of the Chief of

the Capitol Police.

(C) APPROVAL CONSISTENT WITH FEDERAL TORT CLAIMS

ACT.—Nothing in this paragraph may be construed to

permit the Chairman of an applicable Committee to

approve a proposal for the resolution of a claim described

in paragraph (1) which is not consistent with the terms

and conditions applicable under chapter 171 of title 28,

United States Code, to the resolution of claims for money

damages against the United States.

(D) APPLICABLE COMMITTEE DEFINED.—In this paragraph, the term ‘‘applicable Committee’’ means—

(i) the Committee on Rules and Administration

of the Senate, in the case of a claim of a Senator

or an officer or employee whose pay is disbursed by

the Secretary of the Senate; or

(ii) the Committee on House Administration of the

House of Representatives, in the case of a Member

of the House of Representatives (including a Delegate

or Resident Commissioner to the Congress) or an officer

or employee whose pay is disbursed by the Chief

Administrative Officer of the House of Representatives.

(3) HEAD OF AGENCY.—For purposes of section 2672 of

title 28, United States Code, the Chief of the Capitol Police

shall be the head of a Federal agency with respect to the

Capitol Police.

(4) REGULATIONS.—The Capitol Police Board may prescribe

regulations to carry out this subsection.

Notification.

Deadlines.

118 STAT. 3182 PUBLIC LAW 108–447—DEC. 8, 2004

(b) CLAIMS OF EMPLOYEES OF CAPITOL POLICE.—

(1) IN GENERAL.—The Capitol Police Board may prescribe

regulations to apply the provisions of section 3721 of title

31, United States Code, for the settlement and payment of

a claim against the Capitol Police by an employee of the Capitol

Police for damage to, or loss of personal property incident

to service.

(2) LIMITATION.—No settlement and payment of a claim

under regulations prescribed under this subsection may exceed

the limits applicable to the settlement and payment of claims

under section 3721 of title 31, United States Code.

(c) RULE OF CONSTRUCTION.—Nothing in this section may be

construed to affect—

(1) any payment under section 1304 of title 31, United

States Code, of a final judgment, award, compromise settlement, and interest and costs specified in the judgment based

on a claim against the Capitol Police; or

(2) any authority for any—

(A) settlement under section 414 of the Congressional

Accountability Act of 1995 (2 U.S.C. 1414), or

(B) payment under section 415 of that Act (2 U.S.C.

1415).

(d) EFFECTIVE DATE.—This section shall apply to fiscal year

2005 and each fiscal year thereafter.

SEC. 1007. DEPLOYMENT OUTSIDE OF JURISDICTION. (a)

REQUIREMENTS FOR PRIOR NOTICE AND APPROVAL.—The Chief of

the Capitol Police may not deploy any officer outside of the areas

established by law for the jurisdiction of the Capitol Police unless—

(1) the Chief provides prior notification to the Committees

on Appropriations of the House of Representatives and Senate

of the costs anticipated to be incurred with respect to the

deployment; and

(2) the Capitol Police Board gives prior approval to the

deployment.

(b) EXCEPTION FOR CERTAIN SERVICES.—Subsection (a) does

not apply with respect to the deployment of any officer for any

of the following purposes:

(1) Responding to an imminent threat or emergency.

(2) Intelligence gathering.

(3) Providing protective services.

(c) EFFECTIVE DATE.—This section shall apply with respect

to fiscal year 2005 and each succeeding fiscal year.

SEC. 1008. GENERAL COUNSEL. The Capitol Police General

Counsel, in the capacity as in-house counsel and in conjunction

with the Capitol Police Employment Counsel for employment and

labor law matters, shall be responsible for implementing and

maintaining an effective legal compliance system with all applicable

laws, under the oversight of the Capitol Police Board.

SEC. 1009. RELEASE OF SECURITY INFORMATION. (a) DEFINITION.—In this section, the term ‘‘security information’’ means

information that—

(1) is sensitive with respect to the policing, protection,

physical security, intelligence, counterterrorism actions, or

emergency preparedness and response relating to Congress,

any statutory protectee of the Capitol Police, and the Capitol

buildings and grounds; and

2 USC 1979.

Notification.

2 USC 1978.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3183

(2) is obtained by, on behalf of, or concerning the Capitol

Police Board, the Capitol Police, or any incident command

relating to emergency response.

(b) AUTHORITY OF BOARD TO DETERMINE CONDITIONS OF

RELEASE.—Notwithstanding any other provision of law, any security

information in the possession of the Capitol Police may be released

by the Capitol Police to another entity, including an individual,

only if the Capitol Police Board determines in consultation with

other appropriate law enforcement officials, experts in security

preparedness, and appropriate committees of Congress, that the

release of the security information will not compromise the security

and safety of the Capitol buildings and grounds or any individual

whose protection and safety is under the jurisdiction of the Capitol

Police.

(c) RULE OF CONSTRUCTION.—Nothing in this section may be

construed to affect the ability of the Senate and the House of

Representatives (including any Member, officer, or committee of

either House of Congress) to obtain information from the Capitol

Police regarding the operations and activities of the Capitol Police

that affect the Senate and House of Representatives.

(d) REGULATIONS.—The Capitol Police Board may promulgate

regulations to carry out this section, with the approval of the

Committee on Rules and Administration of the Senate and the

Committee on House Administration of the House of Representatives.

(e) EFFECTIVE DATE.—This section shall take effect on the

date of enactment of this Act and apply with respect to—

(1) any remaining portion of fiscal year 2004, if this Act

is enacted before October 1, 2004; and

(2) fiscal year 2005 and each fiscal year thereafter.

OFFICE OF COMPLIANCE

SALARIES AND EXPENSES

For salaries and expenses of the Office of Compliance, as

authorized by section 305 of the Congressional Accountability Act

of 1995 (2 U.S.C. 1385), $2,421,000, of which $305,000 shall remain

available until September 30, 2006: Provided, That the Executive

Director of the Office of Compliance may, within the limits of

available appropriations, dispose of surplus or obsolete personal

property by interagency transfer, donation, or discarding.

CONGRESSIONAL BUDGET OFFICE

SALARIES AND EXPENSES

For salaries and expenses necessary for operation of the

Congressional Budget Office, including not more than $3,000 to

be expended on the certification of the Director of the Congressional

Budget Office in connection with official representation and reception expenses, $34,919,000.

118 STAT. 3184 PUBLIC LAW 108–447—DEC. 8, 2004

ARCHITECT OF THE CAPITOL

GENERAL ADMINISTRATION

For salaries for the Architect of the Capitol, and other personal

services, at rates of pay provided by law; for surveys and studies

in connection with activities under the care of the Architect of

the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol

including the Botanic Garden; electrical substations of the Capitol,

Senate and House office buildings, and other facilities under the

jurisdiction of the Architect of the Capitol; including furnishings

and office equipment; including not more than $5,000 for official

reception and representation expenses, to be expended as the

Architect of the Capitol may approve; for purchase or exchange,

maintenance, and operation of a passenger motor vehicle,

$80,347,000, of which $2,220,000 shall remain available until September 30, 2009.

CAPITOL BUILDING

(INCLUDING TRANSFER OF FUNDS)

For all necessary expenses for the maintenance, care, and operation of the Capitol, $28,857,000, of which not more than

$10,600,000, may be transferred for the use of the Capitol Visitor

Center project: Provided, That the amount so transferred shall

be deposited into the account established for the Capitol Visitor

Center project and shall be subject to the same terms and conditions

applicable to the amounts appropriated for such project under the

heading ‘‘Capitol Visitor Center’’ in the Legislative Branch Appropriations Act, 2004: Provided further, That the amount so transferred, together with $3,900,000 of the other amounts appropriated

under this heading, shall remain available until expended.

CAPITOL GROUNDS

For all necessary expenses for care and improvement of grounds

surrounding the Capitol, the Senate and House office buildings,

and the Capitol Power Plant, $6,974,000.

SENATE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to

be expended under the control and supervision of the Architect

of the Capitol, $62,083,000, of which $9,070,000 shall remain available until September 30, 2009.

HOUSE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of the House office buildings, $65,353,000, of which

$27,103,000 shall remain available until September 30, 2009.

CAPITOL POWER PLANT

For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3185

the purchase of electrical energy) and water and sewer services

for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden,

Senate garage, and air conditioning refrigeration not supplied from

plants in any of such buildings; heating the Government Printing

Office and Washington City Post Office, and heating and chilled

water for air conditioning for the Supreme Court Building, the

Union Station complex, the Thurgood Marshall Federal Judiciary

Building and the Folger Shakespeare Library, expenses for which

shall be advanced or reimbursed upon request of the Architect

of the Capitol and amounts so received shall be deposited into

the Treasury to the credit of this appropriation, $56,834,000, of

which $1,000,000 shall remain available until September 30, 2009:

Provided, That not more than $4,400,000 of the funds credited

or to be reimbursed to this appropriation as herein provided shall

be available for obligation during fiscal year 2005.

LIBRARY BUILDINGS AND GROUNDS

For all necessary expenses for the mechanical and structural

maintenance, care and operation of the Library buildings and

grounds, $40,097,000, of which $21,506,000 shall remain available

until September 30, 2009.

CAPITOL POLICE BUILDINGS AND GROUNDS

For all necessary expenses for the maintenance, care, and operation of buildings and grounds of the United States Capitol Police,

$5,853,000, of which $500,000 shall remain available until September 30, 2009.

BOTANIC GARDEN

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds,

and collections; and purchase and exchange, maintenance, repair,

and operation of a passenger motor vehicle; all under the direction

of the Joint Committee on the Library, $6,326,000: Provided, That

this appropriation shall not be available for construction of the

National Garden.

ADMINISTRATIVE PROVISIONS

SEC. 1101. MANAGEMENT AND OPERATION OF THE CAPITOL

POWER PLANT. (a) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means—

(1) the Committee on Appropriations of the Senate and

the House of Representatives;

(2) the Committee on Rules and Administration of the

Senate; and

(3) the House Office Building Commission.

(b) STUDY OF CONTRACT WITH A PRIVATE ENTITY.—Not later

than 180 days after the date of enactment of this Act, the Comptroller General shall conduct a study and submit to the appropriate

congressional committees and the Architect of the Capitol a report

that—

(1) analyzes the costs, cost effectiveness, benefits, and feasibility of the Architect of the Capitol entering into a contract

Deadline.

Reports.

2 USC 2162 note.

118 STAT. 3186 PUBLIC LAW 108–447—DEC. 8, 2004

with a private entity for the management and operation of

the Capitol Power Plant; and

(2) makes a recommendation on whether the Architect

of the Capitol should enter into such a contract.

(c) IMPLEMENTATION PLAN.—If the Comptroller General makes

a recommendation under subsection (b)(2) in favor of entering into

a contract, the Architect of the Capitol shall submit an implementation plan for that contract to the appropriate congressional committees not later than the later of—

(1) 270 days after the date of enactment of this Act; or

(2) the date of the completion of the West Refrigeration

Plant.

(d) CONTRACT.—Subject to the approval of the appropriate

congressional committees, the Architect of the Capitol shall enter

into a contract with a private entity for the management and

operation of the Capitol Power Plant.

(e) EFFECTIVE DATE.—This section shall apply to fiscal year

2005 and each fiscal year thereafter.

SEC. 1102. (a) The Comptroller General shall conduct an analysis of the operations of the Office of the Architect of the Capitol,

and shall include in the analysis recommendations regarding the

extent to which the functions and duties of the Architect of the

Capitol may be carried out more effectively through contracts with

private entities, through reassignment to other entities of the legislative branch, and through such other methods as the Comptroller

General considers appropriate.

(b) Not later than 1 year after the date of the enactment

of this Act, the Comptroller General shall submit a report on

the analysis conducted under subsection (a) to the Committees

on Appropriations of the House of Representatives and Senate.

LIBRARY OF CONGRESS

SALARIES AND EXPENSES

For necessary expenses of the Library of Congress not otherwise

provided for, including development and maintenance of the

Library’s catalogs; custody and custodial care of the Library

buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library;

operation and maintenance of the American Folklife Center in

the Library; preparation and distribution of catalog records and

other publications of the Library; hire or purchase of one passenger

motor vehicle; and expenses of the Library of Congress Trust Fund

Board not properly chargeable to the income of any trust fund

held by the Board, $384,671,000, of which not more than $6,000,000

shall be derived from collections credited to this appropriation

during fiscal year 2005, and shall remain available until expended,

under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2

U.S.C. 150) and not more than $350,000 shall be derived from

collections during fiscal year 2005 and shall remain available until

expended for the development and maintenance of an international

legal information database and activities related thereto: Provided,

That the Library of Congress may not obligate or expend any

funds derived from collections under the Act of June 28, 1902,

in excess of the amount authorized for obligation or expenditure

in appropriations Acts: Provided further, That the total amount

Deadline.

Reports.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3187

available for obligation shall be reduced by the amount by which

collections are less than the $6,350,000: Provided further, That

of the total amount appropriated, $12,481,000 shall remain available until expended for the partial acquisition of books, periodicals,

newspapers, and all other materials including subscriptions for

bibliographic services for the Library, including $40,000 to be available solely for the purchase, when specifically approved by the

Librarian, of special and unique materials for additions to the

collections: Provided further, That of the total amount appropriated, not more than $12,000 may be expended, on the certification of

the Librarian of Congress, in connection with official representation

and reception expenses for the Overseas Field Offices: Provided

further, That of the total amount appropriated, $2,250,000 shall

remain available until expended for the purpose of teaching educators and librarians how to incorporate the Library’s digital collections into school curricula and shall be transferred to the educational consortium formed to conduct the ‘‘Adventure of the American Mind’’ project as approved by the Library: Provided further, That of the total amount appropriated, $500,000 shall remain available until expended, and shall be transferred to the Abraham Lincoln Bicentennial Commission for carrying out the purposes of

Public Law 106–173, of which $10,000 may be used for official

representation and reception expenses of the Abraham Lincoln

Bicentennial Commission: Provided further, That of the total

amount appropriated, $15,620,000 shall remain available until

expended for partial support of the National Audio-Visual Conservation Center: Provided further, That of the total amount appro- priated, $2,795,000 shall remain available until expended for the

development and maintenance of the Alternate Computer Facility:

Provided further, That of the total amount appropriated, $500,000

shall be used to provide a grant to the Middle Eastern Text Initiative for translation and publishing of middle eastern text: Provided

further, That, of the total amount appropriated, $100,000 shall

be provided to the Association for Diplomatic Studies and Training

to provide for the oral history of United States foreign affairs

personnel: Provided further, That of the total amount appropriated, $300,000 shall be made available to initiate with the University

of South Carolina a Cooperative Preservation and Conservation

project for Movietone Newsreel collections.

COPYRIGHT OFFICE

SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, $53,611,000, of which not more than $26,981,000, to remain available until

expended, shall be derived from collections credited to this appropriation during fiscal year 2005 under section 708(d) of title 17,

United States Code: Provided, That the Copyright Office may not

obligate or expend any funds derived from collections under such

section, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than

$6,496,000 shall be derived from collections during fiscal year 2005

under sections 111(d)(2), 119(b)(2), 802(h), 1005, and 1316 of such

title: Provided further, That the total amount available for obligation

shall be reduced by the amount by which collections are less than

$33,477,000: Provided further, That not more than $100,000 of

the amount appropriated is available for the maintenance of an

Grants.

118 STAT. 3188 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘International Copyright Institute’’ in the Copyright Office of the

Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies: Provided

further, That not more than $4,250 may be expended, on the certification of the Librarian of Congress, in connection with official

representation and reception expenses for activities of the International Copyright Institute and for copyright delegations, visitors,

and seminars.

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of section

203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)

and to revise and extend the Annotated Constitution of the United

States of America, $96,893,000: Provided, That no part of such

amount may be used to pay any salary or expense in connection

with any publication, or preparation of material therefor (except

the Digest of Public General Bills), to be issued by the Library

of Congress unless such publication has obtained prior approval

of either the Committee on House Administration of the House

of Representatives or the Committee on Rules and Administration

of the Senate.

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For salaries and expenses to carry out the Act of March 3,

1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $54,412,000,

of which $16,235,000 shall remain available until expended: Provided, That, of the total amount appropriated, $200,000 shall

remain available until expended to reimburse the National Federation of the Blind for costs incurred in the operation of its

‘‘NEWSLINE’’ program.

ADMINISTRATIVE PROVISIONS

SEC. 1201. INCENTIVE AWARDS PROGRAM. Of the amounts appropriated to the Library of Congress in this Act, not more than

$5,000 may be expended, on the certification of the Librarian of

Congress, in connection with official representation and reception

expenses for the incentive awards program.

SEC. 1202. REIMBURSABLE AND REVOLVING FUND ACTIVITIES.

(a) IN GENERAL.—For fiscal year 2005, the obligational authority

of the Library of Congress for the activities described in subsection

(b) may not exceed $106,985,000.

(b) ACTIVITIES.—The activities referred to in subsection (a) are

reimbursable and revolving fund activities that are funded from

sources other than appropriations to the Library in appropriations

Acts for the legislative branch.

(c) TRANSFER OF FUNDS.—During fiscal year 2005, the Librarian

of Congress may temporarily transfer funds appropriated in this

Act, under the heading ‘‘LIBRARY OF CONGRESS’’ under the

subheading ‘‘SALARIES AND EXPENSES’’ to the revolving fund for

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3189

the FEDLINK Program and the Federal Research Program established under section 103 of the Library of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106–481; 2 U.S.C.

182c): Provided, That the total amount of such transfers may not exceed $1,900,000: Provided further, That the appropriate revolving

fund account shall reimburse the Library for any amounts transferred to it before the period of availability of the Library appropriation expires.

SEC. 1203. NATIONAL DIGITAL INFORMATION INFRASTRUCTURE

AND PRESERVATION PROGRAM. The Miscellaneous Appropriations

Act, 2001 (enacted into law by section 1(a)(4) of Public Law 106–

554, 114 Stat. 2763A–194) is amended in the first proviso under

the subheading ‘‘SALARIES AND EXPENSES’’ under the heading

‘‘LIBRARY OF CONGRESS’’ in chapter 9 of division A—

(1) by inserting ‘‘and pledges’’ after ‘‘other than money’’;

and

(2) by striking ‘‘March 31, 2005’’ and inserting ‘‘March

31, 2010’’.

SEC. 1204. UNITED STATES DIPLOMATIC FACILITIES. Funds made

available for the Library of Congress under this Act are available

for transfer to the Department of State as remittance for a fee

charged by the Department for fiscal year 2005 for the maintenance,

upgrade, or construction of United States diplomatic facilities only

to the extent that the amount of the fee so charged is equal

to or less than the unreimbursed value of the services provided

during fiscal year 2005 to the Library of Congress on State Department diplomatic facilities.

SEC. 1205. NATIONAL FILM PRESERVATION BOARD AND NATIONAL

FILM PRESERVATION FOUNDATION. (a) EFFECTIVE DATES.—Notwithstanding the effective date under section 113 of the National Film

Preservation Act of 1996 (2 U.S.C. 179w), title I of that Act shall

be considered to be effective through fiscal year 2005.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 151711(a) of

title 36, United States Code, is amended by striking ‘‘2003’’ and

inserting ‘‘2005’’.

GOVERNMENT PRINTING OFFICE

CONGRESSIONAL PRINTING AND BINDING

(INCLUDING TRANSFER OF FUNDS)

For authorized printing and binding for the Congress and the

distribution of Congressional information in any format; printing

and binding for the Architect of the Capitol; expenses necessary

for preparing the semimonthly and session index to the Congressional Record, as authorized by law (section 902 of title 44, United

States Code); printing and binding of Government publications

authorized by law to be distributed to Members of Congress; and

printing, binding, and distribution of Government publications

authorized by law to be distributed without charge to the recipient,

$88,800,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional

Record for individual Representatives, Resident Commissioners or

Delegates authorized under section 906 of title 44, United States

Code: Provided further, That this appropriation shall be available

for the payment of obligations incurred under the appropriations

for similar purposes for preceding fiscal years: Provided further,

2 USC 179w

note.

118 STAT. 3190 PUBLIC LAW 108–447—DEC. 8, 2004

That notwithstanding the 2-year limitation under section 718 of

title 44, United States Code, none of the funds appropriated or

made available under this Act or any other Act for printing and

binding and related services provided to Congress under chapter

7 of title 44, United States Code, may be expended to print a

document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is

authorized by Congress to be printed, unless Congress reauthorizes

such printing in accordance with section 718 of title 44, United

States Code: Provided further, That any unobligated or unexpended

balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing

Office revolving fund for carrying out the purposes of this heading,

subject to the approval of the Committees on Appropriations of

the House of Representatives and Senate.

OFFICE OF SUPERINTENDENT OF DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses of the Office of Superintendent of Documents

necessary to provide for the cataloging and indexing of Government

publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and

international exchange libraries as authorized by law, $31,953,000:

Provided, That amounts of not more than $2,000,000 from current

year appropriations are authorized for producing and disseminating

Congressional serial sets and other related publications for fiscal

years 2003 and 2004 to depository and other designated libraries:

Provided further, That any unobligated or unexpended balances

in this account or accounts for similar purposes for preceding fiscal

years may be transferred to the Government Printing Office

revolving fund for carrying out the purposes of this heading, subject

to the approval of the Committees on Appropriations of the House

of Representatives and Senate.

GOVERNMENT PRINTING OFFICE REVOLVING FUND

The Government Printing Office may make such expenditures,

within the limits of funds available and in accord with the law,

and to make such contracts and commitments without regard to

fiscal year limitations as provided by section 9104 of title 31,

United States Code, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal

year for the Government Printing Office revolving fund: Provided,

That not more than $5,000 may be expended on the certification

of the Public Printer in connection with official representation and

reception expenses: Provided further, That the revolving fund shall

be available for the hire or purchase of not more than 12 passenger

motor vehicles: Provided further, That expenditures in connection

with travel expenses of the advisory councils to the Public Printer

shall be deemed necessary to carry out the provisions of title 44,

United States Code: Provided further, That the revolving fund shall

be available for temporary or intermittent services under section

3109(b) of title 5, United States Code, but at rates for individuals

not more than the daily equivalent of the annual rate of basic

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3191

pay for level V of the Executive Schedule under section 5316 of

such title: Provided further, That the revolving fund and the funds

provided under the headings ‘‘OFFICE OF SUPERINTENDENT OF DOCU- MENTS’’ and ‘‘SALARIES AND EXPENSES’’ together may not be available

for the full-time equivalent employment of more than 2,621

workyears (or such other number of workyears as the Public Printer

may request, subject to the approval of the Committees on Appropriations of the House of Representatives and Senate): Provided

further, That activities financed through the revolving fund may

provide information in any format: Provided further, That not more

than $10,000 may be expended from the revolving fund in support

of the activities of the Benjamin Franklin Tercentenary Commission

established by Public Law 107–202.

ADMINISTRATIVE PROVISION

SEC. 1301. DISCOUNTS FOR SALES COPIES. Section 1708 of title

44, United States Code, is amended by striking ‘‘of not to exceed

25 percent may be allowed to book dealers and quantity purchasers’’,

and inserting the following: ‘‘may be allowed as determined by

the Superintendent of Documents’’.

GOVERNMENT ACCOUNTABILITY OFFICE

SALARIES AND EXPENSES

For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the

certification of the Comptroller General of the United States in

connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5,

United States Code, but at rates for individuals not more than

the daily equivalent of the annual rate of basic pay for level IV

of the Executive Schedule under section 5315 of such title; hire

of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States

Code; benefits comparable to those payable under section 901(5),

(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),

(6), and (8)); and under regulations prescribed by the Comptroller

General of the United States, rental of living quarters in foreign

countries, $470,973,000: Provided, That not more than $4,919,000

of payments received under section 782 of title 31, United States

Code, shall be available for use in fiscal year 2005: Provided further, That not more than $2,500,000 of reimbursements received under

section 9105 of title 31, United States Code, shall be available

for use in fiscal year 2005: Provided further, That this appropriation

and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum

shall be available to finance an appropriate share of either Forum’s

costs as determined by the respective Forum, including necessary

travel expenses of non-Federal participants: Provided further, That

payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially

financed: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency

which is a member of the American Consortium on International

Public Administration (ACIPA) shall be available to finance an

118 STAT. 3192 PUBLIC LAW 108–447—DEC. 8, 2004

appropriate share of ACIPA costs as determined by the ACIPA,

including any expenses attributable to membership of ACIPA in

the International Institute of Administrative Sciences.

ADMINISTRATIVE PROVISION

SEC. 1401. REPORTS TO THE COMPTROLLER GENERAL. (a) LIMITA- TIONS ON EXPENDITURES, OBLIGATIONS, AND VOLUNTARY SERV- ICES.—Section 1351 of title 31, United States Code, is amended

by inserting ‘‘A copy of each report shall also be transmitted to

the Comptroller General on the same date the report is transmitted

to the President and Congress.’’ after the first sentence.

(b) PROHIBITED OBLIGATIONS AND EXPENDITURES.—Section

1517(b) of title 31, United States Code, is amended by inserting

‘‘A copy of each report shall also be transmitted to the Comptroller

General on the same date the report is transmitted to the President

and Congress.’’ after the first sentence.

PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER

TRUST FUND

For a payment to the Open World Leadership Center Trust

Fund for financing activities of the Open World Leadership Center,

$13,500,000.

ADMINISTRATIVE PROVISIONS

SEC. 1501. EXPANSION OF OPEN WORLD LEADERSHIP COUNTRIES.—Section 313(j) of the Legislative Branch Appropriations Act,

2001 (2 U.S.C. 1151(j)) is amended—

(1) in paragraph (1), by striking ‘‘and’’ after the semicolon;

(2) in paragraph (2), by striking the period and inserting

‘‘; and’’; and

(3) by adding at the end the following:

‘‘(3) any other country that is designated by the Board,

except that the Board shall notify the Committees on Appropriations of the Senate and the House of Representatives of the

designation at least 90 days before the designation is to take

effect.’’.

SEC. 1502. BOARD MEMBERSHIP. Section 313(a)(2) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)), as

enacted by reference in section 1(a)(2) of the Consolidated Appropriations Act, 2001, is amended—

(1) in the matter preceding subparagraph (A), by striking

‘‘nine members’’ and inserting ‘‘11 members’’; and

(2) by inserting after subparagraph (D) the following new

subparagraph:

‘‘(E) The chair of the Subcommittee on Legislative

Branch of the Committee on Appropriations of the House

of Representatives and the chair of the Subcommittee on

Legislative Branch of the Committee on Appropriations

of the Senate.’’.

TITLE II—GENERAL PROVISIONS

SEC. 201. MAINTENANCE AND CARE OF PRIVATE VEHICLES. No

part of the funds appropriated in this Act shall be used for the

Notification.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3193

maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating

to parking facilities for the House of Representatives issued by

the Committee on House Administration and for the Senate issued

by the Committee on Rules and Administration.

SEC. 202. FISCAL YEAR LIMITATION. No part of the funds appropriated in this Act shall remain available for obligation beyond

fiscal year 2005 unless expressly so provided in this Act.

SEC. 203. RATES OF COMPENSATION AND DESIGNATION. Whenever in this Act any office or position not specifically established

by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office

or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation

in this Act shall be the permanent law with respect thereto: Provided, That the provisions in this Act for the various items of

official expenses of Members, officers, and committees of the Senate

and House of Representatives, and clerk hire for Senators and

Members of the House of Representatives shall be the permanent

law with respect thereto.

SEC. 204. CONSULTING SERVICES. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code,

shall be limited to those contracts where such expenditures are

a matter of public record and available for public inspection, except

where otherwise provided under existing law, or under existing

Executive order issued under existing law.

SEC. 205. AWARDS AND SETTLEMENTS. Such sums as may be

necessary are appropriated to the account described in subsection

(a) of section 415 of the Congressional Accountability Act of 1995

(2 U.S.C. 1415(a)) to pay awards and settlements as authorized

under such subsection.

SEC. 206. COSTS OF LBFMC. Amounts available for administrative expenses of any legislative branch entity which participates

in the Legislative Branch Financial Managers Council (LBFMC)

established by charter on March 26, 1996, shall be available to

finance an appropriate share of LBFMC costs as determined by

the LBFMC, except that the total LBFMC costs to be shared among

all participating legislative branch entities (in such allocations

among the entities as the entities may determine) may not exceed

$2,000.

SEC. 207. LANDSCAPE MAINTENANCE. The Architect of the Capitol, in consultation with the District of Columbia, is authorized

to maintain and improve the landscape features, excluding streets

and sidewalks, in the irregular shaped grassy areas bounded by

Washington Avenue, SW on the northeast, Second Street SW on

the west, Square 582 on the south, and the beginning of the I–

395 tunnel on the southeast.

SEC. 208. LIMITATION ON TRANSFERS. None of the funds made

available in this Act may be transferred to any department, agency,

or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this

Act or any other appropriation Act.

SEC. 209. ETRAVEL SERVICE. Notwithstanding any other provision of law, no entity within the legislative branch shall be required

to use the eTravel Service established by the Administrator of

5 USC 5701 note.

118 STAT. 3194 PUBLIC LAW 108–447—DEC. 8, 2004

General Services for official travel by officers or employees of the

entity during fiscal year 2005 or any succeeding fiscal year.

SEC. 210. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a)

AUTHORITY TO OFFER PAYMENTS.—Notwithstanding any other

provision of law, the head of any office in the legislative branch

may establish a program under which voluntary separation incentive payments may be offered to eligible employees of the office

to encourage such employees to separate from service voluntarily

(whether by retirement or resignation), in accordance with this

section.

(b) AMOUNT AND ADMINISTRATION OF PAYMENTS.—A voluntary

separation incentive payment made under this section—

(1) shall be paid in a lump sum after the employee’s separation;

(2) shall be equal to the lesser of—

(A) an amount equal to the amount the employee would

be entitled to receive under section 5595(c) of title 5, United

States Code, if the employee were entitled to payment

under such section (without adjustment for any previous

payment made); or

(B) an amount determined by the head of the office involved, not to exceed $25,000;

(3) may be made only in the case of an employee who

voluntarily separates (whether by retirement or resignation)

under this section;

(4) shall not be a basis for payment, and shall not be

included in the computation, of any other type of Government

benefit;

(5) shall not be taken into account in determining the

amount of any severance pay to which the employee may be

entitled under section 5595 of title 5, United States Code,

based on any other separation; and

(6) shall be paid from appropriations or funds available

for the payment of the basic pay of the employee.

(c) PLAN.— (1) PLAN REQUIRED FOR MAKING PAYMENTS.—No voluntary

separation incentive payment may be paid under this section

with respect to an office unless the head of the office submits

a plan described in paragraph (2) to each applicable committee

described in paragraph (3), and each applicable committee

approves the plan.

(2) CONTENTS OF PLAN.—A plan described in this paragraph

with respect to an office is a plan containing the following

information:

(A) The specific positions and functions to be reduced

or eliminated.

(B) A description of which categories of employees will

be offered incentives.

(C) The time period during which incentives may be

paid.

(D) The number and amounts of voluntary separation

incentive payments to be offered.

(E) A description of how the office will operate without

the eliminated positions and functions.

(3) APPLICABLE COMMITTEE.—For purposes of this subsection, the ‘‘applicable committee’’ with respect to an office

means any committee of the House of Representatives or Senate

2 USC 60q.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3195

with jurisdiction over the activities of the office under the

applicable rules of the House of Representatives and the Senate

(as determined by the head of the office), but does not include

the Committees on Appropriations of the House of Representatives and the Senate.

(d) EXCLUSION OF CERTAIN OFFICES.—This section shall not

apply to any office which is an Executive agency under section

105 of title 5, United States Code, or any employee of such an

office.

(e) ELIGIBLE EMPLOYEE DEFINED.—

(1) IN GENERAL.—In this section, an ‘‘eligible employee’’

is an employee (as defined in section 2105, United States Code)

or a Congressional employee (as defined in section 2107, United

States Code) who—

(A) is serving under an appointment without time

limitation; and

(B) has been currently employed for a continuous

period of at least 3 years.

(2) EXCLUSIONS.—An ‘‘eligible employee’’ does not include

any of the following:

(A) A reemployed annuitant under subchapter III of

chapter 83 or 84 of title 5, United States Code, or another

retirement system for employees of the Government.

(B) An employee having a disability on the basis of

which such employee is or would be eligible for disability

retirement under subchapter III of chapter 83 or 84 of

title 5, United States Code, or another retirement system

for employees of the Government.

(C) An employee who is in receipt of a decision notice

of involuntary separation for misconduct or unacceptable

performance.

(D) An employee who has previously received any voluntary separation incentive payment from the Federal

Government under this section or any other authority.

(E) An employee covered by statutory reemployment

rights who is on transfer employment with another

organization.

(F) Any employee who—

(i) during the 36-month period preceding the date

of separation of that employee, performed service for

which a student loan repayment benefit was or is

to be paid under section 5379 of title 5, United States

Code, or any other authority;

(ii) during the 24-month period preceding the date

of separation of that employee, performed service for

which a recruitment or relocation bonus was or is

to be paid under section 5753 of such title or any

other authority; or

(iii) during the 12-month period preceding the date

of separation of that employee, performed service for

which a retention bonus was or is to be paid under

section 5754 of such title or any other authority.

(f) REPAYMENT FOR INDIVIDUALS RETURNING TO GOVERNMENT

EMPLOYMENT.—

(1) IN GENERAL.—Subject to paragraph (2), an employee

who has received a voluntary separation incentive payment

118 STAT. 3196 PUBLIC LAW 108–447—DEC. 8, 2004

under this section and accepts employment with the Government of the United States within 5 years after the date of

the separation on which the payment is based shall be required

to repay the entire amount of the incentive payment to the

office that paid the incentive payment.

(2) WAIVER FOR INDIVIDUALS POSSESSING UNIQUE ABILI- TIES.— (A) If the employment is with an Executive agency

(as defined by section 105 of title 5, United States Code),

the Director of the Office of Personnel Management may,

at the request of the head of the agency, waive the repayment required under this subsection if the individual

involved possesses unique abilities and is the only qualified

applicant available for the position.

(B) If the employment is with an entity in the legislative branch, the head of the entity or the appointing official

may waive the repayment required under this subsection

if the individual involved possesses unique abilities and

is the only qualified applicant available for the position.

(C) If the employment is with the judicial branch,

the Director of the Administrative Office of the United

States Courts may waive the repayment required under

this subsection if the individual involved possesses unique

abilities and is the only qualified applicant available for

the position.

(3) TREATMENT OF PERSONAL SERVICES CONTRACTS.—For

purposes of paragraph (1) (but not paragraph (2)), the term

‘‘employment’’ includes employment under a personal services

contract with the United States.

(g) EFFECTIVE DATE.—This section shall take effect on the

date of the enactment of this Act, and shall apply with respect

to the portion of fiscal year 2005 occurring on and after such

date and to each succeeding fiscal year.

SEC. 211. CAPITOL GROUNDS ENCLOSURE. None of the funds

contained in this Act may be used to study, design, plan, or otherwise further the construction or consideration of a fence to enclose

the perimeter of the grounds of the United States Capitol.

SEC. 212. CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN

ARTS EDUCATION. Section 210 of the Legislative Branch Appropriations Act, 2003 is amended—

(1) by striking the first proviso; and

(2) by striking ‘‘Provide further,’’ and inserting ‘‘Provided,’’.

SEC. 213. TRANSFER OF JURISDICTION OVER REAL PROPERTY

NEAR JAPANESE AMERICAN PATRIOTISM MEMORIAL. (a) TRANSFER

OF JURISDICTION.—

(1) IN GENERAL.—Jurisdiction over the parcels of Federal

real property described under paragraph (2) (over which jurisdiction was transferred under section 514(b)(2)(C) of the Omnibus Parks and Public Lands Management Act of 1996 (40

U.S.C. 5102 note; Public Law 104–333)) is transferred to the

Architect of the Capitol, without consideration.

(2) PARCELS.—The parcels of Federal real property referred

to under paragraph (1) are the following:

(A) That portion of New Jersey Avenue, N.W., between

the northernmost point of the intersection of New Jersey

Avenue, N.W., and D Street, N.W., and the northernmost

point of the intersection of New Jersey Avenue, N.W., and

40 USC 5102

note.

117 Stat. 383.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3197

Louisiana Avenue, N.W., between squares 631 and W632,

which remains Federal property, and whose maintenance

and repair shall be the responsibility of the District of

Columbia.

(B) That portion of D Street, N.W., between its intersection with New Jersey Avenue, N.W., and its intersection

with Louisiana Avenue, N.W., between squares 630 and

W632, which remains Federal property.

(b) MISCELLANEOUS.— (1) COMPLIANCE WITH OTHER LAWS.—Compliance with this

section shall be deemed to satisfy the requirements of all laws

otherwise applicable to transfers of jurisdiction over parcels

of Federal real property.

(2) UNITED STATES CAPITOL GROUNDS.— (A) DEFINITION.—Section 5102 of title 40, United States

Code, is amended to include within the definition of the

United States Capitol Grounds the parcels of Federal real

property described in subsection (a)(2).

(B) JURISDICTION OF CAPITOL POLICE.—The United

States Capitol Police shall have jurisdiction over the parcels

of Federal real property described in subsection (a)(2) in

accordance with section 9 of the Act entitled ‘‘An Act to

define the United States Capitol Grounds, to regulate the

use thereof, and for other purposes’’, approved July 31,

1946 (2 U.S.C. 1961).

(3) EFFECT OF TRANSFER.—A person relinquishing jurisdiction over any parcel of Federal real property transferred by

subsection (a) shall not retain any interest in the parcel except

as specifically provided in this section.

(c) EFFECTIVE DATE.—This Act shall apply to fiscal year 2005

and each fiscal year thereafter.

SEC. 214. COMMISSION ON THE ABRAHAM LINCOLN STUDY

ABROAD FELLOWSHIP PROGRAM. EXTENSION OF REPORT AND TERMINATION DATES.—Section 104 of division H of the Consolidated

Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 435) is

amended—

(1) in subsection (f), by striking ‘‘December 1, 2004’’ and

inserting ‘‘December 1, 2005’’; and

(2) in subsection (g), by striking ‘‘December 31, 2004’’ and

inserting ‘‘December 31, 2005’’.

SEC. 215. (a) The Chief Administrative Officer of the House

of Representatives and the Sergeant at Arms and Doorkeeper of

the Senate may enter into a memorandum of understanding under

which the Sergeant at Arms and Doorkeeper shall provide all services of the United States Capitol telephone exchange for the House

of Representatives, in accordance with such terms and conditions

as may be provided in the memorandum of understanding.

(b) For any period during which a memorandum of understanding is in effect pursuant to this section—

(1) all positions in the United States Capitol telephone

exchange for which the employing authority is the Chief

Administrative Officer shall be transferred to the Sergeant

at Arms and Doorkeeper;

(2) all employees in the United States Capitol telephone

exchange for whom the employing authority is the Chief

Administrative Officer shall be transferred to, and appointed

by, the Sergeant at Arms and Doorkeeper; and

2 USC 2168.

118 STAT. 3198 PUBLIC LAW 108–447—DEC. 8, 2004

(3) the Sergeant at Arms and Doorkeeper shall serve as

the employing authority for all personnel of the United States

Capitol telephone exchange.

(c) In carrying out a memorandum of understanding pursuant

to this section, the Sergeant at Arms and Doorkeeper shall ensure

that, with respect to any employee of the United States Capitol

telephone exchange whose employing authority prior to the effective

date of the memorandum was the Chief Administrative Officer—

(1) the rate of pay and leave accrual for the employee

shall not be less than the employee’s rate of pay and leave

accrual for the most recent pay period prior to such date,

unless—

(A) the employee does not remain in the same position

with the exchange; or

(B) the rate of pay or leave accrual is reduced for

cause; and

(2) any leave accrued by the employee that remains unused

as of such date shall be transferred to the employee and made

available for the employee to use under the same terms and

conditions that applied to the use of the leave prior to such

date.

(d) The last sentence of section 4(b) of the House Employees

Position Classification Act (2 U.S.C. 293(b)) is amended by striking

‘‘succeeding year,’’ and inserting the following: ‘‘succeeding year

(other than any period during which a memorandum of understanding described in section 215(a) of the Legislative Branch

Appropriations Act, 2005 is in effect),’’.

(e)(1) A memorandum of understanding under this section may

include a provision requiring the reimbursement by the House

of Representatives during a fiscal year (paid out of the applicable

accounts of the House) of the expenses incurred by the Sergeant

at Arms and Doorkeeper during the fiscal year in carrying out

the memorandum with respect to the employees of the United

States Capitol telephone exchange whose employing authority prior

to the effective date of the memorandum was the Chief Administrative Officer.

(2) Any reimbursement made pursuant to this subsection—

(A) in the case of a reimbursement for salaries or agency

contributions and related expenses, shall be deposited in the

account under the heading ‘‘OFFICE OF THE SERGEANT AT ARMS

AND DOORKEEPER’’ or ‘‘AGENCY CONTRIBUTIONS AND RELATED

EXPENSES’’, under the heading ‘‘SALARIES, OFFICERS AND

EMPLOYEES’’; and

(B) in the case of a reimbursement for expenses, shall

be deposited in the account under the heading ‘‘SERGEANT AT

ARMS AND DOORKEEPER OF THE SENATE’’ under the heading

‘‘CONTINGENT EXPENSES OF THE SENATE’’.

(3) Any funds deposited under paragraph (2) shall be available

in like manner and for the same purposes as are other funds

in the account to which the funds were deposited.

(f) This section and the amendment made by this section shall

apply with respect to fiscal year 2005 and each succeeding fiscal

year.

This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2005’’.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3199

DIVISION H—TRANSPORTATION, TREASURY, INDEPENDENT

AGENCIES, AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2005

TITLE I

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,

$87,234,000, of which not to exceed $2,220,000 shall be available

for the immediate Office of the Secretary; not to exceed $705,000

shall be available for the immediate Office of the Deputy Secretary;

not to exceed $15,395,000 shall be available for the Office of the

General Counsel; not to exceed $12,627,000 shall be available for

the Office of the Under Secretary of Transportation for Policy;

not to exceed $8,573,000 shall be available for the Office of the

Assistant Secretary for Budget and Programs; not to exceed

$2,316,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $23,436,000 shall

be available for the Office of the Assistant Secretary for Administration; not to exceed $1,929,000 shall be available for the Office

of Public Affairs; not to exceed $1,456,000 shall be available for

the Office of the Executive Secretariat; not to exceed $704,000

shall be available for the Board of Contract Appeals; not to exceed

$1,278,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $2,053,000 for the Office

of Intelligence and Security; not to exceed $3,150,000 shall be

available for the Office of Emergency Transportation; and not to

exceed $11,392,000 shall be available for the Office of the Chief

Information Officer: Provided, That the Secretary of Transportation

is authorized to transfer funds appropriated for any office of the

Office of the Secretary to any other office of the Office of the

Secretary: Provided further, That no appropriation for any office

shall be increased or decreased by more than 5 percent by all

such transfers: Provided further, That any change in funding greater

than 5 percent shall be submitted for approval to the House and

Senate Committees on Appropriations: Provided further, That not

to exceed $60,000 shall be for allocation within the Department

for official reception and representation expenses as the Secretary

may determine: Provided further, That notwithstanding any other

provision of law, excluding fees authorized in Public Law 107–

71, there may be credited to this appropriation up to $2,500,000

in funds received in user fees: Provided further, That none of

the funds provided in this Act shall be available for the position

of Assistant Secretary for Public Affairs.

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $8,700,000.

Transportation,

Treasury,

Independent

Agencies, and

General

Government

Appropriations

Act, 2005.

118 STAT. 3200 PUBLIC LAW 108–447—DEC. 8, 2004

COMPENSATION FOR AIR CARRIERS

(RESCISSION)

Of the funds made available under section 101(a)(2) of Public

Law 107–42, $235,000,000 are rescinded.

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,

research, systems development, development activities, and making

grants, to remain available until expended, $20,000,000.

WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of

the Working Capital Fund, not to exceed $151,054,000, shall be

paid from appropriations made available to the Department of

Transportation: Provided, That such services shall be provided on

a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating

expenses shall not apply to non-DOT entities: Provided further,

That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without

the approval of the agency modal administrator: Provided further,

That no assessments may be levied against any program, budget

activity, subactivity or project funded by this Act unless notice

of such assessments and the basis therefor are presented to the

House and Senate Committees on Appropriations and are approved

by such Committees.

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $500,000, as authorized by

49 U.S.C. 332: Provided, That such costs, including the cost of

modifying such loans, shall be as defined in section 502 of the

Congressional Budget Act of 1974: Provided further, That these

funds are available to subsidize total loan principal, any part of

which is to be guaranteed, not to exceed $18,367,000. In addition,

for administrative expenses to carry out the guaranteed loan program, $400,000.

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center

outreach activities, $3,000,000, to remain available until September

30, 2006: Provided, That notwithstanding 49 U.S.C. 332, these

funds may be used for business opportunities related to any mode

of transportation.

NEW HEADQUARTERS BUILDING

For necessary expenses of the Department of Transportation’s

new headquarters building and related services, $68,000,000, to

remain available until expended.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3201

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available from any other source

to carry out the essential air service program under 49 U.S.C.

41731 through 41742, $52,000,000, to be derived from the Airport

and Airway Trust Fund, to remain available until expended.

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

For necessary expenses of the Federal Aviation Administration,

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative

expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance

of aircraft, subsidizing the cost of aeronautical charts and maps

sold to the public, lease or purchase of passenger motor vehicles

for replacement only, in addition to amounts made available by

Public Law 108–176, $7,775,000,000, of which $4,918,073,000 shall

be derived from the Airport and Airway Trust Fund, of which

not to exceed $6,234,417,600 shall be available for air traffic services

activities; not to exceed $916,894,000 shall be available for aviation

regulation and certification activities; not to exceed $224,039,000

shall be available for research and acquisition activities; not to

exceed $11,674,000 shall be available for commercial space transportation activities; not to exceed $52,124,000 shall be available for

financial services activities; not to exceed $69,821,600 shall be

available for human resources program activities; not to exceed

$149,569,800 shall be available for region and center operations

and regional coordination activities; not to exceed $139,302,000

shall be available for staff offices; and not to exceed $36,254,000

shall be available for information services: Provided, That none

of the funds in this Act shall be available for the Federal Aviation

Administration to finalize or implement any regulation that would

promulgate new aviation user fees not specifically authorized by

law after the date of the enactment of this Act: Provided further,

That there may be credited to this appropriation funds received

from States, counties, municipalities, foreign authorities, other

public authorities, and private sources, for expenses incurred in

the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance,

renewal or modification of certificates, including airman, aircraft,

and repair station certificates, or for tests related thereto, or for

processing major repair or alteration forms: Provided further, That

of the funds appropriated under this heading, not less than

$7,000,000 shall be for the contract tower cost-sharing program:

Provided further, That funds may be used to enter into a grant

agreement with a nonprofit standard-setting organization to assist

in the development of aviation safety standards: Provided further,

That none of the funds in this Act shall be available for new

applicants for the second career training program: Provided further,

That none of the funds in this Act shall be available for paying

premium pay under 5 U.S.C. 5546(a) to any Federal Aviation

Administration employee unless such employee actually performed

work during the time corresponding to such premium pay: Provided

118 STAT. 3202 PUBLIC LAW 108–447—DEC. 8, 2004

further, That none of the funds in this Act may be obligated or

expended to operate a manned auxiliary flight service station in

the contiguous United States: Provided further, That none of the

funds in this Act for aeronautical charting and cartography are

available for activities conducted by, or coordinated through, the

Working Capital Fund: Provided further, That of the funds provided

under this heading, $4,000,000 is available only for recruitment,

personnel compensation and benefits, and related costs to raise

the level of operational air traffic control supervisors to the level

of 1,846: Provided further, That none of the funds in this Act

may be obligated or expended for an employee of the Federal

Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by

contract or purchase, and hire of air navigation and experimental

facilities and equipment, as authorized under part A of subtitle

VII of title 49, United States Code, including initial acquisition

of necessary sites by lease or grant; engineering and service testing,

including construction of test facilities and acquisition of necessary

sites by lease or grant; construction and furnishing of quarters

and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where

such accommodations are not available; and the purchase, lease,

or transfer of aircraft from funds available under this heading;

to be derived from the Airport and Airway Trust Fund,

$2,540,000,000, of which $2,119,000,000 shall remain available until

September 30, 2007, and of which $421,000,000 shall remain available until September 30, 2005: Provided, That there may be credited

to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses

incurred in the establishment and modernization of air navigation

facilities: Provided further, That upon initial submission to the

Congress of the fiscal year 2006 President’s budget, the Secretary

of Transportation shall transmit to the Congress a comprehensive

capital investment plan for the Federal Aviation Administration

which includes funding for each budget line item for fiscal years

2006 through 2010, with total funding for each year of the plan

constrained to the funding targets for those years as estimated

and approved by the Office of Management and Budget.

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for

research, engineering, and development, as authorized under part

A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites

by lease or grant, $130,927,000, to be derived from the Airport

and Airway Trust Fund and to remain available until September

30, 2007: Provided, That there may be credited to this appropriation

funds received from States, counties, municipalities, other public

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3203

authorities, and private sources, for expenses incurred for research,

engineering, and development.

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning

and programs as authorized under subchapter I of chapter 471

and subchapter I of chapter 475 of title 49, United States Code,

and under other law authorizing such obligations; for procurement,

installation, and commissioning of runway incursion prevention

devices and systems at airports of such title; for grants authorized

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs,

including those related to airport operating certificates under section 44706 of title 49, United States Code, $2,800,000,000 to be

derived from the Airport and Airway Trust Fund and to remain

available until expended: Provided, That none of the funds under

this heading shall be available for the planning or execution of

programs the obligations for which are in excess of $3,500,000,000

in fiscal year 2005, notwithstanding section 47117(g) of title 49,

United States Code: Provided further, That none of the funds under

this heading shall be available for the replacement of baggage

conveyor systems, reconfiguration of terminal baggage areas, or

other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding any

other provision of law, not more than $68,802,000 of funds limited

under this heading shall be obligated for administration and not

less than $20,000,000 shall be for the Small Community Air Service

Development Program.

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION OF CONTRACT AUTHORIZATION)

Of the amount authorized for the fiscal year ending September

30, 2004, under sections 48103 and 48112 of title 49, United States

Code, $265,000,000 are rescinded.

GENERAL PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 101. Notwithstanding any other provision of law, airports

may transfer without consideration to the Federal Aviation

Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications,

the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement

program grant: Provided, That, the Federal Aviation Administration

shall accept such equipment, which shall thereafter be operated

and maintained by FAA in accordance with agency criteria.

49 USC 44502

note.

118 STAT. 3204 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 102. None of the funds in this Act may be used to compensate in excess of 375 technical staff-years under the federally

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation

Systems Development during fiscal year 2005.

SEC. 103. None of the funds made available in this Act may

be used for engineering work related to an additional runway at

Louis Armstrong New Orleans International Airport.

SEC. 104. None of the funds in this Act shall be used to

pursue or adopt guidelines or regulations requiring airport sponsors

to provide to the Federal Aviation Administration without cost

building construction, maintenance, utilities and expenses, or space

in airport sponsor-owned buildings for services relating to air traffic

control, air navigation, or weather reporting: Provided, That the

prohibition of funds in this section does not apply to negotiations

between the agency and airport sponsors to achieve agreement

on ‘‘below-market’’ rates for these items or to grant assurances

that require airport sponsors to provide land without cost to the

FAA for air traffic control facilities.

SEC. 105. None of the funds appropriated or limited by this

Act may be used to change weight restrictions or prior permission

rules at Teterboro Airport in Teterboro, New Jersey.

SEC. 106. (a) Section 44302(f)(1) of title 49, United States

Code, is amended by striking ‘‘2004,’’ each place it appears and

inserting ‘‘2005,’’.

(b) Section 44303(b) of such title is amended by striking

‘‘2004,’’ and inserting ‘‘2005,’’.

SEC. 107. Notwithstanding any provision of law, the Secretary

of Transportation is authorized and directed to make project grants

under chapter 471 of title 49, United States Code, from funds

available under 49 U.S.C. 48103, for the cost of acquisition of

land, or reimbursement of the cost of land if purchased prior to

enactment of this provision and prior to a grant agreement, for

non-exclusive use aeronautical purposes on an airport layout plan

that has been approved by the Secretary on January 23, 2004,

pursuant to section 49 U.S.C. 47107(a)(16), for any small hub airport

as defined in 49 U.S.C. 47102, and had scheduled or chartered

direct international flights totaling at least 200 million pounds

gross aircraft landed weight for calendar year 2002.

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Necessary expenses for administration and operation of the Federal Highway Administration, not to exceed $346,500,000, shall

be paid in accordance with law from appropriations made available

by this Act to the Federal Highway Administration together with

advances and reimbursements received by the Federal Highway

Administration.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the

implementation or execution of programs, the obligations for which

23 USC 104 note.

Grants.

Airports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3205

are in excess of $34,700,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 2005: Provided,

That within the $34,700,000,000 obligation limitation on Federalaid highways and highway safety construction programs, not more

than $462,500,000 shall be available for the implementation or

execution of programs for transportation research (sections 502,

503, 504, 506, 507, and 508 of title 23, United States Code, as

amended; section 5505 of title 49, United States Code, as amended;

and sections 5112 and 5204–5209 of Public Law 105–178) for fiscal

year 2005: Provided further, That this limitation on transportation

research programs shall not apply to any authority previously made

available for obligation: Provided further, That within the

$232,000,000 obligation limitation on Intelligent Transportation

Systems, the following sums shall be made available for Intelligent

Transportation System projects that are designed to achieve the

goals and purposes set forth in section 5203 of the Intelligent

Transportation Systems Act of 1998 (subtitle C of title V of Public

Law 105–178; 112 Stat. 453; 23 U.S.C. 502 note) in the following

specified areas:

Alameda Corridor-East Project, San Gabriel Valley, California, $2,000,000.

Alexandria Fiber Optic Cable for Traffic Signal Coordination, Virginia, $2,000,000.

Alliance for Transportation Research, Transportation Technology Center, New Mexico, $750,000.

Appalachian Transportation Institute and U3C, West Virginia, $1,000,000.

Atlanta Construction and Traffic Management Project,

Georgia, $2,000,000.

Baltimore City Intelligent Transportation System, Maryland, $1,000,000.

Bay County Regional ITS, Florida, $2,000,000.

Calmar Research Vehicle Communication Systems, New

York, $1,150,000.

Center for Injury Sciences, Alabama, $2,000,000.

Central Florida Regional Transportation Authority (LYNX):

North Orange/South Seminole ITS Enhanced Circulator,

$500,000.

Cicero Avenue Smart Corridor, Illinois, $1,000,000.

City of Boston Directional Signage Program, Massachusetts, $1,000,000.

City of Elk Grove ITS Project, California, $1,500,000.

City of Fort Worth Intelligent Transportation Systems,

Texas, $1,800,000.

City of San Antonio Municipal ITS Technologies, Texas,

$1,300,000.

Clark County ITS, Washington, $2,000,000.

Commercial Vehicle Information Systems Network, Illinois,

$500,000.

COTA ITS Integration Project Phases II and III, Ohio,

$800,000.

DeKalb Co. Signal System Improvements, Georgia,

$500,000.

Downtown Signalization Project, Mechanicsburg, Pennsylvania, $750,000.

FAST-TRAC Signal Expansion, Michigan, $1,000,000.

118 STAT. 3206 PUBLIC LAW 108–447—DEC. 8, 2004

Florida State University System Center for Intermodal Transportation Safety, $3,000,000.

Freeway Incident Management Program, Houston, Texas, $3,250,000.

Ft. Lauderdale Intelligent Trans System Improvement,

Florida, $1,000,000.

GEARS Demonstration Project, Cumberland County,

Pennsylvania, $150,000.

Germantown ITS, Tennessee, $500,000.

GMU ITS Appropriations, Virginia, $2,000,000.

Highway Speed E-ZPass, Outerbridge Crossing, New York,

$350,000.

Hillsborough Area Regional Transit Authority: Bus

Tracking, Communication and Security, Florida, $750,000.

I–70 Incident Management Plan, Colorado, $1,250,000.

I–91 Fiber and ITS Construction, Massachusetts,

$2,500,000.

Intelligent Transportation at George Washington University, Virginia, $1,000,000.

Intelligent Transportation System Feasibility Study and

Implementation Plan, Edmond, Oklahoma, $100,000.

Intelligent Transportation System, Jackson, Tennessee,

$385,000.

Intelligent Transportation System, Wichita, Kansas,

$1,250,000.

Intelligent Transportation Systems, Nebraska, $450,000.

Intelligent Transportation Systems, City of Jackson, Tennessee, $1,000,000.

Intelligent Transportation Systems, Illinois, $5,000,000.

Intercity Transit ITS (Thurston County), Washington,

$2,000,000.

Interurban Transit Partnership, Grand Rapids, Michigan,

$2,000,000.

Iowa ITS, $2,000,000.

ITS—Commercial Vehicle Safety and Integration Statewide, Utah, $500,000.

ITS—Northwest Arkansas Regional Architecture,

Arkansas, $250,000.

ITS—Rural Recreation & Tourism, Statewide, Utah,

$750,000.

ITS—Springfield, Illinois, $650,000.

ITS Deployment Project, Inglewood, California, $400,000.

ITS Statewide, Maryland, $1,000,000.

Jacksonville Transportation Authority: Intelligent

Transportation Systems Regional Planning, Florida, $750,000.

JAXPORT Intermodal Cargo Tracking Project, Florida,

$900,000.

Kansas City SmartPort, Missouri, $750,000.

King County, County-Wide Signal Program, Washington,

$2,000,000.

Lake County Passage, Lake County, Illinois, $1,250,000.

Laredo ITS Multi-Agency Integration and Incidence Project,

Texas, $500,000.

Los Angeles Union Station Communication System,

$1,000,000.

Lynnwood Traffic Management Center of Multi-Jurisdictional ITS, Washington, $1,000,000.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3207

MARTA Automated Fare Collection/Smart Card System, Georgia, $500,000. Missouri Statewide Rural ITS, $2,500,000.

Montgomery County Integrated ITS Program, Maryland,

$750,000.

Montgomery Intelligent Transportation System Acquisition

and Implementation, Alabama, $1,000,000.

Nepperhan Traffic Improvements, City of Yonkers, New

York, $300,000.

Northwest Arkansas Regional Planning Commission—ITS

Regional Architecture, $300,000.

Park Avenue Corridor Improvements, New Jersey,

$1,000,000.

Park Avenue Corridor Improvements, Union County, New

Jersey, $765,000.

Pennsylvania Turnpike ITS Initiative, Pennsylvania,

$2,000,000.

PSU’s Center for Transportation Studies ITS Initiative,

Oregon, $400,000.

Puget Sound In-Vehicle Traffic Map Expansion Program,

Washington, $2,000,000.

Pulaski at Irving Park Intersection Improvement, Illinois,

$500,000.

PVTA ITS, Massachusetts, $1,000,000.

Regional ITS Springfield, Missouri, $2,000,000.

Reston Traffic Signal Prioritization, Virginia, $750,000.

Route 28 traffic light synchronization, $500,000.

Route 50 signalization improvement, Virginia, $1,000,000.

Route 7 signalization improvements, Virginia, $500,000.

Rural Highway Information System, Kentucky, $2,000,000.

San Diego Joint Transportation Operations Center, California, $750,000.

SCDOT InRoads, South Carolina, $2,500,000.

Signal Pre-emption Upgrades, Culver City, California,

$110,000.

South Boulevard Signal System, North Carolina, $470,000.

Springfield Regional Intelligent Transportation System,

Missouri, $2,000,000.

Stamford Urban Transitway Phase II, Connecticut,

$1,000,000.

State Transportation Incident Management Center, Wisconsin, $500,000.

STRAP 3 Transportation Program Tracking, $1,500,000.

The Mass Country Roads Traveler Information System,

Massachusetts, $200,000.

TMC Transportation Operations Center, Texas, $500,000.

Traffic Operations Center, City of Fresno, California,

$500,000.

Traffic Response and Information, Partnership Center,

Maryland, $1,500,000.

Transportation Management & Emergency Ops Center/

Oakland, California, $750,000.

Transportation Research Center, Georgia, $1,000,000.

Traveler Information System, Seattle, Washington,

$1,000,000.

Tri-County ITS Coordination Initiative, Michigan,

$500,000.

118 STAT. 3208 PUBLIC LAW 108–447—DEC. 8, 2004

Twin Cities, Minnesota Redundant Communications Pilot,

$750,000.

University of Alaska Arctic Transportation Engineering

Research Center, Alaska, $1,500,000.

University of Kentucky Transportation Center, $1,500,000.

US 2 Lohman Rail Crossing Advance Warning, Montana,

$1,000,000.

US 280 Corridor ITS, Alabama, $800,000.

US 280, Jefferson County, ITS, Alabama, $4,000,000.

US 98 Widening from Bayshore Road to Portside Road,

Florida, $500,000.

Variable Message Signs and 511 Implementation, Idaho,

$2,250,000.

Ventura County Intelligent Transportation Systems, California, $750,000.

Vermont Roadway Weather Information System,

$1,000,000.

Village of Tarrytown, New York, $320,000.

West Baton Rouge Emergency Communications Center,

Louisiana, $1,500,000.

Wisconsin State Patrol Mobile Data Communications Network—Phase III, $3,400,000.

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for carrying out

the provisions of title 23, United States Code, that are attributable

to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise

provided, including reimbursement for sums expended pursuant

to the provisions of 23 U.S.C. 308, $35,000,000,000 or so much

thereof as may be available in and derived from the Highway

Trust Fund, to remain available until expended.

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

(RESCISSION)

Of the unobligated balances of funds apportioned to each State

under chapter 1 of title 23, United States Code, $520,277,000 are

rescinded: Provided, That such rescission shall not apply to the

funds distributed in accordance with 23 U.S.C. 133(d)(1) and the

first sentence of 23 U.S.C. 133(d)(3)(A) or to the funds apportioned

to the program authorized under section 163 of title 23, United

States Code.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3209

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(INCLUDING RECISSION)

(HIGHWAY TRUST FUND)

For an additional amount for the ‘‘Emergency Relief Program’’

as authorized under section 125 of title 23, United States Code,

$741,000,000, to be derived from the Highway Trust Fund (other

than the Mass Transit Account) and to remain available until

expended: Provided, That of the unobligated balances of funds

apportioned to each State under chapter 1 of title 23, United States

Code, $741,000,000 are rescinded: Provided further, That such

rescission shall not apply to the funds distributed in accordance

with 23 U.S.C. 133(d)(1) and the first sentence of 23 U.S.C.

133(d)(3)(A) or to the funds apportioned to the program authorized

under section 163 of title 23, United States Code.

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

For necessary expenses for the Appalachian Development Highway System as authorized under section 1069(y) of Public Law

102–240, as amended, $80,000,000, to remain available until

expended.

GENERAL PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 110. (a) For fiscal year 2005, the Secretary of Transportation shall—

(1) not distribute from the obligation limitation for Federalaid highways amounts authorized for administrative expenses

and programs funded from the administrative takedown authorized by section 104(a)(1)(A) of title 23, United States Code,

for the highway use tax evasion program, for the Bureau of

Transportation Statistics, and for the programs, projects, and

activities funded from the takedown authorized by section 117

of this Act;

(2) not distribute an amount from the obligation limitation

for Federal-aid highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund

(other than the Mass Transit Account) for Federal-aid highways

and highway safety programs for the prior fiscal years the

funds for which are allocated by the Secretary;

(3) determine the ratio that—

(A) the obligation limitation for Federal-aid Highways

less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to

(B) the total of the sums authorized to be appropriated

for Federal-aid highways and highway safety construction

programs (other than sums authorized to be appropriated

for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for

section 105 of title 23, United States Code, equal to the

amount referred to in subsection (b)(8)) for such fiscal

year less the aggregate of the amounts not distributed

under paragraph (1) of this subsection;

23 USC 104 note.

118 STAT. 3210 PUBLIC LAW 108–447—DEC. 8, 2004

(4) distribute the obligation limitation for Federal-aid highways less the aggregate amounts not distributed under paragraphs (1) and (2) for section 201 of the Appalachian Regional

Development Act of 1965 and $2,000,000,000 for such fiscal

year under section 105 of title 23, United States Code (relating

to minimum guarantee) so that the amount of obligation

authority available for each of such sections is equal to the

amount determined by multiplying the ratio determined under

paragraph (3) by the sums authorized to be appropriated for

such section (except in the case of section 105, $2,000,000,000)

for such fiscal year;

(5) distribute the obligation limitation provided for Federalaid highways less the aggregate amounts not distributed under

paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the

Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which

paragraph (4) applies) by multiplying the ratio determined

under paragraph (3) by the sums authorized to be appropriated

for such program for such fiscal year; and

(6) distribute the obligation limitation provided for Federalaid highways less the aggregate amounts not distributed under

paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highways and highway safety

construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for

the minimum guarantee program for such fiscal year exceed

$2,639,000,000, and the Appalachian development highway

system program) that are apportioned by the Secretary under

title 23, United States Code, in the ratio that—

(A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal

year, bear to

(B) the total of the sums authorized to be appropriated

for such programs that are apportioned to all States for

such fiscal year.

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation

limitation for Federal-aid highways shall not apply to obligations:

(1) under section 125 of title 23, United States Code; (2) under

section 147 of the Surface Transportation Assistance Act of 1978;

(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)

under sections 131(b) and 131(j) of the Surface Transportation

Assistance Act of 1982; (5) under sections 149(b) and 149(c) of

the Surface Transportation and Uniform Relocation Assistance Act

of 1987; (6) under sections 1103 through 1108 of the Intermodal

Surface Transportation Efficiency Act of 1991; (7) under section

157 of title 23, United States Code, as in effect on the day before

the date of the enactment of the Transportation Equity Act for

the 21st Century; (8) under section 105 of title 23, United States

Code (but, only in an amount equal to $639,000,000 for such fiscal

year); and (9) for Federal-aid highway programs for which obligation

authority was made available under the Transportation Equity

Act for the 21st Century or subsequent public laws for multiple

years or to remain available until used, but only to the extent

that such obligation authority has not lapsed or been used.

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall after August 1

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3211

for such fiscal year revise a distribution of the obligation limitation

made available under subsection (a) if a State will not obligate

the amount distributed during that fiscal year and redistribute

sufficient amounts to those States able to obligate amounts in

addition to those previously distributed during that fiscal year

giving priority to those States having large unobligated balances

of funds apportioned under sections 104 and 144 of title 23, United

States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of

title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991.

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply

to transportation research programs carried out under chapter 5

of title 23, United States Code, except that obligation authority

made available for such programs under such limitation shall

remain available for a period of 3 fiscal years.

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later

than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the

States any funds: (1) that are authorized to be appropriated for

such fiscal year for Federal-aid highways programs (other than

the program under section 160 of title 23, United States Code)

and for carrying out subchapter I of chapter 311 of title 49, United

States Code, and highway-related programs under chapter 4 of

title 23, United States Code; and (2) that the Secretary determines

will not be allocated to the States, and will not be available for

obligation, in such fiscal year due to the imposition of any obligation

limitation for such fiscal year. Such distribution to the States shall

be made in the same ratio as the distribution of obligation authority

under subsection (a)(6). The funds so distributed shall be available

for any purposes described in section 133(b) of title 23, United

States Code.

(f) SPECIAL RULE.—Obligation limitation distributed for a fiscal

year under subsection (a)(4) of this section for a section set forth

in subsection (a)(4) shall remain available until used and shall

be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

SEC. 111. Notwithstanding 31 U.S.C. 3302, funds received by

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111

may be credited to the Federal-aid highways account for the purpose

of reimbursing the Bureau for such expenses: Provided, That such

funds shall be subject to the obligation limitation for Federalaid highways and highway safety construction.

SEC. 112. Of the funds made available to the Bureau of

Transportation Statistics in fiscal year 2005, $400,000 shall be

available to administer section 5402 of title 39, United States Code.

SEC. 113. (a) Notwithstanding any other provision of law, in

section 1602 of the Transportation Equity Act for the 21st Century,

item number 89 is amended by striking ‘‘Construct I–495/Route

2 interchange east of existing interchange to provide access to

commuter rail station, Littleton’’ and inserting ‘‘Ayer commuter

rail station improvements, land acquisition and parking improvements’’.

Deadline.

118 STAT. 3212 PUBLIC LAW 108–447—DEC. 8, 2004

(b) Of the $6,000,000 portion of the funds appropriated under

the heading ‘‘Highway Demonstration Projects’’ in title I of Public

Law 102–143 (105 Stat. 929) that was allocated for Routes 70/

38 Circle Elimination, New Jersey, $4,500,000 shall be transferred

to, and made available for, the following projects in the specified

amounts: Mantua Creek Overpass in Paulsboro, New Jersey,

$2,000,000; Delsea Drive Route 47 Timber Creek in Westville, New

Jersey, $787,000; Camden Waterfront Parking Garage in Camden,

New Jersey, $1,213,000; and Route 47 Chapel Heights Avenue

in Gloucester, New Jersey, $500,000.

(c) Of the amount made available under item number 89 of

the table contained in section 1107(b) of the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 2052), $3,300,000

shall be used to carry out a comprehensive regional transportation

study on the multimodal transportation needs in Grand Traverse

County, Michigan, and to implement recommendations resulting

from the study.

(d) Of the funds provided for under ‘‘Transportation and

Community and System Preservation Program’’ in Public Law 106–

69 and Public Law 106–346 for the project known as ‘‘Utah-Colorado

‘Isolated Empire’ Rail Connector Study’’ as referenced in House

Report 106–355 and House Report 106–940, any remaining unobligated balance as of October 1, 2004, shall be made available to

the Central Utah Rail Line (Sigurd/Salina to Levan) Project.

(e) Section 378 of the Department of Transportation and Related

Agencies Appropriations Act, 2001 (114 Stat. 1356A–38) is amended

by striking ‘‘an extension of Highway 180 from the City of Mendota’’

and inserting ‘‘an extension of Highway 180 from the City of

Fresno’’.

SEC. 114. None of the funds made available in this Act may

be used to require a State or local government to post a traffic

control device or variable message sign, or any other type of traffic

warning sign, in a language other than English, except with respect

to the names of cities, streets, places, events, or signs related

to an international border.

SEC. 115. Division F, title I, section 115 of Public Law 108–

199 is amended by inserting before the period at the end the

following: ‘‘: Provided further, That notwithstanding any other provision of law and the preceding clauses of this provision, the Secretary

of Transportation may use amounts made available by this section

to make grants for any surface transportation project otherwise

eligible for funding under title 23 or title 49, United States Code’’.

SEC. 116. Of the funds available under section 104(a)(1)(A)

of title 23, United States Code, $5,000,000 shall be available for

environmental streamlining activities, which may include making

grants to, or entering into contracts, cooperative agreements, and

other transactions, with a Federal agency, State agency, local

agency, authority, association, non-profit or for-profit corporation,

or institution of higher education.

SEC. 117. Notwithstanding any other provision of law, whenever

an allocation is made of the sums authorized to be appropriated

for expenditure on the Federal lands highway program, and whenever an apportionment is made of the sums authorized to be appropriated for the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway

System, the Interstate maintenance program, the bridge program,

the Appalachian development highway system, and the minimum

Ante, p. 294.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3213

guarantee program, the Secretary of Transportation shall deduct

a sum in such amount not to exceed 4.1 percent of all sums so

authorized: Provided, That of the amount so deducted in accordance

with this section, $25,000,000 shall be made available to make

grants to support planning, highway corridor development, and

highway construction projects in the area that comprises the Delta

Regional Authority; and $1,211,360,000 shall be made available

for surface transportation projects as identified under this section

in the statement of the managers accompanying this Act: Provided

further, That notwithstanding any other provision of law and the

preceding clauses of this provision, the Secretary of Transportation

may use amounts made available by this section to make grants

for any surface transportation project otherwise eligible for funding

under title 23 or, title 49, United States Code: Provided further,

That funds made available under this section, at the request of

a State, shall be transferred by the Secretary to another Federal

agency: Provided further, That the Federal share payable on account

of any program, project, or activity carried out with funds made

available under this section shall be 100 percent: Provided further,

That the sum deducted in accordance with this section shall remain

available until expended: Provided further, That all funds made

available under this section shall be subject to any limitation on

obligations for Federal-aid highways and highway safety construction programs set forth in this Act or any other Act: Provided

further, That the obligation limitation made available for the programs, projects, and activities for which funds are made available

under this section shall remain available until used and shall

be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

SEC. 118. Of the funds made available under section 188(a)(1)

of title 23, United States Code, $100,000,000 are rescinded.

SEC. 119. For the purposes of 23 U.S.C. 181(9)(D) the project

described in section 626 of division B, title VI of Public Law 108–

7 is eligible as a publicly owned intermodal surface freight transfer

facility.

SEC. 120. Notwithstanding any other provision of law, the

Department of Transportation shall complete approval of the proposed surety substitution for one-half of the bond debt service

reserve amount for the RETRAC project within 30 days after

receiving from RETRAC a binding commitment from a qualified

provider to deliver a surety at an acceptable price. Such bond

debt service funds so released shall be deposited into the RETRAC

project contingency fund for payment of RETRAC project costs

in the event current project cost projections are exceeded.

SEC. 121. DESIGNATION OF MIKE O’CALLAGHAN-PAT TILLMAN

MEMORIAL BRIDGE. (a) IN GENERAL.—The Hoover Dam Bypass

Bridge in the Lake Mead National Recreation Area between Nevada

and Arizona is designated as the ‘‘Mike O’Callaghan-Pat Tillman

Memorial Bridge’’.

(b) REFERENCES IN LAW.—Any reference in a law (including

regulations), map, document, paper, or other record of the United

States to the bridge described in subsection (a) shall be considered

to be a reference to the Mike O’Callaghan-Pat Tillman Memorial

Bridge.

SEC. 122. BYPASS BRIDGE AT HOOVER DAM. (a) IN GENERAL.— Subject to subsection (b), the Secretary of Transportation may

Deadline.

Rescission.

118 STAT. 3214 PUBLIC LAW 108–447—DEC. 8, 2004

expend from any funds appropriated for expenditure in accordance

with title 23, United States Code, for payment of debt service

by the States of Arizona and Nevada on notes issued for the bypass

bridge project at Hoover Dam, pending appropriation or replenishment for that project.

(b) REIMBURSEMENT.—Funds expended under subsection (a)

shall be reimbursed from the funds made available to the States

of Arizona and Nevada for payment of debt service on notes issued

for the bypass bridge project at Hoover Dam.

SEC. 123. None of the funds made available in this Act shall

be available for the development or dissemination by the Federal

Highway Administration of any version of a programmatic agreement which regards the Dwight D. Eisenhower National System

of Interstate and Defense Highways as eligible for inclusion on

the National Register of Historic Places.

SEC. 124. Of the unobligated balances made available under

Public Law 100–17, Public Law 100–457, Public Law 101–516,

Public Law 102–143, Public Law 102–240, Public Law 102–388,

Public Law 103–331, Public Law 105–178, and Public Law 106–

346, $16,407,908.88 are rescinded.

SEC. 125. Notwithstanding any other provision of law, projects

and activities described in the statement of managers accompanying

this Act under the headings ‘‘Federal-Aid Highways’’ and ‘‘Federal

Transit Administration’’ shall be eligible for fiscal year 2005 funds

made available for the project for which each project or activity

is so designated and projects and activities under the heading

‘‘Job Access and Reverse Commute Grants’’ shall be awarded those

grants upon receipt of an application: Provided, That the Federal

share payable on account of any such projects and activities subject

to this section shall be the same as the share required by the

Federal program under which each project or activity is designated

unless otherwise provided in this Act.

SEC. 126. Notwithstanding any other provision of law, in addition to amounts provided in this or any other Act for fiscal year

2005, $34,000,000, to be derived from the Highway Trust Fund

and to remain available until expended, shall be available for the

replacement of the Belleair Causeway Bridge in Pinellas County,

Florida.

SEC. 127. Of the amounts made available for the FederalAid Highways Emergency Relief Program under division B of the

Military Construction Appropriations and Emergency Hurricane

Supplemental Appropriations Act, 2005 (118 Stat. 1251), such sums

as may be necessary shall be available for replacement of the

I–10 bridge spanning Escambia Bay in Escambia and Santa Rosa

Counties, Florida.

SEC. 128. Section 14003 of Public Law 108–287, the Department

of Defense Appropriations Act, 2005, is amended by adding a new

subsection (c) at the end as follows:

‘‘(c) Upon a request by a State to the Secretary that the State

has an insufficient amount or type of apportionment to effectively

utilize the funds provided in paragraph (b), the Secretary shall

waive the requirement for apportionment. Such funds shall be

eligible for any activity defined in section 133(b) of title 23. Funds

distributed to each State under this section shall not be subject

to section 105 of title 23.’’.

Ante, p. 1013.

Grants.

Rescission.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3215

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY

LIMITATION ON ADMINISTRATIVE EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Notwithstanding any other provision of law, none of the funds

in this Act shall be available for expenses for administration of

motor carrier safety programs and motor carrier safety research,

and grants, the obligations for which are in excess of $257,547,000

for fiscal year 2005: Provided, That $33,000,000 shall be available

to make grants to, or enter into contracts with, States, local governments, or other persons for carrying out border commercial motor

vehicle safety programs and enforcement activities and projects

for the purposes described in 49 U.S.C. 31104(f)(2)(B), and the

Federal share payable under such grants shall be 100 percent;

$20,000,000 shall be available to make grants to, or enter into

contracts with, States, local governments, or other persons for

commercial driver’s licenses program improvements, and the Federal share payable under such grants shall be 100 percent;

$13,200,000 shall be available to make grants to States for

implementation of section 210 of the Motor Carrier Safety Improvement Act of 1999, and the Federal share payable under such grant

shall be 100 percent; and $7,400,000 shall be available to make

grants to, or enter into contracts with, States, local governments,

or other persons for the commercial vehicle analysis reporting

system, and the Federal share payable under such grants shall

be 100 percent: Provided further, That notwithstanding any other

provision of law, for payment of obligations incurred to pay administrative expenses of and grants by the Federal Motor Carrier Safety

Administration, $257,547,000, to be derived from the Highway Trust

Fund, together with advances and reimbursements received by the

Federal Motor Carrier Safety Administration, the sum of which

shall remain available until expended.

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out 49 U.S.C. 31102, 31106, and

31309, $190,000,000 to be derived from the Highway Trust Fund

and to remain available until expended: Provided, That none of

the funds in this Act shall be available for the implementation

or execution of programs the obligations for which are in excess

of $190,000,000 for ‘‘Motor Carrier Safety Grants’’ and ‘‘Information

Systems,’’ and of which $17,000,000 shall be available for grants

to States for implementation of section 210 of the Motor Carrier

Safety Improvement Act of 1999 (113 Stat. 1764–1765) and

$1,000,000 shall be available for grants to States, local governments,

118 STAT. 3216 PUBLIC LAW 108–447—DEC. 8, 2004

or other entities for commercial driver’s license program improvements: Provided further, That for grants made to States for

implementation of section 210 of the Motor Carrier Safety Improvement Act of 1999 (113 Stat. 1764–1765), and for grants to States,

local governments, or other entities for commercial driver’s license

program improvements, the Federal share payable under such

grants shall be 100 percent.

GENERAL PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 130. Funds appropriated or limited in this Act shall be

subject to the terms and conditions stipulated in section 350 of

Public Law 107–87, including that the Secretary submit a report

to the House and Senate Appropriations Committees annually on

the safety and security of transportation into the United States

by Mexico-domiciled motor carriers.

SEC. 131. None of the funds appropriated or otherwise made

available by this Act may be used before December 31, 2005 to

implement or enforce any provisions of the Final Rule, issued on

April 16, 2003 (Docket No. FMCSA–97–2350), with respect to either

of the following:

(1) The operators of utility service vehicles, as that term

is defined in section 395.2 of title 49, Code of Federal Regulations.

(2) Maximum daily hours of service for drivers engaged

in the transportation of property or passengers to or from

a motion picture or television production site located within

a 100-air mile radius of the work reporting location of such

drivers.

SEC. 132. None of the funds made available under this Act

may be used to issue or implement the Department of Transportation’s proposed regulation entitled Parts and Accessories Necessary for Safe Operation; Certification of Compliance With Federal

Motor Vehicle Safety Standards (FMVSSs), published in the Federal

Register, volume 67, number 53, on March 19, 2002, relating to

a phase-in period to bring vehicles into compliance with the requirements of the regulation.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under chapter

301 of title 49, United States Code, and part C of subtitle VI

of title 49, United States Code, $157,386,000, to be derived from

the sum authorized to be deducted under section 117 of this Act

and transferred to the National Highway Traffic Safety Administration, to remain available until expended: Provided, That such funds

shall be transferred to and administered by the National Highway

Traffic Safety Administration: Provided further, That none of the

funds in this Act may be used to augment information technology

or computer support funds provided to NHTSA in excess of

$2,900,000: Provided further, That none of the funds appropriated

by this Act may be obligated or expended to plan, finalize, or

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3217

implement any rulemaking to add to section 575.104 of title 49

of the Code of Federal Regulations any requirement pertaining

to a grading standard that is different from the three grading

standards (treadwear, traction, and temperature resistance) already

in effect: Provided further, That all funds made available under

this heading shall be subject to any limitation on obligations for

Federal-aid highways and highway safety construction programs

set forth in this Act or any other Act: Provided further, That

the obligation limitation made available for the programs, projects,

and activities for which funds are made available under this heading

shall remain available until used and shall be in addition to the

amount of any limitation imposed on obligations for Federal-aid

highway and highway safety construction programs for future fiscal

years.

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out the provisions of 23 U.S.C.

403, to remain available until expended, $72,000,000, to be derived

from the Highway Trust Fund: Provided, That none of the funds

in this Act shall be available for the planning or execution of

programs the total obligations for which, in fiscal year 2005, are

in excess of $72,000,000 for programs authorized under 23 U.S.C.

403.

NATIONAL DRIVER REGISTER

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out chapter

303 of title 49, United States Code, $3,600,000, to be derived from

the Highway Trust Fund: Provided, That none of the funds in

this Act shall be available for the implementation or execution

of programs the obligations for which are in excess of $3,600,000

for the National Driver Register authorized under chapter 303

of title 49, United States Code.

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out the provisions of 23 U.S.C.

402, 405, and 410, to remain available until expended, $225,000,000,

to be derived from the Highway Trust Fund: Provided, That none

118 STAT. 3218 PUBLIC LAW 108–447—DEC. 8, 2004

of the funds in this Act shall be available for the planning or

execution of programs the total obligations for which, in fiscal

year 2005, are in excess of $225,000,000 for programs authorized

under 23 U.S.C. 402, 405, and 410, of which $165,000,000 shall

be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402, $20,000,000

shall be for ‘‘Occupant Protection Incentive Grants’’ under 23 U.S.C.

405, and $40,000,000 shall be for ‘‘Alcohol-Impaired Driving

Countermeasures Grants’’ under 23 U.S.C. 410: Provided further,

That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures

for State, local, or private buildings or structures: Provided further, That not to exceed $10,000,000 of the funds made available for

section 402, not to exceed $2,306,000 of the funds made available

for section 405, and not to exceed $2,000,000 of the funds made

available for section 410 shall be available to NHTSA for administering highway safety grants under chapter 4 of title 23, United

States Code: Provided further, That not to exceed $1,000,000 of

the funds subject to allocation under section 157 of title 23, United

States Code, and not to exceed $1,000,000 of the funds subject

to apportionment under section 163 of that title, shall be available

to the National Highway Traffic Safety Administration for administering highway safety grants under those sections: Provided further, That not to exceed $500,000 of the funds made available

for section 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’

shall be available for technical assistance to the States.

GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

SEC. 140. Notwithstanding any other provision of law, States

may use funds provided in this Act under section 402 of title

23, United States Code, to produce and place highway safety public

service messages in television, radio, cinema, and print media,

and on the Internet in accordance with guidance issued by the

Secretary of Transportation: Provided, That any State that uses

funds for such public service messages shall submit to the Secretary

a report describing and assessing the effectiveness of the messages:

Provided further, That $10,000,000 of the funds allocated under

section 157 of title 23, United States Code, shall be used as directed

by the National Highway Traffic Safety Administrator to purchase

national paid advertising (including production and placement) to

support national safety belt mobilizations: Provided further, That,

of the funds allocated under section 163 of title 23, United States

Code, $6,000,000 shall be used as directed by the Administrator

to support national impaired driving mobilizations and enforcement

efforts, $14,000,000 shall be used as directed by the Administrator

to purchase national paid advertising (including production and

placement) to support such national impaired driving mobilizations

and enforcement efforts.

SEC. 141. Notwithstanding any other provision of law, funds

appropriated or limited in the Act to educate the motoring public

on how to share the road safely with commercial motor vehicles

shall be administered by the National Highway Traffic Safety

Administration and shall not be used by or made available to

any other Federal agency.

SEC. 142. Notwithstanding any other provision of law, for fiscal

year 2005 the Secretary of Transportation is authorized to use

amounts made available to carry out section 157 of title 23, United

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3219

States Code, to make innovative project allocations, not to exceed

the prior year’s amounts for such allocations, before making incentive grants for use of seat belts.

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration,

not otherwise provided for, $139,769,000, of which $15,350,000 shall

remain available until expended.

RAILROAD RESEARCH AND DEVELOPMENT

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

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

The Secretary of Transportation is authorized to issue to the

Secretary of the Treasury notes or other obligations pursuant to

section 512 of the Railroad Revitalization and Regulatory Reform

Act of 1976 (Public Law 94–210), as amended, in such amounts

and at such times as may be necessary to pay any amounts required

pursuant to the guarantee of the principal amount of obligations

under sections 511 through 513 of such Act, such authority to

exist as long as any such guaranteed obligation is outstanding:

Provided, That pursuant to section 502 of such Act, as amended,

no new direct loans or loan guarantee commitments shall be made

using Federal funds for the credit risk premium during fiscal year

2005: Provided further, That the Secretary of Transportation and

the National Railroad Passenger Corporation shall reach agreement

on a schedule for the repayment of all principal and interest on

their June 28, 2002 direct loan agreement that provides for repayment in five equal annual installments over a 5-year period beginning in fiscal year 2005: Provided further, That each annual installment payment shall be made no later than thirty days after the

enactment of the Departments of Transportation and Treasury,

Independent Agencies, and General Government Appropriations Act

for the fiscal year: Provided further, That in the event the Secretary

and the National Railroad Passenger Corporation are unable to

agree on the terms and conditions of such revised repayment

schedule within sixty days after the enactment of this Act, then

all principal and interest shall come due as provided for under

the existing terms of the June 28, 2002 direct loan agreement.

NEXT GENERATION HIGH-SPEED RAIL

For necessary expenses for the Next Generation High-Speed

Rail program as authorized under 49 U.S.C. 26101 and 26102,

$19,650,000, to remain available until expended.

ALASKA RAILROAD REHABILITATION

To enable the Secretary of Transportation to make grants to

the Alaska Railroad, $25,000,000, for capital rehabilitation and

improvements benefiting its passenger operations, to remain available until expended.

Deadline.

118 STAT. 3220 PUBLIC LAW 108–447—DEC. 8, 2004

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make quarterly

grants to the National Railroad Passenger Corporation,

$1,217,000,000, to remain available until September 30, 2005: Provided, That not less than $500,000,000 shall be provided in quarterly grants for capital expenses: Provided further, That the Secretary of Transportation shall approve funding to cover operating

losses and capital expenditures, including advance purchase orders,

for the National Railroad Passenger Corporation only after receiving

and reviewing a grant request for each specific train route: Provided

further, That each such grant request shall be accompanied by

a detailed financial analysis, revenue projection, and capital

expenditure projection justifying the Federal support to the Secretary’s satisfaction: Provided further, That the Secretary of

Transportation shall reserve $60,000,000 of the funds provided

under this heading and is authorized to transfer such sums to

the Surface Transportation Board, upon request from said Board,

to carry out directed service orders issued pursuant to section

11123 of title 49, United States Code, to respond to the cessation

of commuter rail operations by the National Railroad Passenger

Corporation: Provided further, That the Secretary of Transportation

shall make the reserved funds available to the National Railroad

Passenger Corporation through an appropriate grant instrument

during the end of the fourth quarter of fiscal year 2005 to the

extent that no directed service orders have been issued by the

Surface Transportation Board as of the date of transfer or there

is a balance of reserved funds not needed by the Board to pay

for any directed service order issued through September 30, 2005:

Provided further, That not later than 60 days after enactment

of this Act, Amtrak shall transmit, in electronic format, to the

Secretary of Transportation, the House and Senate Committees

on Appropriations, the House Committee on Transportation and

Infrastructure and the Senate Committee on Commerce, Science,

and Transportation a comprehensive business plan approved by

the Board of Directors for fiscal year 2005 under section 24104(a)

of title 49, United States Code: Provided further, That the business

plan shall include, as applicable, targets for ridership, revenues,

and capital and operating expenses: Provided further, That the

plan shall also include a separate accounting of such targets for

the Northeast Corridor; commuter service; long-distance Amtrak

service; State-supported service; each intercity train route; including

Autotrain; and commercial activities including contract operations

and mail and express: Provided further, That the business plan

shall include a description of the work to be funded, along with

cost estimates and an estimated timetable for completion of the

projects covered by this business plan: Provided further, That not

later than December 1, 2004 and no later than 30 days following

the last business day of the previous month thereafter, Amtrak

shall submit to the Secretary of Transportation and the House

and Senate Committees on Appropriations a supplemental report,

in electronic format, regarding the pending business plan, which

shall describe the work completed to date, any changes to the

business plan, and the reasons for such changes: Provided further,

That none of the funds in this Act may be used for operating

expenses, including advance purchase orders, and capital projects

not approved by the Secretary of Transportation nor on the National

Deadline.

Reports.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3221

Railroad Passenger Corporation’s fiscal year 2005 business plan:

Provided further, That Amtrak shall display the business plan

and all subsequent supplemental plans on the Corporation’s website

within a reasonable timeframe following their submission to the

appropriate entities: Provided further, That none of the funds under

this heading may be obligated or expended until the National

Railroad Passenger Corporation agrees to continue abiding by the

provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary

of conditions for the direct loan agreement of June 28, 2002, in

the same manner as in effect on the date of enactment of this

Act: Provided further, That the Secretary of Transportation is authorized to retain up to $4,000,000 of the funds provided to

be used to retain a consultant or consultants to assist the Secretary

in preparing a comprehensive valuation of Amtrak’s assets to be

completed not later than September 30, 2005: Provided further,

That these funds shall be available to the Secretary of Transportation until expended: Provided further, That this valuation shall

to be used to retain a consultant or consultants to develop to

the Secretary’s satisfaction a methodology for determining the

avoidable and fully allocated costs of each Amtrak route: Provided

further, That once the Secretary has approved the methodology

for determining the avoidable and fully allocated costs of each

Amtrak route, Amtrak shall apply that methodology in compiling

an annual report to Congress on the avoidable and fully allocated

costs of each of its routes, with the initial report for fiscal year

2005 to be submitted to the House and Senate Committees on

Appropriations, the House Committee on Transportation and Infrastructure, and the Senate Committee on Commerce, Science, and

Transportation before December 31, 2005, and each subsequent

report to be submitted within 90 days after the end of the fiscal

year to which the report pertains.

GENERAL PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 150. For the purpose of assisting State-supported intercity

rail service, in order to demonstrate whether competition will provide higher quality rail passenger service at reasonable prices,

the Secretary of Transportation, working with affected States, shall

develop and implement a procedure for fair competitive bidding

by Amtrak and non-Amtrak operators for State-supported routes:

Provided, That in the event a State desires to select or selects

a non-Amtrak operator for the route, the State may make an

agreement with Amtrak to use facilities and equipment of, or have

services provided by, Amtrak under terms agreed to by the State

and Amtrak to enable the non-Amtrak operator to provide the

State-supported service: Provided further, That if the parties cannot

agree on terms, the Secretary shall, as a condition of receipt of

Federal grant funds, order that the facilities and equipment be

made available and the services be provided by Amtrak under

reasonable terms and compensation: Provided further, That when

prescribing reasonable compensation to Amtrak, the Secretary shall

consider quality of service as a major factor when determining

whether, and the extent to which, the amount of compensation

shall be greater than the incremental costs of using the facilities

and providing the services: Provided further, That the Secretary may reprogram up to $2,500,000 from the Amtrak operating grant

funds for costs associated with the implementation of the fair bid

procedure and demonstration of competition under this section.

Procedures.

49 USC 24101

note.

Reports.

Deadlines.

Deadline.

49 USC 24315

note.

Public

information.

118 STAT. 3222 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 151. Notwithstanding any provisions of this or any other

Act, during the fiscal year ending September 30, 2005, and hereafter, the Federal Railroad Administration may use funds appropriated by this or any other Act to provide for the installation

of a broadband high speed internet service connection, including

necessary equipment, for Federal Railroad Administration

employees, and to either pay directly recurring monthly charges

or to reimburse a percentage of such monthly charges which are

paid by such employees: Provided, That the Federal Railroad

Administration certifies that adequate safeguards against private

misuse exist, and that the service is necessary for direct support

of the agency’s mission.

SEC. 152. Public Law 97–468 is amended—

(1) in section 608(a)(5) by inserting ‘‘, including any amount

appropriated or otherwise made available to the State-owned

railroad,’’ before ‘‘shall be retained’’;

(2) in section 608 by adding a new subsection (e) as follows:

‘‘(e) The State-owned railroad may take any necessary or appropriate action, consistent with Federal railroad safety laws, to preserve and protect its rail properties in the interests of safety.’’;

and

(3) in section 604(d)(2) by adding a new paragraph (D)

as follows:

‘‘(D) Any hazardous substance, petroleum or other

contaminant release at or from the State-owned rail properties that began prior to January 5, 1985, shall be and

remain the liability of the United States for damages and

for the costs of investigation and cleanup. Such liability

shall be enforceable under 42 U.S.C. 9601 et seq. for any

release described in the preceding sentence.’’.

SEC. 153. Notwithstanding any other provision of law, from

funds made available to the Federal Railroad Administration under

the heading ‘‘Next Generation High-Speed Rail’’ in the Consolidated

Appropriations Act of 2004 (Public Law 108–199), the Secretary

of Transportation may award a grant in the amount of $400,000

to the Illinois Department of Transportation for KBS Railroad track

and grade crossing improvements in Kankakee County and Northeastern Illinois.

SEC. 154. The Northern New England High Speed Rail Corridor

is expanded to include the train routes from Boston, Massachusetts,

to Albany, New York, and from Springfield, Massachusetts, to New

Haven, Connecticut.

SEC. 155. Not later than March 1, 2005, Amtrak shall submit

to the House and Senate Committees on Appropriations a report

detailing Amtrak’s obligations pursuant to 49 U.S.C. 24306(a),

describing all investments made to develop mail and express, yearto-year operating results generated by mail and express, a detailed

description of the impact on employees related to termination of

mail and express, a detailed description of the proposed liquidation

of assets related to mail and express, and an accounting of all

incurred and estimated costs resulting from such termination,

including legal and accounting costs, any contingent obligations

that may result, and any other related costs. Before submission,

both the Amtrak Board of Directors and the Department of

Transportation shall review this report.

Deadline.

Reports.

45 USC 1203.

45 USC 1207.

Certification.

49 USC 103 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3223

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit

Administration’s programs authorized by chapter 53 of title 49,

United States Code, $9,750,000: Provided, That no more than

$78,000,000 of budget authority shall be available for these purposes: Provided further, That of the funds available not to exceed

$900,000 shall be available for the Office of the Administrator;

not to exceed $6,520,000 shall be available for the Office of Administration; not to exceed $4,100,000 shall be available for the Office

of the Chief Counsel; not to exceed $1,243,000 shall be available

for the Office of Communication and Congressional Affairs; not

to exceed $7,396,000 shall be available for the Office of Program

Management; not to exceed $6,929,000 shall be available for the

Office of Budget and Policy; not to exceed $4,645,000 shall be

available for the Office of Demonstration and Innovation; not to

exceed $3,013,000 shall be available for the Office of Civil Rights;

not to exceed $4,171,000 shall be available for the Office of Planning;

not to exceed $20,150,000 shall be available for regional offices;

and not to exceed $16,433,000 shall be available for the central

account: Provided further, That the Administrator is authorized

to transfer funds appropriated for an office of the Federal Transit

Administration: Provided further, That no appropriation for an office

shall be increased or decreased by more than a total of 5 percent

during the fiscal year by all such transfers: Provided further, That

any change in funding greater than 5 percent shall be submitted

for approval to the House and Senate Committees on Appropriations: Provided further, That any funding transferred from the

central account shall be submitted for approval to the House and

Senate Committees on Appropriations: Provided further, That none

of the funds provided or limited in this Act may be used to create

a permanent office of transit security under this heading: Provided

further, That of the funds in this Act available for the execution

of contracts under section 5327(c) of title 49, United States Code,

$2,000,000 shall be reimbursed to the Department of Transportation’s Office of Inspector General for costs associated with audits

and investigations of transit-related issues, including reviews of

new fixed guideway systems: Provided further, That up to

$2,500,000 for the National transit database shall remain available

until expended: Provided further, That upon submission to the

Congress of the fiscal year 2006 President’s budget, the Secretary

of Transportation shall transmit to Congress the annual report

on new starts, proposed allocations of funds for fiscal year 2006:

Provided further, That the amount herein appropriated shall be

reduced by $20,000 per day for each day after initial submission

of the President’s budget that the report has not been submitted

to the Congress.

FORMULA GRANTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5307, 5308,

5310, 5311, 5327, and section 3038 of Public Law 105–178,

$504,022,000, to remain available until expended: Provided, That

no more than $4,032,175,000 of budget authority shall be available

Reports.

118 STAT. 3224 PUBLIC LAW 108–447—DEC. 8, 2004

for these purposes: Provided further, That notwithstanding any other provision of law, $50,000,000 of the funds to carry out 49

U.S.C. 5308 shall be transferred to and merged with funding provided for the replacement, rehabilitation, and purchase of buses

and related equipment and the construction of bus-related facilities

under ‘‘Federal Transit Administration, Capital investment grants’’.

UNIVERSITY TRANSPORTATION RESEARCH

For necessary expenses to carry out 49 U.S.C. 5505, $750,000,

to remain available until expended: Provided, That no more than

$6,000,000 of budget authority shall be available for these purposes.

TRANSIT PLANNING AND RESEARCH

For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $16,000,000,

to remain available until expended: Provided, That no more than

$128,000,000 of budget authority shall be available for these purposes: Provided further, That $5,250,000 is available to provide rural transportation assistance (49 U.S.C. 5311(b)(2)), $4,000,000

is available to carry out programs under the National Transit

Institute (49 U.S.C. 5315), $8,250,000 is available to carry out

transit cooperative research programs (49 U.S.C. 5313(a)),

$60,385,600 is available for metropolitan planning (49 U.S.C. 5303,

5304, and 5305), $12,614,400 is available for State planning (49

U.S.C. 5313(b)); and $37,500,000 is available for the national planning and research program (49 U.S.C. 5314).

TRUST FUND SHARE OF EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out 49 U.S.C. 5303–5308, 5310–

5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038

of Public Law 105–178, $6,744,500,000, to remain available until

expended, and to be derived from the Mass Transit Account of

the Highway Trust Fund: Provided, That $3,528,153,000 shall be

paid to the Federal Transit Administration’s formula grants

account: Provided further, That $112,000,000 shall be paid to the

Federal Transit Administration’s transit planning and research

account: Provided further, That $68,250,000 shall be paid to the

Federal Transit Administration’s administrative expenses account:

Provided further, That $5,250,000 shall be paid to the Federal

Transit Administration’s university transportation research

account: Provided further, That $109,375,000 shall be paid to the

Federal Transit Administration’s job access and reverse commute

grants program: Provided further, That $2,921,472,000 shall be

paid to the Federal Transit Administration’s capital investment

grants account.

CAPITAL INVESTMENT GRANTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5308, 5309,

5318, and 5327, $417,353,000, to remain available until expended:

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3225

Provided, That no more than $3,338,825,000 of budget authority

shall be available for these purposes: Provided further, That there

shall be available for fixed guideway modernization, $1,214,400,000;

there shall be available for the replacement, rehabilitation, and

purchase of buses and related equipment and the construction

of bus-related facilities, $675,000,000, which shall include

$50,000,000 made available under 5309(m)(3)(C) of this title, plus

$50,000,000 transferred from ‘‘Federal Transit Administration, Formula Grants’’; and there shall be available for new fixed guideway

systems $1,449,425,000, with $3,591,548 in unobligated balances

made available in Public Law 106–346, and $22,554,144 in unobligated balances made available in Public Law 107–87, to be available

as follows:

Atlanta, Georgia/North Springs (North Line Extension),

$265,410.

Baltimore, Maryland, Central Light Rail Double Track,

$29,010,000.

Birmingham-Transit Corridor, Alabama, $1,000,000.

Boston, Massachusetts, Silver Line III, $3,000,000.

Capital Metro-Bus Rapid Transit, Texas, $1,000,000.

CATRAIL RTC Rail Project, Nevada, $1,000,000.

Charlotte, North Carolina, South Corridor Light Rail

Project, $30,000,000.

Chicago, Illinois, Douglas Branch Reconstruction,

$85,000,000.

Chicago, Illinois, Ravenswood Line Extension, $40,000,000.

Cleveland, Ohio, Euclid Corridor Transportation Project,

$25,000,000.

Dallas, Texas NW/SE Extension, $8,500,000.

Denver, Colorado, Southeast Corridor LRT, $80,000,000.

Dulles Corridor Rapid Transit Project, Virginia,

$25,000,000.

Fort Lauderdale, Florida, South Florida Commuter Rail

Upgrades, $11,409,506.

Harrisburg, Pennsylvania, Corridor One Rail MOS,

$2,000,000.

Hawaii and Alaska Ferry Boats, $10,296,000.

Houston Advanced Metro Transit Plan, Texas, $8,500,000.

I–5/I–205/SR50, Transit Loop, Washington and Oregon,

$1,500,000.

Las Vegas, Nevada, Resort Corridor Fixed Guideway

Project, $30,000,000.

Little Rock River Rail, Arkansas, $3,500,000.

Los Angeles, California/MOS3 Metro Rail (North Hollywood), $675,103.

Los Angeles, California, Eastside Light Rail Transit Project,

$60,000,000.

Los Angeles, California, Gold Line Foothill Extension,

$500,000.

Metra Commuter Rail Expansions and Extensions, Illinois,

$52,000,000.

Minneapolis, Minnesota, Hiawatha Light Rail Project,

$33,698,453.

Minneapolis, Minnesota, Northstar Commuter Rail Project,

$5,000,000.

Nashville, Tennessee, East Corridor Commuter Rail,

$2,000,000.

118 STAT. 3226 PUBLIC LAW 108–447—DEC. 8, 2004

New Jersey Trans-Hudson Midtown Corridor, $1,200,000.

New Orleans, Louisiana, Canal Street Corridor Project, $16,747,023.

New York, New York Long Island Rail Road East Side Access, $100,000,000.

Norfolk, Virginia, Light Rail Transit Project, $2,000,000.

Northern New Jersey Hudson-Bergen Light Rail MOS2, $100,000,000.

Northern New Jersey Newark Rail Link MOS 1, $319,463.

Northern New Jersey Newark-Elizabeth Rail Line MOS1, $1,365,876.

Philadelphia, Pennsylvania, Schuylkill Valley MetroRail, $10,000,000.

Phoenix, Arizona, Central Phoenix/East Valley Light Rail, $75,000,000.

Pittsburgh, Pennsylvania, North Shore Light Rail Con- nector, $55,000,000.

Pittsburgh, Pennsylvania, Stage II Light Rail, $1,140,792.

Portland, Oregon, Interstate Max Light Rail Extension, $23,480,000.

Raleigh, North Carolina, Triangle Transit Authority Regional Rail Project, $20,000,000.

Rhode Island Integrated Commuter Rail Project, $6,000,000.

Regional Commuter Rail (Weber County to Salt Lake City), Utah, $8,000,000.

Salt Lake City, Utah/CBD to University LRT, $1,147,398.

Salt Lake City, Utah/Medical Center Extension, $8,836,110.

San Diego, California, Mid-Coast Light Rail Extension, $1,000,000.

San Diego, California, Mission Valley East Light Rail Extension, $81,640,000.

San Diego, California, Oceanside-Escondido Rail Corridor, $55,000,000.

San Francisco, California, BART Extension to San Fran

International Airport, $100,000,000.

San Francisco, California, Muni Third Street Light Rail Project, $10,000,000.

San Juan, Puerto Rico, Tren Urbano Rapid Transit System, $44,620,000.

Santa Clara County, California, Silicon Valley Rapid Transit Corridor Project, $2,500,000.

Seattle, Washington, Central Link Initial Segment, $80,000,000.

Sound Transit Sounder Commuter Rail, Lakewood to

Nisqually, Washington, $4,000,000. South Shore Commuter Rail, Indiana, $2,500,000.

St. Louis, Missouri/Metrolink St. Clair Extension, $60,436.

Stamford, Connecticut Urban Transitway, Phase 2, $3,000,000.

Washington County, Oregon, Wilsonville to Beaverton Com- muter Rail Project, $9,000,000. Washington, DC/Largo Extension, Maryland, $76,770,615.

JOB ACCESS AND REVERSE COMMUTE GRANTS

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

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3227

expended: Provided, That no more than $125,000,000 of budget

authority shall be available for these purposes: Provided further, That up to $300,000 of the funds provided under this heading

may be used by the Federal Transit Administration for technical

assistance and support and performance reviews of the Job Access

and Reverse Commute Grants program.

GENERAL PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

SEC. 160. The limitations on obligations for the programs of

the Federal Transit Administration shall not apply to any authority

under 49 U.S.C. 5338, previously made available for obligation,

or to any other authority previously made available for obligation.

SEC. 161. Notwithstanding any other provision of law, and

except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital

investment grants’’ for projects specified in this Act or identified

in reports accompanying this Act not obligated by September 30,

2007, and other recoveries, shall be made available for other projects

under 49 U.S.C. 5309.

SEC. 162. Notwithstanding any other provision of law, any

funds appropriated before October 1, 2004, under any section of

chapter 53 of title 49, United States Code, that remain available

for expenditure may be transferred to and administered under

the most recent appropriation heading for any such section.

SEC. 163. None of the funds in this Act shall be available

to any Federal transit grantee after February 1, 2004, involved

directly or indirectly, in any activity that promotes the legalization

or medical use of any substance listed in schedule I of section

202 of the Controlled Substances Act (21 U.S.C. 812 et seq.).

SEC. 164. From unobligated balances in the Federal Transit

Administration’s Discretionary Grants account, not to exceed

$72,792,311 shall be transferred as follows: to the Federal Transit

Administration’s Formula Grants account, not to exceed

$42,190,828; and to the Interstate Transfer Grants—Transit

account, not to exceed $30,601,483: Provided, That these unobligated balances are used, together with Formula Grant funds that

are available for reapportionment in such account, to restore obligation authority reduced due to a prior deficiency.

SEC. 165. Funds made available for Alaska or Hawaii ferry

boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B)

may be used to construct new vessels and facilities, or to improve

existing vessels and facilities, including both the passenger and

vehicle-related elements of such vessels and facilities, and for repair

facilities: Provided, That not more than $3,000,000 of the funds

made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used

by the State of Hawaii to initiate and operate a passenger ferryboat

services demonstration project to test the viability of different intraisland and inter-island ferry boat routes and technology: Provided

further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made

available for Alaska or Hawaii ferry boats may be used to acquire

passenger ferry boats and to provide passenger ferry transportation

services within areas of the State of Hawaii under the control

or use of the National Park Service.

SEC. 166. Notwithstanding any other provision of law, unobligated funds made available for a new fixed guideway systems

projects under the heading ‘‘Federal Transit Administration, Capital

Investment Grants’’ in any appropriations act prior to this Act

49 USC 5338

note.

118 STAT. 3228 PUBLIC LAW 108–447—DEC. 8, 2004

may be used during this fiscal year to satisfy expenses incurred

for such projects.

SEC. 167. The Secretary shall continue the pilot program

authorized under section 166 of the Consolidated Appropriations

Act, 2004, Public Law 108–199; 118 Stat. 309, for cooperative

procurement of major capital equipment under sections 5307, 5309,

and 5311. The program shall be administered as required under

subsections (b) through (g) of section 166, except that there shall

be five pilot projects: Provided, That the Secretary shall evaluate

all proposals based on selection criteria set forth in the announcement of the program and request for proposals (Federal Register

Notice—Vol. 69, No. 120, Page 35127, June 23, 2004). All proposed

projects shall be evaluated and the proposing party shall receive

notification of acceptance or denial by no later than 90 days after

the Secretary receives a request for review of a proposed project:

Provided further, That not later than 30 days after delivery of

the base order under each of the five pilot projects, the Secretary

shall submit to the House and Senate Committees on Appropriations a report on the results of that pilot project. Each report

shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement,

as shown by that project, into the mass transit program as a

whole.

SEC. 168. Amounts made available under chapter 53 of title

49, United States Code, and section 1108 of Public Law 102–

240 to the Port Authority of Allegheny County for the Airport

Busway/Wabash HOV Facility project that remain unexpended may

be used by the Port Authority for the purchase of buses and busrelated equipment in accordance with 49 U.S.C. 5309.

SEC. 169. Notwithstanding any other provision of law, any

unobligated funds made available under the bus category of the

Capital Investment Account in prior fiscal year Appropriations Act

for the Greater New Haven Transit District Fuel Cell and Electric

Bus project or CNG/alternative fuel vehicle project shall be transferred to and administered under the Transit Planning and

Research account, subject to such terms and conditions as the

Secretary deems appropriate.

SEC. 170. Notwithstanding any other provision of law, any

unobligated funds made available to the Matanuska Susitna Borough under ‘‘Federal Transit Administration, Buses and Bus Facilities’’ shall be available for expenditure on ferry boat and ferry

facilities and related expenses as part of the Port MacKenzie Intermodal Facility project.

SEC. 171. Notwithstanding any other provision of law,

$8,900,000 of the funds made available under the new fixed guideway systems category of the Capital Investment Grants account

in Public Law 107–87 for the ‘‘Honolulu, Hawaii, bus rapid transit

project’’ shall be made available to the city and county of Honolulu

for replacement, rehabilitation, and purchase of buses and related

equipment and the construction of bus-related facilities under 49

U.S.C. 5309 and shall remain available to the city and county

of Honolulu for those purposes until expended: Provided, That any

remaining unobligated balance from said project in Public Law

107–87 shall be transferred for any eligible activity under title

23, United States Code, and administered under that title, for

use on improvements to the Kapolei Interchange Complex and

shall remain available until expended: Provided further, That funds

Deadline.

Reports.

Notification.

Deadline.

49 USC 5307

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3229

made available in Public Law 108–10 for ‘‘Hawaii: BRT Systems,

Appurtenances and Facilities’’ shall be generally available for bus

and bus facilities by the city and county of Honolulu.

SEC. 172. Notwithstanding any other provision of law, the

Navy may receive funds from the State of Hawaii for the procurement of passenger ferry boats to provide passenger ferry transportation services for the Arizona War Memorial.

SEC. 173. The Federal Transit Administration is directed to

comply with section 3042 of the Federal Transit Act of 1998 (Public

Law 105–178, as amended; 112 Stat. 338) and is further directed

to comply with the associated Committee report language contained

in House Report 108–401, accompanying H.R. 2673, pages 997–

998.

SEC. 174. Hereafter, notwithstanding any other provision of

law, for the purpose of calculating the non-New Starts share of

the total project cost of both phases of San Francisco Muni’s Third

Street Light Rail Transit project, the Secretary of Transportation

shall include all non-New Starts contributions made towards Phase

1 of the two-phase project for engineering, final design and construction, and also shall allow non-New Starts funds expended on one

element or phase of the project to be used to meet the non-New

Starts share requirement of any element or phase of the project:

Provided further, That none of the funds provided in this Act

for the San Francisco Muni Third Street Light Rail Transit Project

shall be obligated if the Federal Transit Administration determines

that the project is found to be ‘‘not recommended’’ after evaluation

and computation of revised transportation system user benefit data.

SEC. 175. Funds made available for the Burlington-Bennington,

Vermont Commuter Rail project in Public Law 106–346, the Burlington-Middlebury, Vermont Commuter Rail project and Vermont

Transportation Authority Rolling Stock in Public Law 108–7 that

remain unobligated, and funds made available for the BurlingtonEssex, Vermont commuter rail project in Public Laws 105–277

and 105–66 that remain unexpended shall be transferred to the

Federal Railroad Administration and made available to upgrade

and improve the publicly-owned Vermont Rail Infrastructure from

Bennington to Burlington with a northern terminus in Essex Junction: Provided, That the Federal share shall be 80 percent of the

total cost of the project and funds shall remain available until

expended.

SEC. 176. Notwithstanding any other provision of law, any

unobligated funds designated to the Oklahoma Transit Association

on pages 1305 through 1307 of the Joint Explanatory Statement

of the Committee of Conference for Public Law 108–7 may be

made available to the Metropolitan Tulsa Transit Authority and

the Central Oklahoma Transportation and Parking Authority for

any project or activity authorized under section 3037 of Public

Law 105–178 upon receipt of an application.

SEC. 177. Notwithstanding 49 U.S.C. 5336, any funds remaining

available under Federal Transit Administration grant numbers NY–

03–345–00, NY–03–0325–00, NY–03–0405, NY–90–X398–00, NY–

90–X373–00, NY–90–X418–00, NY–90–X465–00 together with an

amount not to exceed $19,200,000 in urbanized area formula funds

that were allocated by the New York Metropolitan Transportation

Council to the New York City Department of Transportation as

a designated recipient under 49 U.S.C. 5307 may be made available

to the New York Metropolitan Transportation Authority for eligible

Compliance.

118 STAT. 3230 PUBLIC LAW 108–447—DEC. 8, 2004

capital projects authorized under 49 U.S.C. 5307 and 5309 subject

to the agreements, obligations, and responsibilities as set forth

in the contracts of assistance applicable to these grants.

SEC. 178. Hereafter, fixed guideway extensions and new segments included in Metropolitan Transit Authority of Harris County,

Texas, resolutions 2003–77 and 2003–93, and approved by the voters

on November 4, 2003, shall be considered as the preferred alternatives for purposes of 49 U.S.C. 5390(e)(1)(A), 23 CFR 771.123,

and 49 CFR 611.7.

SEC. 179. Of the funds made available under the heading

‘‘Federal Transit Administration—Discretionary Grants’’ in Public

Laws 102–388 and 103–122 for the Hawthorne-Warwick Commuter

Rail Project, $4,000,000 shall be available for the Scranton, Pennsylvania, NY City Rail Service Fixed Guideway Project to be carried

out in accordance with 49 U.S.C. 5309, $1,100,000 shall be made

available to study the feasibility of utilizing diesel multiple unit

rolling stock on MOS–3 of the Hudson Bergen Light Rail Transit

System to be carried out in accordance with 49 U.S.C. 5309, and

$6,000,000 shall be transferred to the Federal Railroad Administration and made available for the New York and Susquehanna and

Western Rail Road Diesel Multiple Unit Compliance and Demonstration Project to be carried out under terms and conditions

as determined by the Secretary: Provided, That the Federal share

shall be 80 percent of the net project cost of that demonstration

project and funds for that project shall remain available until

expended.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is

hereby authorized to make such expenditures, within the limits

of funds and borrowing authority available to the Corporation,

and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by

section 104 of the Government Corporation Control Act, as

amended, as may be necessary in carrying out the programs set

forth in the Corporation’s budget for the current fiscal year.

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations and maintenance of those

portions of the Saint Lawrence Seaway operated and maintained

by the Saint Lawrence Seaway Development Corporation,

$15,900,000, to be derived from the Harbor Maintenance Trust

Fund, pursuant to Public Law 99–662: Provided, That, of this

amount, $1,500,000 shall be for the concrete replacement project

and related expenses at the Eisenhower and Snell Locks.

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag

merchant fleet to serve the national security needs of the United

States, $98,700,000, to remain available until expended.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3231

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities authorized by law, $109,478,000, of which $23,753,000 shall remain

available until September 30, 2005, for salaries and benefits of

employees of the United States Merchant Marine Academy; of which

$13,138,000 shall remain available until expended for capital

improvements at the United States Merchant Marine Academy;

and of which $8,090,000 shall remain available until expended

for the State Maritime Schools Schoolship Maintenance and Repair.

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $21,616,000, to remain available until expended.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the guaranteed loan

program, not to exceed $4,764,000, which shall be transferred to

and merged with the appropriation for Operations and Training:

Provided, That of the $25,000,000 authorized for the cost of guaranteed loans in chapter 10 of Public Law 108–11, Making Emergency

Wartime Supplemental Appropriations for the Fiscal Year 2003,

and for Other Purposes, available until September 30, 2005, and

pursuant to the Department of Transportation Inspector General

report CR–2004–095 certifying that the recommendations of report

CR–2003–031 have been implemented to the Inspector General’s

satisfaction, up to $2,000,000 shall be used by the Department

of Transportation to develop a comprehensive computer based financial monitoring system.

NATIONAL DEFENSE TANK VESSEL CONSTRUCTION PROGRAM

For necessary expenses to carry out the program of financial

assistance for the construction of new product tank vessels as

authorized by section 53101 of title 46, United States Code, as

amended, $75,000,000, to remain available until expended.

SHIP CONSTRUCTION

(RESCISSION)

Of the unobligated balances available under this heading, $1,979,000 are rescinded.

GENERAL PROVISIONS—MARITIME ADMINISTRATION

SEC. 180. Notwithstanding any other provision of this Act,

the Maritime Administration is authorized to furnish utilities and

services and make necessary repairs in connection with any lease,

contract, or occupancy involving Government property under control

of the Maritime Administration, and payments received therefore

shall be credited to the appropriation charged with the cost thereof:

Provided, That rental payments under any such lease, contract,

or occupancy for items other than such utilities, services, or repairs

shall be covered into the Treasury as miscellaneous receipts.

118 STAT. 3232 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 181. No obligations shall be incurred during the current

fiscal year from the construction fund established by the Merchant

Marine Act, 1936, or otherwise, in excess of the appropriations

and limitations contained in this Act or in any prior appropriations

Act.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the

Research and Special Programs Administration, $47,115,000, of

which $645,000 shall be derived from the Pipeline Safety Fund,

and of which $3,425,000 shall remain available until September

30, 2007: Provided, That up to $1,200,000 in fees collected under

49 U.S.C. 5108(g) shall be deposited in the general fund of the

Treasury as offsetting receipts: Provided further, That there may

be credited to this appropriation, to be available until expended,

funds received from States, counties, municipalities, other public

authorities, and private sources for expenses incurred for training,

for reports publication and dissemination, and for travel expenses

incurred in performance of hazardous materials exemptions and

approvals functions.

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline

safety program, for grants-in-aid to carry out a pipeline safety

program, as authorized by 49 U.S.C. 60107, and to discharge the

pipeline program responsibilities of the Oil Pollution Act of 1990,

$69,769,000, of which $15,000,000 shall be derived from the Oil

Spill Liability Trust Fund and shall remain available until September 30, 2007; of which $54,769,000 shall be derived from the

Pipeline Safety Fund, of which $23,105,000 shall remain available

until September 30, 2007: Provided further, That not less than

$1,000,000 of the funds provided under this heading shall be for

the one-call State grant program.

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,

to be derived from the Emergency Preparedness Fund, to remain

available until September 30, 2006: Provided, That not more than

$14,300,000 shall be made available for obligation in fiscal year

2005 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):

Provided further, That none of the funds made available by 49

U.S.C. 5116(i), 5127(c), and 5127(d) shall be made available for

obligation by individuals other than the Secretary of Transportation,

or his designee.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3233

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to

carry out the provisions of the Inspector General Act of 1978,

as amended, $59,000,000: Provided, That the Inspector General

shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.

3) to investigate allegations of fraud, including false statements

to the government (18 U.S.C. 1001), by any person or entity that

is subject to regulation by the Department: Provided further, That

the funds made available under this heading shall be used to

investigate, pursuant to section 41712 of title 49, United States

Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents;

and (2) the compliance of domestic and foreign air carriers with

respect to item (1) of this proviso.

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $21,250,000: Provided, That notwithstanding any other provision of law, not to exceed $1,050,000 from fees established by the Chairman of the

Surface Transportation Board shall be credited to this appropriation

as offsetting collections and used for necessary and authorized

expenses under this heading: Provided further, That the sum herein

appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during

fiscal year 2005, to result in a final appropriation from the general

fund estimated at no more than $20,200,000.

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

(INCLUDING TRANSFERS OF FUNDS)

SEC. 185. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for

maintenance and operation of aircraft; hire of passenger motor

vehicles and aircraft; purchase of liability insurance for motor

vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law

(5 U.S.C. 5901–5902).

SEC. 186. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized

by 5 U.S.C. 3109, but at rates for individuals not to exceed the

per diem rate equivalent to the rate for an Executive Level IV.

SEC. 187. None of the funds in this Act shall be available

for salaries and expenses of more than 106 political and Presidential

appointees in the Department of Transportation: Provided, That

none of the personnel covered by this provision may be assigned

on temporary detail outside the Department of Transportation.

SEC. 188. None of the funds in this Act shall be used to

implement section 404 of title 23, United States Code.

SEC. 189. (a) No recipient of funds made available in this

Act shall disseminate personal information (as defined in 18 U.S.C.

118 STAT. 3234 PUBLIC LAW 108–447—DEC. 8, 2004

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1),

except as provided in 18 U.S.C. 2721 for a use permitted under

18 U.S.C. 2721.

(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in

noncompliance with this provision.

SEC. 190. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad

Administration from States, counties, municipalities, other public

authorities, and private sources for expenses incurred for training

may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit

Administration’s ‘‘Transit Planning and Research’’ account, and to

the Federal Railroad Administration’s ‘‘Safety and Operations’’

account, except for State rail safety inspectors participating in

training pursuant to 49 U.S.C. 20105.

SEC. 191. Notwithstanding any other provisions of law, rule

or regulation, the Secretary of Transportation is authorized to allow

the issuer of any preferred stock heretofore sold to the Department

to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary.

SEC. 192. None of the funds in this Act to the Department

of Transportation may be used to make a grant unless the Secretary

of Transportation notifies the House and Senate Committees on

Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department

or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the

Federal Aviation Administration; or (3) any program of the Federal

Transit Administration other than the formula grants and fixed

guideway modernization programs: Provided, That no notification

shall involve funds that are not available for obligation.

SEC. 193. Rebates, refunds, incentive payments, minor fees

and other funds received by the Department of Transportation

from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be

credited to appropriations of the Department of Transportation

and allocated to elements of the Department of Transportation

using fair and equitable criteria and such funds shall be available

until expended.

SEC. 194. Amounts made available in this or any other Act

that the Secretary determines represent improper payments by

the Department of Transportation to a third party contractor under

a financial assistance award, which are recovered pursuant to law,

shall be available—

(1) to reimburse the actual expenses incurred by the

Department of Transportation in recovering improper payments; and

(2) to pay contractors for services provided in recovering

improper payments: Provided, That amounts in excess of that

required for paragraphs (1) and (2)—

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3235

shall be available for the purposes and period for which

such appropriations are available; or

(B) if no such appropriation remains available, shall

be deposited in the Treasury as miscellaneous receipts:

Provided, That prior to the transfer of any such recovery

to an appropriations account, the Secretary shall notify

the House and Senate Committees on Appropriations of

the amount and reasons for such transfer: Provided further,

That for purposes of this section, the term ‘‘improper payments’’, has the same meaning as that provided in section

2(d)(2) of Public Law 107–300.

SEC. 195. The Secretary of Transportation is authorized to

transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’

to ‘‘Minority Business Outreach’’.

SEC. 196. None of the funds made available in this Act to

the Department of Transportation may be obligated for the Office

of the Secretary of Transportation to approve assessments or

reimbursable agreements pertaining to funds appropriated to the

modal administrations in this Act, except for activities underway

on the date of enactment of this Act, unless such assessments

or agreements have completed the normal reprogramming process

for Congressional notification.

SEC. 197. Funds provided in this Act for the Working Capital

Fund shall be reduced by $20,844,000, which limits fiscal year

2005 Working Capital Fund obligational authority for elements

of the Department of Transportation funded in this Act to no

more than $130,210,000: Provided, That such reductions from the

budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount

included in each account for the Working Capital Fund.

SEC. 198. For the purpose of any applicable law, for fiscal

years 2004 and 2005, the city of Norman, Oklahoma, shall be

considered to be part of the Oklahoma City urbanized area.

SEC. 199. Section 41716(b) of title 49, United States Code,

is amended by adding before the period at the end the following:

‘‘; except that the Secretary may grant not to exceed 4 additional

slot exemptions at LaGuardia Airport to an incumbent air carrier

operating at least 20 but not more than 28 slots at such airport

as of October 1, 2004, to provide air transportation between

LaGuardia Airport and a small hub airport or nonhub airport’’.

TITLE II

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Departmental Offices including

operation and maintenance of the Treasury Building and Annex;

hire of passenger motor vehicles; maintenance, repairs, and

improvements of, and purchase of commercial insurance policies

for, real properties leased or owned overseas, when necessary for

the performance of official business, $157,559,000, of which not

118 STAT. 3236 PUBLIC LAW 108–447—DEC. 8, 2004

to exceed $7,274,000 for executive direction program activities; not

to exceed $7,200,000 for general counsel program activities; not

to exceed $31,657,000 for economic policies and programs activities;

not to exceed $26,072,000 for financial policies and programs activities; not to exceed $10,633,000 for terrorism and financial intelligence policies and programs activities; not to exceed $16,760,000

for Treasury-wide management policies and programs activities;

not to exceed $57,963,000 for administration programs activities:

Provided, That the Secretary of the Treasury is authorized to

transfer funds appropriated for any program activity of the Departmental Offices to any other program activity of the Departmental

Offices upon notification to the House and Senate Committees on

Appropriations: Provided further, That no appropriation for any

program activity shall be increased or decreased by more than

2.5 percent by all such transfers: Provided further, That any change

in funding greater than 2.5 percent shall be submitted for approval

to the House and Senate Committees on Appropriations: Provided

further, That the funds identified within the administration program activity to support the Office of Foreign Assets Control shall

be transferred to ‘‘Office of Foreign Assets Control’’: Provided further, That this transfer authority shall be in addition to any other

provided in this Act: Provided further, That of the amount appropriated under this heading, not to exceed $3,000,000, to remain

available until September 30, 2006, for information technology modernization requirements; not to exceed $100,000 for official reception

and representation expenses; and not to exceed $258,000 for unforeseen emergencies of a confidential nature, to be allocated and

expended under the direction of the Secretary of the Treasury

and to be accounted for solely on his certificate: Provided further,

That of the amount appropriated under this heading, $3,393,000,

to remain available until September 30, 2006, is for the Treasurywide Financial Statement Audit Program, of which such amounts

as may be necessary may be transferred to accounts of the Department’s offices and bureaus to conduct audits: Provided further,

That this transfer authority shall be in addition to any other

provided in this Act.

OFFICE OF FOREIGN ASSETS CONTROL

SALARIES AND EXPENSES

For necessary expenses of the Office of Foreign Assets Control,

$22,291,000: Provided, That the funding available shall support

no less than 138 full time equivalent positions.

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing

equipment, software, and services for the Department of the

Treasury, $32,260,000, to remain available until September 30,

2007: Provided, That these funds shall be transferred to accounts

and in amounts as necessary to satisfy the requirements of the

Department’s offices, bureaus, and other organizations: Provided

further, That this transfer authority shall be in addition to any

other transfer authority provided in this Act: Provided further,

That none of the funds appropriated shall be used to support

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3237

or supplement ‘‘Internal Revenue Service, Information Systems’’

or ‘‘Internal Revenue Service, Business Systems Modernization’’.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, not to exceed $2,000,000 for official travel expenses,

including hire of passenger motor vehicles; and not to exceed

$100,000 for unforeseen emergencies of a confidential nature, to

be allocated and expended under the direction of the Inspector

General of the Treasury, $16,500,000, of which not to exceed $2,500

shall be available for official reception and representation expenses.

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for

Tax Administration in carrying out the Inspector General Act of

1978, as amended, including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles

(31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at such

rates as may be determined by the Inspector General for Tax

Administration; not to exceed $6,000,000 for official travel expenses;

and not to exceed $500,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of

the Inspector General for Tax Administration, $129,126,000; and

of which not to exceed $1,500 shall be available for official reception

and representation expenses.

AIR TRANSPORTATION STABILIZATION PROGRAM ACCOUNT

For necessary expenses to administer the Air Transportation

Stabilization Board established by section 102 of the Air Transportation Safety and System Stabilization Act (Public Law 107–42),

$2,000,000, to remain available until expended.

TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION

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

EXPANDED ACCESS TO FINANCIAL SERVICES

(RESCISSION)

Of the unobligated balances available under this heading,

$4,000,000 are rescinded.

VIOLENT CRIME REDUCTION PROGRAM

(RESCISSION)

Of the unobligated balances available under this heading,

$1,200,000 are rescinded.

118 STAT. 3238 PUBLIC LAW 108–447—DEC. 8, 2004

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement

Network, including hire of passenger motor vehicles; travel expenses

of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and

financial regulation; not to exceed $14,000 for official reception

and representation expenses; and for assistance to Federal law

enforcement agencies, with or without reimbursement, $72,502,000,

of which $7,500,000 shall be available for BSA Direct; of which

not to exceed $7,000,000 shall remain available until September

30, 2007; and of which $8,354,000 shall remain available until

September 30, 2006: Provided, That funds appropriated in this

account may be used to procure personal services contracts: Provided further, That up to $350,000 of the funds under this heading

may be available for planning, sponsoring, administering, receiving,

and such other expenses as the Director deems necessary, including

reception and representation expenses, to host the 2005 Annual

Plenary of the Egmont Group.

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service,

$230,930,000, of which not to exceed $9,220,000 shall remain available until September 30, 2007, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available

for official reception and representation expenses.

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the

Homeland Security Act of 2002, including hire of passenger motor

vehicles, $83,000,000; of which not to exceed $6,000 for official

reception and representation expenses; not to exceed $50,000 for

cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement.

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the

United States Mint is provided funding through the United States

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services,

including both operating expenses and capital investments. The

aggregate amount of new liabilities and obligations incurred during

fiscal year 2005 under such section 5136 for circulating coinage

and protective service capital investments of the United States

Mint shall not exceed $24,000,000.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3239

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues of the United States, $179,566,000, of which not to exceed $2,500

shall be available for official reception and representation expenses,

and of which not to exceed $2,000,000 shall remain available until

expended for systems modernization: Provided, That the sum appropriated herein from the General Fund for fiscal year 2005 shall

be reduced by not more than $4,400,000 as definitive security

issue fees and Treasury Direct Investor Account Maintenance fees

are collected, so as to result in a final fiscal year 2005 appropriation

from the general fund estimated at $175,166,000. In addition,

$60,000 to be derived from the Oil Spill Liability Trust Fund

to reimburse the Bureau for administrative and personnel expenses

for financial management of the Fund, as authorized by section

1012 of Public Law 101–380.

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

For necessary expenses of the Internal Revenue Service for

pre-filing taxpayer assistance and education, filing and account

services, shared services support, general management and

administration; and services as authorized by 5 U.S.C. 3109, at

such rates as may be determined by the Commissioner,

$4,089,574,000, of which up to $4,100,000 shall be for the Tax

Counseling for the Elderly Program, of which $8,000,000 shall

be available for low-income taxpayer clinic grants, and of which

not to exceed $25,000 shall be for official reception and representation expenses.

TAX LAW ENFORCEMENT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Internal Revenue Service for

determining and establishing tax liabilities; providing litigation support; conducting criminal investigation and enforcement activities;

securing unfiled tax returns; collecting unpaid accounts; conducting

a document matching program; resolving taxpayer problems

through prompt identification, referral and settlement; expanded

customer service and public outreach programs, strengthened

enforcement activities, and enhanced research efforts to reduce

erroneous filings associated with the earned income tax credit;

compiling statistics of income and conducting compliance research;

purchase (for police-type use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by

the Commissioner, $4,398,729,000, of which not to exceed

$1,000,000 shall remain available until September 30, 2007, for

research: Provided, That up to $10,000,000 may be transferred

as necessary from this account to the IRS Processing, Assistance,

and Management appropriation or the IRS Information Systems

appropriation solely for the purposes of management of the Earned

Income Tax Credit compliance program and to reimburse the Social

Security Administration for the cost of implementing section 1090

118 STAT. 3240 PUBLIC LAW 108–447—DEC. 8, 2004

of the Taxpayer Relief Act of 1997 (Public Law 105–33): Provided

further, That this transfer authority shall be in addition to any

other transfer authority provided in this Act.

INFORMATION SYSTEMS

For necessary expenses of the Internal Revenue Service for

information systems and telecommunications support, including

developmental information systems and operational information

systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b));

and services as authorized by 5 U.S.C. 3109, at such rates as

may be determined by the Commissioner, $1,590,492,000, of which

$200,000,000 shall remain available until September 30, 2006.

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service, $205,000,000, to remain available until September 30, 2007, for

the capital asset acquisition of information technology systems,

including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That none of these funds may

be obligated until the Internal Revenue Service submits to the

Committees on Appropriations, and such Committees approve, a

plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of

Management and Budget, including Circular A–11 part 3; (2) complies with the Internal Revenue Service’s enterprise architecture,

including the modernization blueprint; (3) conforms with the

Internal Revenue Service’s enterprise life cycle methodology; (4)

is approved by the Internal Revenue Service, the Department of

the Treasury, and the Office of Management and Budget; (5) has

been reviewed by the Government Accountability Office; and (6)

complies with the acquisition rules, requirements, guidelines, and

systems acquisition management practices of the Federal Government.

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

For expenses necessary to implement the health insurance

tax credit included in the Trade Act of 2002 (Public Law 107–

210), $34,841,000.

GENERAL PROVISIONS—INTERNAL REVENUE SERVICE

SEC. 201. Not to exceed 5 percent of any appropriation made

available in this Act to the Internal Revenue Service or not to

exceed 3 percent of appropriations under the heading ‘‘Tax Law

Enforcement’’ may be transferred to any other Internal Revenue

Service appropriation upon the advance approval of the Committees

on Appropriations.

SEC. 202. The Internal Revenue Service shall maintain a

training program to ensure that Internal Revenue Service

employees are trained in taxpayers’ rights, in dealing courteously

with the taxpayers, and in cross-cultural relations.

SEC. 203. The Internal Revenue Service shall institute and

enforce policies and procedures that will safeguard the confidentiality of taxpayer information.

26 USC 6103

note.

26 USC 7804

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3241

SEC. 204. Funds made available by this or any other Act to

the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective

1–800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service

1–800 help line service a priority and allocate resources necessary

to increase phone lines and staff to improve the Internal Revenue

Service 1–800 help line service.

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

SEC. 210. Appropriations to the Department of the Treasury

in this Act shall be available for uniforms or allowances therefor,

as authorized by law (5 U.S.C. 5901), including maintenance,

repairs, and cleaning; purchase of insurance for official motor

vehicles operated in foreign countries; purchase of motor vehicles

without regard to the general purchase price limitations for vehicles

purchased and used overseas for the current fiscal year; entering

into contracts with the Department of State for the furnishing

of health and medical services to employees and their dependents

serving in foreign countries; and services authorized by 5 U.S.C.

3109.

SEC. 211. Not to exceed 2 percent of any appropriations in

this Act made available to the Departmental Offices—Salaries and

Expenses, Office of Inspector General, Financial Management

Service, Alcohol and Tobacco Tax and Trade Bureau, Financial

Crimes Enforcement Network, and Bureau of the Public Debt, may

be transferred between such appropriations upon the advance

approval of the Committees on Appropriations: Provided, That no

transfer may increase or decrease any such appropriation by more

than 2 percent.

SEC. 212. Not to exceed 2 percent of any appropriation made

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s

appropriation upon the advance approval of the Committees on

Appropriations: Provided, That no transfer may increase or decrease

any such appropriation by more than 2 percent.

SEC. 213. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of

the Treasury certifies that the purchase by the respective Treasury

bureau is consistent with Departmental vehicle management principles: Provided, That the Secretary may delegate this authority

to the Assistant Secretary for Management.

SEC. 214. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau

of Engraving and Printing may be used to redesign the $1 Federal

Reserve note.

SEC. 215. The Secretary of the Treasury may transfer funds

from ‘‘Financial management service, salaries and expenses’’ to

‘‘Debt services’’ as necessary to cover the costs of debt collection:

Provided, That such amounts shall be reimbursed to such salaries

and expenses account from debt collections received in the Debt

Services Account.

SEC. 216. Section 122(g)(1) of Public Law 105–119 (5 U.S.C.

3104 note), is further amended by striking ‘‘6 years’’ and inserting

‘‘7 years’’.

118 STAT. 3242 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 217. None of the funds appropriated or otherwise made

available by this or any other Act may be used by the United

States Mint to construct or operate any museum without the explicit

approval of the House Committee on Financial Services and the

Senate Committee on Banking, Housing, and Urban Affairs.

SEC. 218. None of the funds appropriated or otherwise made

available by this or any other Act or source to the Department

of the Treasury, the Bureau of Engraving and Printing, and the

United States Mint, individually or collectively, may be used to

consolidate any or all functions of the Bureau of Engraving and

Printing and the United States Mint without the explicit approval

of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; the House Committee on Appropriations; and the Senate Committee on Appropriations.

SEC. 219. Section 101(f) of the Treasury Department Appropriations Act, 1997 (division A of Public Law 104–208), as amended,

is further amended by striking ‘‘hereby’’ and ‘‘until October 1,

2004,’’ and inserting ‘‘Hereafter’’ before the phrase ‘‘there is established’’.

SEC. 220. (a) Section 3333 of title 31, United States Code,

is amended as follows:

(1) By revising paragraph (a)(1) to read as follows:

‘‘(a)(1) The Secretary of the Treasury is not liable for a payment

made by the Secretary or depositary in due course and without

negligence, of—

‘‘(A) a check, draft, or warrant drawn on the Treasury

or the depositary;

‘‘(B) an electronic payment issued by the Treasury or the

depositary; and

‘‘(C) a debt obligation guaranteed or assumed by the United

States Government.’’;

(2) By inserting after paragraph (a)(2) the following new paragraph:

‘‘(3) The amount of the relief shall be charged to the Check

Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment

of a loss for which replacement is made out of the fund shall

be credited to the fund and is available for the purposes for which

the fund was established.’’.

(b) The Check Forgery Insurance Fund (31 U.S.C. 3343) shall

be available to fund amounts relating to the payment of items

listed in 31 U.S.C. 3333(a)(1), as amended above, prior to the

enactment of this Act.

SEC. 221. Not later than 60 days after enactment of this Act,

the Secretary of the Treasury shall submit to the Committees

on Appropriations a report describing how statutory provisions

addressing currency manipulation by America’s trading partners

contained in, and relating to, title 22 U.S.C. 5304, 5305, and 286y

can be better clarified administratively to provide for improved

and more predictable evaluation, and to enable the problem of

currency manipulation to be better understood by the American

people and the Congress.

SEC. 222. TERRORISM AND FINANCIAL INTELLIGENCE. (a) IN GENERAL.—Subchapter I of chapter 3 of title 31, United States Code,

is amended by adding at the end the following:

Deadline.

Reports.

31 USC 3343

note.

31 USC 501 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3243

‘‘§ 313. Terrorism and financial intelligence

‘‘(a) OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE.— ‘‘(1) ESTABLISHMENT.—There is established within the

Department of the Treasury the Office of Terrorism and Financial Intelligence (in this section referred to as ‘OTFI’), which

shall be the successor to any such office in existence on the

date of enactment of this section.

‘‘(2) LEADERSHIP.— ‘‘(A) UNDERSECRETARY.—There is established within

the Department of the Treasury, the Office of the Undersecretary for Terrorism and Financial Crimes, who shall serve

as the head of the OTFI, and shall report to the Secretary

of the Treasury through the Deputy Secretary of the

Treasury. The Office of the Undersecretary for Terrorism

and Financial Crimes shall be the successor to the Office

of the Undersecretary for Enforcement.

‘‘(B) APPOINTMENT.—The Undersecretary for Terrorism

and Financial Crimes shall be appointed by the President,

by and with the advice and consent of the Senate.

‘‘(3) ASSISTANT SECRETARY FOR TERRORIST FINANCING.— ‘‘(A) ESTABLISHMENT.—There is established within the

OTFI the position of Assistant Secretary for Terrorist

Financing.

‘‘(B) APPOINTMENT.—The Assistant Secretary for Terrorist Financing shall be appointed by the President, by

and with the advice and consent of the Senate.

‘‘(C) DUTIES.—The Assistant Secretary for Terrorist

Financing shall be responsible for formulating and coordinating the counter terrorist financing and anti-money laundering efforts of the Department of the Treasury, and shall

report directly to the Undersecretary for Terrorism and

Financial Crimes.

‘‘(4) FUNCTIONS.—The functions of the OTFI include providing policy, strategic, and operational direction to the Department on issues relating to—

‘‘(A) implementation of titles I and II of the Bank

Secrecy Act;

‘‘(B) United States economic sanctions programs;

‘‘(C) combating terrorist financing;

‘‘(D) combating financial crimes, including money laundering, counterfeiting, and other offenses threatening the

integrity of the banking and financial systems;

‘‘(E) other enforcement matters;

‘‘(F) those intelligence analysis and coordination functions described in subsection (b); and

‘‘(G) the security functions and programs of the Department of the Treasury.

‘‘(5) REPORTS TO CONGRESS ON PROPOSED MEASURES.—The

Undersecretary for Terrorism and Financial Crimes and the

Assistant Secretary for Terrorist Financing shall report to the

Committee on Banking, Housing, and Urban Affairs of the

Senate and the Committee on Financial Services of the House

of Representatives not later than 72 hours after proposing

by rule, regulation, order, or otherwise, any measure to reorganize the structure of the Department for combatting money

laundering and terrorist financing, before any such proposal

becomes effective.

Establishment.

118 STAT. 3244 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(6) OTHER OFFICES WITHIN OTFI.—Notwithstanding any

other provision of law, the following offices of the Department

of the Treasury shall be within the OTFI:

‘‘(A) The Office of the Assistant Secretary for Intelligence and Analysis, which shall report directly to the

Undersecretary for Terrorism and Financial Crimes.

‘‘(B) The Office of the Assistant Secretary for Terrorist

Financing, which shall report directly to the Undersecretary for Terrorism and Financial Crimes.

‘‘(C) The Office of Foreign Assets Control (in this section referred to as the ‘OFAC’), which shall report directly

to the Undersecretary for Terrorism and Financial Crimes.

‘‘(D) The Executive Office for Asset Forfeiture, which

shall report to the Undersecretary for Terrorism and Financial Crimes.

‘‘(E) The Office of Intelligence and Analysis (in this

section referred to as the ‘OIA’), which shall report to

the Assistant Secretary for Intelligence and Analysis.

‘‘(F) The Office of Terrorist Financing, which shall

report to the Assistant Secretary for Terrorist Financing.

‘‘(7) FINCEN.—

‘‘(A) REPORTING TO UNDERSECRETARY.—The Financial

Crimes Enforcement Network (in this section referred to

as ‘FinCEN’), a bureau of the Department of the Treasury,

shall report to the Undersecretary for Terrorism and Financial Crimes. The Undersecretary for Terrorism and Financial Crimes may not redelegate its reporting authority over

FinCEN.

‘‘(B) OFFICE OF COMPLIANCE.—There is established

within FinCEN, an Office of Compliance.

‘‘(b) OFFICE OF INTELLIGENCE AND ANALYSIS.—

‘‘(1) ASSISTANT SECRETARY FOR INTELLIGENCE AND ANALYSIS.—The Assistant Secretary for Intelligence and Analysis

shall head the OIA.

‘‘(2) RESPONSIBILITIES.—The OIA shall be responsible for

the receipt, analysis, collation, and dissemination of intelligence

and counterintelligence information related to the operations

and responsibilities of the entire Department of the Treasury,

including all components and bureaus of the Department.

‘‘(3) PRIMARY FUNCTIONS.—The primary functions of the

OIA are—

‘‘(A) to build a robust analytical capability on terrorist

finance by coordinating and overseeing work involving

intelligence analysts in all components of the Department

of the Treasury, focusing on the highest priorities of the

Department, as well as ensuring that the existing intelligence needs of the OFAC and FinCEN are met; and

‘‘(B) to provide intelligence support to senior officials

of the Department on a wide range of international economic and other relevant issues.

‘‘(4) OTHER FUNCTIONS AND DUTIES.—The OIA shall—

‘‘(A) carry out the intelligence support functions that

are assigned, to the Office of Intelligence Support under

section 311 (pursuant to section 105 of the Intelligence

Authorization Act for Fiscal Year 2004);

‘‘(B) serve in a liaison capacity with the intelligence

community; and

Establishment.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3245

‘‘(C) represent the Department in various intelligence

related activities.

‘‘(5) DUTIES OF THE ASSISTANT SECRETARY.—The Assistant

Secretary for Intelligence and Analysis shall serve as the Senior

Officer Intelligence Community, and shall represent the Department in intelligence community fora, including the National

Foreign Intelligence Board committees and the Intelligence

Community Management Staff.

‘‘(c) DELEGATION.—To the extent that any authorities, powers,

and responsibilities over enforcement matters delegated to the

Undersecretary for Terrorism and Financial Crimes, or the positions

of Assistant Secretary for Terrorism and Financial Crimes, Assistant Secretary for Enforcement and Operations, or Deputy Assistant

Secretary for Terrorist Financing and Financial Crimes, have not

been transferred to the Department of Homeland Security, the

Department of Justice, or the Assistant Secretary for Tax Policy

(related to the customs revenue functions of the Bureau of Alcohol

and Tobacco Tax and Trade), those remaining authorities, powers,

and responsibilities are delegated to the Undersecretary for Terrorism and Financial Crimes.

‘‘(d) DESIGNATION AS ENFORCEMENT ORGANIZATION.—The Office

of Terrorism and Financial Intelligence (including any components

thereof) is designated as a law enforcement organization of the

Department of the Treasury for purposes of section 9703 of title

31, United States Code, and other relevant authorities.

‘‘(e) USE OF EXISTING RESOURCES.—The Secretary may employ

personnel, facilities, and other Department of the Treasury

resources available to the Secretary on the date of enactment of

this section in carrying out this section, except as otherwise prohibited by law.

‘‘(f) REFERENCES.—References in this section to the ‘Secretary’,

‘Undersecretary’, ‘Deputy Secretary’, ‘Deputy Assistant Secretary’,

‘Office’, ‘Assistant Secretary’, and ‘Department’ are references to

positions and offices of the Department of the Treasury, unless

otherwise specified.’’.

(b) CONFORMING AMENDMENTS.—

(1) TITLE 31.—Section 311 of title 31, United States Code,

is amended—

(A) in subsection (a)—

(i) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and

(ii) by inserting before paragraph (2), as so redesignated, the following:

‘‘(1) be within the Office of Terrorism and Financial Intelligence;’’; and

(B) in subsection (b), by striking ‘‘Enforcement’’ and

inserting ‘‘Terrorism and Financial Crimes’’.

(2) OTHER OFFICE ABOLISHED.—The Office of the Undersecretary for Enforcement of the Department of the Treasury,

established in accordance with section 103 of the Treasury

Department Appropriations Act, 1994 (Public Law 103–123)

is abolished, and all rights, duties, and responsibilities of that

office are transferred on the date of enactment of this Act

to the Office of the Undersecretary for Terrorism and Financial

Crimes of the Department of the Treasury in accordance with

this section and the amendments made by this section, except

31 USC 301 note.

118 STAT. 3246 PUBLIC LAW 108–447—DEC. 8, 2004

as otherwise specifically provided in this section or the amendments made by this section, or other applicable law.

TITLE III

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS

APPROPRIATED TO THE PRESIDENT

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allow- ance at the rate of $50,000 per annum as authorized by 3 U.S.C.

102, $450,000: Provided, That none of the funds made available

for official expenses shall be expended for any other purpose and

any unused amount shall revert to the Treasury pursuant to section

1552 of title 31, United States Code.

WHITE HOUSE OFFICE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized

by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted

for as provided in that section; hire of passenger motor vehicles,

newspapers, periodicals, teletype news service, and travel (not to

exceed $100,000 to be expended and accounted for as provided

by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive

Office of the President, $62,000,000: Provided, That of the funds

appropriated under this heading, up to $9,975,000 shall be available

for reimbursements to the White House Communications Agency:

Provided further, That of the funds appropriated under this heading,

$2,475,000 shall be for the Homeland Security Council.

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing,

improvement, heating, and lighting, including electric power and

fixtures, of the Executive Residence at the White House and official

entertainment expenses of the President, $12,760,000, to be

expended and accounted for as provided by 3 U.S.C. 105, 109,

110, and 112–114.

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at

the White House, such sums as may be necessary: Provided, That

all reimbursable operating expenses of the Executive Residence

shall be made in accordance with the provisions of this paragraph:

Provided further, That, notwithstanding any other provision of law,

such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and

to receive offsetting collections, for such expenses: Provided further,

That the Executive Residence shall require each person sponsoring

a reimbursable political event to pay in advance an amount equal

3 USC 102 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3247

to the estimated cost of the event, and all such advance payments

shall be credited to this account and remain available until

expended: Provided further, That the Executive Residence shall

require the national committee of the political party of the President

to maintain on deposit $25,000, to be separately accounted for

and available for expenses relating to reimbursable political events

sponsored by such committee during such fiscal year: Provided

further, That the Executive Residence shall ensure that a written

notice of any amount owed for a reimbursable operating expense

under this paragraph is submitted to the person owing such amount

within 60 days after such expense is incurred, and that such amount

is collected within 30 days after the submission of such notice:

Provided further, That the Executive Residence shall charge interest

and assess penalties and other charges on any such amount that

is not reimbursed within such 30 days, in accordance with the

interest and penalty provisions applicable to an outstanding debt

on a United States Government claim under section 3717 of title

31, United States Code: Provided further, That each such amount

that is reimbursed, and any accompanying interest and charges,

shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare and

submit to the Committees on Appropriations, by not later than

90 days after the end of the fiscal year covered by this Act, a

report setting forth the reimbursable operating expenses of the

Executive Residence during the preceding fiscal year, including

the total amount of such expenses, the amount of such total that

consists of reimbursable official and ceremonial events, the amount

of such total that consists of reimbursable political events, and

the portion of each such amount that has been reimbursed as

of the date of the report: Provided further, That the Executive

Residence shall maintain a system for the tracking of expenses

related to reimbursable events within the Executive Residence that

includes a standard for the classification of any such expense as

political or nonpolitical: Provided further, That no provision of this

paragraph may be construed to exempt the Executive Residence

from any other applicable requirement of subchapter I or II of

chapter 37 of title 31, United States Code.

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive

Residence at the White House, $1,900,000, to remain available

until expended, for required maintenance, safety and health issues,

and continued preventative maintenance.

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers

in carrying out its functions under the Employment Act of 1946

(15 U.S.C. 1021), $4,040,000.

Procedures.

Deadline.

Reports.

Deadline.

Notice.

Deadline.

118 STAT. 3248 PUBLIC LAW 108–447—DEC. 8, 2004

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

For necessary expenses of the Office of Policy Development,

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

107, $2,300,000.

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council,

including services as authorized by 5 U.S.C. 3109, $8,932,000.

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration,

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

107, and hire of passenger motor vehicles, $92,269,000, of which

$12,075,000 shall remain available until expended for the Capital

Investment Plan for continued modernization of the information

technology infrastructure within the Executive Office of the President: Provided, That $4,000,000 of Capital Investment Plan funds

may not be obligated until the Executive Office of the President

has submitted a report to the Committees on Appropriations that

includes an Enterprise Architecture, as defined in OMB Circular

A–130 and the Federal Chief Information Officers Council guidance,

that is reviewed and approved by the Office of Management and

Budget, reviewed by the United States Government Accountability

Office, and approved by the Committees on Appropriations.

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and

Budget, including hire of passenger motor vehicles and services

as authorized by 5 U.S.C. 3109 and to carry out the provisions

of chapter 35 of title 44, United States Code, $68,411,000, of which

not to exceed $1,500 shall be available for official representation

expenses: Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: Provided

further, That none of the funds appropriated in this Act for the

Office of Management and Budget may be used for the purpose

of reviewing any agricultural marketing orders or any activities

or regulations under the provisions of the Agricultural Marketing

Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further,

That none of the funds made available for the Office of Management

and Budget by this Act may be expended for the altering of the

transcript of actual testimony of witnesses, except for testimony

of officials of the Office of Management and Budget, before the

Committees on Appropriations or their subcommittees: Provided

further, That the preceding shall not apply to printed hearings

released by the Committees on Appropriations: Provided further,

That none of the funds appropriated in this Act may be available

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3249

to pay the salary or expenses of any employee of the Office of

Management and Budget who calculates, prepares, or approves

any tabular or other material that proposes the sub-allocation of

budget authority or outlays by the Committees on Appropriations

among their subcommittees: Provided further, That none of the

funds provided in this or prior Acts shall be used, directly or

indirectly, by the Office of Management and Budget, for evaluating

or determining if water resource project or study reports submitted

by the Chief of Engineers acting through the Secretary of the

Army are in compliance with all applicable laws, regulations, and

requirements relevant to the Civil Works water resource planning

process: Provided further, That the Office of Management and

Budget shall have not more than 60 days in which to perform

budgetary policy reviews of water resource matters on which the

Chief of Engineers has reported. The Director of the Office of

Management and Budget shall notify the appropriate authorizing

and Appropriations Committees when the 60-day review is initiated.

If water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days

of the end of the OMB review period based on the notification

from the Director, Congress shall assume OMB concurrence with

the report and act accordingly.

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control

Policy; for research activities pursuant to the Office of National

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701

et seq.); not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the

provision of services on matters of mutual interest with nonprofit,

research, or public organizations or agencies, with or without

reimbursement, $27,000,000; of which $1,350,000 shall remain

available until expended for policy research and evaluation: Provided, That the Office is authorized to accept, hold, administer,

and utilize gifts, both real and personal, public and private, without

fiscal year limitation, for the purpose of aiding or facilitating the

work of the Office.

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Counterdrug Technology Assessment Center for research activities pursuant to the Office of

National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C.

1701 et seq.), $42,000,000, which shall remain available until

expended, consisting of $18,000,000 for counternarcotics research

and development projects, and $24,000,000 for the continued operation of the technology transfer program: Provided, That the

$18,000,000 for counternarcotics research and development projects

shall be available for transfer to other Federal departments or

agencies.

21 USC 1702

note.

Notification.

Deadline.

Deadline.

118 STAT. 3250 PUBLIC LAW 108–447—DEC. 8, 2004

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control

Policy’s High Intensity Drug Trafficking Areas Program,

$228,350,000, for drug control activities consistent with the

approved strategy for each of the designated High Intensity Drug

Trafficking Areas, of which no less than 51 percent shall be transferred to State and local entities for drug control activities, which

shall be obligated within 120 days of the date of the enactment

of this Act: Provided, That up to 49 percent, to remain available

until September 30, 2006, may be transferred to Federal agencies

and departments at a rate to be determined by the Director, of

which not less than $2,000,000 shall be used for auditing services

and associated activities, and at least $500,000 of the $2,000,000

shall be used to develop and implement a data collection system

to measure the performance of the High Intensity Drug Trafficking

Areas Program: Provided further, That High Intensity Drug Trafficking Areas Programs designated as of September 30, 2004, shall

be funded at no less than the fiscal year 2004 initial allocation

levels unless the Director submits to the Committees on Appropriations, and the Committees approve, justification for changes in

those levels based on clearly articulated priorities for the High

Intensity Drug Trafficking Areas Programs, as well as published

Office of National Drug Control Policy performance measures of

effectiveness: Provided further, That a request shall be submitted

in compliance with the reprogramming guidelines to the Committees

on Appropriations for approval prior to the obligation of funds

of an amount in excess of the fiscal year 2005 budget request:

Provided further, That not to exceed $2,000,000 of the funds made

available under this heading in excess of the fiscal year 2005

budget request shall be available for the Consolidated Priority

Organization Target program.

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For activities to support a national anti-drug campaign for

youth, and for other purposes, authorized by the Office of National

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701

et seq.), $213,700,000, to remain available until expended, of which

the following amounts are available as follows: $120,000,000 to

support a national media campaign, as authorized by the DrugFree Media Campaign Act of 1998; $80,000,000 to continue a program of matching grants to drug-free communities, of which

$2,000,000 shall be a directed grant to the Community Anti-Drug

Coalitions of America for the National Community Anti-Drug Coalition Institute, as authorized in chapter 2 of the National Narcotics

Leadership Act of 1988, as amended; $2,000,000 for the Counterdrug

Intelligence Executive Secretariat; $750,000 for the National Drug

Court Institute; $1,000,000 for the National Alliance for Model

State Drug Laws; $7,500,000 for the United States Anti-Doping

Agency for anti-doping activities; $1,450,000 for the United States

membership dues to the World Anti-Doping Agency; and $1,000,000

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3251

for evaluations and research related to National Drug Control Program performance measures: Provided, That such funds may be

transferred to other Federal departments and agencies to carry

out such activities: Provided further, That of the amounts appropriated for a national media campaign, not to exceed 10 percent

shall be for administration, advertising production, research and

testing, labor and related costs of the national media campaign.

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet

unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the

current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000.

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide

assistance to the President in connection with specially assigned

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

106, including subsistence expenses as authorized by 3 U.S.C. 106,

which shall be expended and accounted for as provided in that

section; and hire of passenger motor vehicles, $4,571,000.

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the

extent not otherwise provided for, heating and lighting, including

electric power and fixtures, of the official residence of the Vice

President; the hire of passenger motor vehicles; and not to exceed

$90,000 for official entertainment expenses of the Vice President,

to be accounted for solely on his certificate, $333,000: Provided,

That advances or repayments or transfers from this appropriation

may be made to any department or agency for expenses of carrying

out such activities.

TITLE IV

INDEPENDENT AGENCIES

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE

BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502

of the Rehabilitation Act of 1973, as amended, $5,686,000: Provided,

That, notwithstanding any other provision of law, there may be

credited to this appropriation funds received for publications and

training expenses.

118 STAT. 3252 PUBLIC LAW 108–447—DEC. 8, 2004

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote Act of 2002, $14,000,000, of which $2,800,000 shall be transferred

to the National Institute of Standards and Technology for election

reform activities authorized under the Help America Vote Act of

2002.

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Fed- eral Election Campaign Act of 1971, as amended, $52,159,000,

of which no less than $4,700,000 shall be available for internal

automated data processing systems, and of which not to exceed

$5,000 shall be available for reception and representation expenses.

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including

services authorized by 5 U.S.C. 3109, and including hire of experts

and consultants, hire of passenger motor vehicles, and rental of

conference rooms in the District of Columbia and elsewhere,

$25,673,000: Provided, That public members of the Federal Service

Impasses Panel may be paid travel expenses and per diem in

lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons

employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal participants at labor-management relations conferences

shall be credited to and merged with this account, to be available

without further appropriation for the costs of carrying out these

conferences.

(RESCISSION)

Of the unobligated balances under this heading from prior

year appropriations, $3,000,000 are rescinded.

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission

as authorized by section 201(d) of the Merchant Marine Act, 1936,

as amended (46 U.S.C. App. 1111), including services as authorized

by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized

by 31 U.S.C. 1343(b); and uniforms or allowances therefor, as

authorized by 5 U.S.C. 5901–5902, $19,496,000: Provided, That

not to exceed $2,000 shall be available for official reception and

representation expenses.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3253

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFER OF FUNDS)

To carry out the purposes of the Fund established pursuant

to section 210(f) of the Federal Property and Administrative Services

Act of 1949, as amended (40 U.S.C. 592), the revenues and collections deposited into the Fund shall be available for necessary

expenses of real property management and related activities not

otherwise provided for, including operation, maintenance, and

protection of federally owned and leased buildings; rental of

buildings in the District of Columbia; restoration of leased premises;

moving governmental agencies (including space adjustments and

telecommunications relocation expenses) in connection with the

assignment, allocation and transfer of space; contractual services

incident to cleaning or servicing buildings, and moving; repair and

alteration of federally owned buildings including grounds,

approaches and appurtenances; care and safeguarding of sites;

maintenance, preservation, demolition, and equipment; acquisition

of buildings and sites by purchase, condemnation, or as otherwise

authorized by law; acquisition of options to purchase buildings

and sites; conversion and extension of federally owned buildings;

preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such

buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and

purchase contract; in the aggregate amount of $7,217,043,000, of

which: (1) $708,542,000 shall remain available until expended for

construction (including funds for sites and expenses and associated

design and construction services) of additional projects at the following locations:

New Construction:

California:

Los Angeles, Federal Bureau of Investigation Facility,

$14,054,000.

Los Angeles, United States Courthouse, $314,385,000.

San Diego, United States Courthouse, $3,068,000.

District of Columbia:

Southeast Federal Center Site Remediation,

$2,650,000.

Illinois:

Chicago, 10 West Jackson Place (Purchase),

$53,170,000.

Maine:

Calais, Border Station, $3,269,000.

Madawaska, Border Station, $1,760,000.

Maryland:

Montgomery County, Food and Drug Administration

Consolidation, $88,710,000.

Minnesota:

Warroad, Border Station, $1,837,000.

New Mexico:

118 STAT. 3254 PUBLIC LAW 108–447—DEC. 8, 2004

Las Cruces, United States Courthouse, $60,000,000.

New York:

Alexandria Bay, Border Station, $8,884,000.

Massena, Border Station, $15,000,000.

North Dakota:

Dunseith, Border Station, $2,301,000.

Portal, Border Station, $22,351,000.

Texas:

El Paso, Paso Del Norte Border Station, $26,191,000.

El Paso, United States Courthouse, $63,462,000.

El Paso, Ysleta Border Station, $2,491,000.

Vermont:

Derby Line, Border Station, $3,190,000.

Norton, Border Station, $580,000.

Richford, Border Station, $589,000.

Nonprospectus Construction, $10,000,000.

Judgment Fund repayment, $10,000,000:

Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected

in other such projects, but not to exceed 10 percent of the amounts

included in an approved prospectus, if required, unless advance

approval is obtained from the Committees on Appropriations of

a greater amount: Provided further, That all funds for direct

construction projects shall expire on September 30, 2006, and

remain in the Federal Buildings Fund except for funds for projects

as to which funds for design or other funds have been obligated

in whole or in part prior to such date; (2) $980,222,000 shall

remain available until expended for repairs and alterations, which

includes associated design and construction services:

Repairs and Alterations:

District of Columbia:

Eisenhower Executive Office Building, $5,000,000.

Federal Office Building 6, $8,267,000.

Hoover FBI Building, $10,242,000.

Mary E. Switzer Building, $80,335,000.

New Executive Office Building, $6,262,000.

Steam Distribution System, $2,000,000.

Theodore Roosevelt Building, $9,730,000.

Georgia:

Atlanta, Martin Luther King, Jr. Federal Building,

$14,800,000.

Atlanta, United States Court of Appeals, $32,004,000.

Hawaii:

Hilo, Federal Building, $5,133,000.

Louisiana:

New Orleans, Boggs Federal Building, $22,581,000.

New Orleans, Wisdom Courthouse of Appeals,

$8,005,000.

Maryland:

Baltimore, George H. Fallon Federal Building,

$46,163,000.

Suitland, National Record Center, $7,989,000.

Woodlawn, SSA Altmeyer Building, $6,300,000.

Minnesota:

St. Paul, Warren E. Burger Federal Building—Courthouse, $36,644,000.

Missouri:

Expiration date.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3255

Kansas City, Richard Bolling Federal Building, $40,048,000.

New York:

New York, Foley Square Courthouse, $2,505,000.

Queens, Joseph P. Addabbo Federal Building,

$5,455,000.

Ohio:

Cincinnati, Potter Stewart Courthouse, $37,975,000.

Cleveland, Celebreeze Federal Building, $37,375,000.

Washington:

Seattle, William Nakamura Courthouse, $50,210,000.

Special Emphasis Programs:

Chlorofluorocarbons Program, $13,000,000.

Energy Program, $30,000,000.

Glass Fragment Retention, $20,000,000.

Design Program, $48,699,000.

Basic Repairs and Alterations, $393,500,000:

Provided further, That funds made available in this or any previous

Act in the Federal Buildings Fund for Repairs and Alterations

shall, for prospectus projects, be limited to the amount identified

for each project, except each project in this or any previous Act

may be increased by an amount not to exceed 10 percent unless

advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects

for which prospectuses have been fully approved may be funded

under this category only if advance approval is obtained from the

Committees on Appropriations: Provided further, That the amounts

provided in this or any prior Act for ‘‘Repairs and Alterations’’

may be used to fund costs associated with implementing security

improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance

with the reprogramming guidelines of the appropriate Committees

of the House and Senate: Provided further, That the difference

between the funds appropriated and expended on any projects in

this or any prior Act, under the heading ‘‘Repairs and Alterations’’,

may be transferred to Basic Repairs and Alterations or used to

fund authorized increases in prospectus projects: Provided further,

That all funds for repairs and alterations prospectus projects shall

expire on September 30, 2006, and remain in the Federal Buildings

Fund except funds for projects as to which funds for design or

other funds have been obligated in whole or in part prior to such

date: Provided further, That the amount provided in this or any

prior Act for Basic Repairs and Alterations may be used to pay

claims against the Government arising from any projects under

the heading ‘‘Repairs and Alterations’’ or used to fund authorized

increases in prospectus projects; (3) $161,442,000 for installment

acquisition payments including payments on purchase contracts

which shall remain available until expended; (4) $3,657,315,000

for rental of space which shall remain available until expended;

and (5) $1,709,522,000 for building operations which shall remain

available until expended: Provided further, That funds available

to the General Services Administration shall not be available for

expenses of any construction, repair, alteration and acquisition

project for which a prospectus, if required by the Public Buildings

Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses

for the development of a proposed prospectus: Provided further,

Expiration date.

118 STAT. 3256 PUBLIC LAW 108–447—DEC. 8, 2004

That funds available in the Federal Buildings Fund may be

expended for emergency repairs when advance approval is obtained

from the Committees on Appropriations: Provided further, That

notwithstanding any other provision of law, the Administrator of

General Services is authorized and directed to proceed with site

acquisition, design, and subject to availability of funds, construction

and management and inspection, of a new Federal Building in

Tuscaloosa, Alabama for which funds for site acquisition and design

were provided in Public Law 108–199: Provided further, That

amounts necessary to provide reimbursable special services to other

agencies under section 210(f)(6) of the Federal Property and

Administrative Services Act of 1949, as amended (40 U.S.C.

592(b)(2)) and amounts to provide such reimbursable fencing,

lighting, guard booths, and other facilities on private or other

property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its

protective functions pursuant to 18 U.S.C. 3056, shall be available

from such revenues and collections: Provided further, That revenues

and collections and any other sums accruing to this Fund during

fiscal year 2005, excluding reimbursements under section 210(f)(6)

of the Federal Property and Administrative Services Act of 1949

(40 U.S.C. 592(b)(2)) in excess of the aggregate new obligational

authority authorized for Real Property Activities of the Federal

Buildings Fund in this Act shall remain in the Fund and shall

not be available for expenditure except as authorized in appropriations Acts.

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for,

for Government-wide policy and evaluation activities associated

with the management of real and personal property assets and

certain administrative services; Government-wide policy support

responsibilities relating to acquisition, telecommunications,

information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109, $62,100,000.

OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for,

for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; providing Internet access to Federal information and services; agencywide policy direction and management, and Board of Contract

Appeals; accounting, records management, and other support services incident to adjudication of Indian Tribal Claims by the United

States Court of Federal Claims; services as authorized by 5 U.S.C.

3109; and not to exceed $7,500 for official reception and representation expenses, $92,175,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and

services authorized by 5 U.S.C. 3109, $42,351,000: Provided, That

not to exceed $15,000 shall be available for payment for information

and detection of fraud against the Government, including payment

for recovery of stolen Government property: Provided further, That

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3257

not to exceed $2,500 shall be available for awards to employees

of other Federal agencies and private citizens in recognition of

efforts and initiatives resulting in enhanced Office of Inspector

General effectiveness.

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in support of interagency projects that

enable the Federal Government to expand its ability to conduct

activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods,

$3,000,000, to remain available until expended: Provided, That

these funds may be transferred to Federal agencies to carry out

the purposes of the Fund: Provided further, That this transfer

authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not

be made until 10 days after a proposed spending plan and justification for each project to be undertaken has been submitted to the

Committees on Appropriations.

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

(INCLUDING TRANSFER OF FUNDS)

For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 95–138, $3,106,000:

Provided, That the Administrator of General Services shall transfer

to the Secretary of the Treasury such sums as may be necessary

to carry out the provisions of such Acts.

GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING RECISSION OF FUNDS)

SEC. 401. The appropriate appropriation or fund available to

the General Services Administration shall be credited with the

cost of operation, protection, maintenance, upkeep, repair, and

improvement, included as part of rentals received from Government

corporations pursuant to law (40 U.S.C. 129).

SEC. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.

SEC. 403. Funds in the Federal Buildings Fund made available

for fiscal year 2005 for Federal Buildings Fund activities may

be transferred between such activities only to the extent necessary

to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations.

SEC. 404. No funds made available by this Act shall be used

to transmit a fiscal year 2006 request for United States Courthouse

construction that: (1) does not meet the design guide standards

for construction as established and approved by the General Services Administration, the Judicial Conference of the United States,

and the Office of Management and Budget; and (2) does not reflect

the priorities of the Judicial Conference of the United States as

set out in its approved 5-year construction plan: Provided, That

the fiscal year 2006 request must be accompanied by a standardized

118 STAT. 3258 PUBLIC LAW 108–447—DEC. 8, 2004

courtroom utilization study of each facility to be constructed,

replaced, or expanded.

SEC. 405. None of the funds provided in this Act may be

used to increase the amount of occupiable square feet, provide

cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency

that does not pay the rate per square foot assessment for space

and services as determined by the General Services Administration

in compliance with the Public Buildings Amendments Act of 1972

(Public Law 92–313).

SEC. 406. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims

against the Government of less than $250,000 arising from direct

construction projects and acquisition of buildings may be liquidated

from savings effected in other construction projects with prior

notification to the Committees on Appropriations.

SEC. 407. Notwithstanding 40 U.S.C. 524, 571, and 572, the

Administrator of General Services may sell the Middle River Depot

at Middle River, Maryland, and credit the proceeds of such sale

as offsetting collections to the Federal Buildings Fund, to be available, in addition to amounts otherwise appropriated for such Fund,

for such capital activities of the Fund as the Administrator may

deem appropriate: Provided, That the Administrator shall, to the

maximum extent practicable, cooperate and consult with Baltimore

County, Maryland officials and other interested persons in communities located near the Middle River Depot so that the sale and

use of the property is compatible with local economic development

plans and is not inconsistent with local land use, environmental

and zoning laws.

SEC. 408. Section 572(a)(2)(ii) of title 40, United States Code,

is amended by inserting the following before the period: ‘‘, highest

and best use of property studies, utilization of property studies,

deed compliance inspection, and the expenses incurred in a relocation’’.

SEC. 409. Of the amounts made available under the heading

‘‘Federal Buildings Fund’’ for New Construction and Repairs and

Alterations in this or any prior Act, a total amount of $106,000,000

are rescinded: Provided, That the Administrator of General Services

shall notify the Appropriations Committees of the House of Representatives and Senate of the specific projects, or parts thereof,

from which funds have been rescinded within 30 days of enactment

of this Act.

SEC. 410. In order to address heightened security requirements

for the proposed Moss United States Courthouse Annex project,

the Administrator of General Services is authorized to acquire

and demolish the real property, including land and improvements,

located in Salt Lake City, Utah, at the corner of 400 South Street

and West Temple, said land and improvements commonly known

as the Shubrick Building; to use previously appropriated project

funds to immediately initiate compliance procedures in accordance

with the National Historic Preservation Act and the National

Environmental Policy Act; and to redesign the proposed courthouse

expansion to incorporate this new site.

SEC. 411. CONVEYANCE OF LAND TO THE RECREATION AND PARK

COMMISSION FOR THE PARISH OF EAST BATON ROUGE, LOUISIANA. (a) CONVEYANCE.—Not later than 60 days after the date of enactment of this Act, the Postmaster General of the United States

Deadline.

Notification.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3259

Postal Service shall convey, for the consideration specified in subsection (b), the land described in subsection (d), including any

improvements thereon, to the General Services Administration.

(b) PURCHASE PRICE.—Upon the conveyance described in subsection (a), the Administrator of General Services shall pay the

United States Postal Service a purchase price equaling the fair

market value not to exceed $975,000, which price may be paid

by cash or credited to the existing USPS/GSA property swap program.

(c) RECONVEYANCE.—Not later than 10 days after the conveyance described in subsection (a), the Administrator of General Services shall convey, without consideration by quitclaim deed and

without recourse, the land described in subsection (d), including

any improvements thereon, to the Recreation and Park Commission

for the Parish of East Baton Rouge, Louisiana, for use as a downtown park or for other public purposes.

(d) DESCRIPTION OF PROPERTY.—The land referred to in subsections (a) and (c) is the property formerly used as the Main

Postal Office Carrier Annex in Baton Rouge, Louisiana and located

at 750 Florida Street. This land is situated north of Convention

Street, south of Florida Street and west of 7th Street. This land

comprises approximately 27,500 square feet and is improved by

a one-story building.

SEC. 412. Notwithstanding any other provision of law, the

Administrator of General Services may convey, by sale, lease,

exchange or otherwise, including through leaseback arrangements,

real and related personal property, or interests therein, and retain

the net proceeds of such dispositions in an account within the

Federal Buildings Fund to be used for the General Services

Administration’s real property capital needs: Provided, That all

net proceeds realized under this section shall only be expended

as authorized in annual appropriations Acts: Provided further, That

for the purposes of this section, the term ‘‘net proceeds’’ means

the rental and other sums received less the costs of the disposition,

and the term ‘‘real property capital needs’’ means any expenses

necessary and incident to the agency’s real property capital acquisitions, improvements, and dispositions.

SEC. 413. LAND CONVEYANCE, NAHANT, MASSACHUSETTS. (a)

CONVEYANCE AUTHORIZED.—Notwithstanding any other provision

of law, the Administrator of General Services may sell all right,

title, and interest of the United States in and to a parcel of real

property, including improvements thereon, that is located at Castle

Road, Gardner Road and Goddard Drive in Nahant, Massachusetts

to the Town of Nahant. In the event a binding sales contract

is not executed within 30 days of enactment the Administrator

shall commence with a public, competitive sale of the property.

(b) CONSIDERATION.—As consideration for conveyance under

subsection (a), the Town of Nahant shall pay, in a single lump

sum payment, $2,000,000.

(c) DEPOSIT OF FUNDS.—Notwithstanding any other provision

of law, the Administrator may deposit the net proceeds in the

Real Property Relocation account of the General Services Administration. In the event proceeds exceed $2,000,000, the net amount

in excess of $2,000,000 shall be deposited in the United States

Coast Guard Housing Fund established under 14 U.S.C. 687.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

Deadline.

118 STAT. 3260 PUBLIC LAW 108–447—DEC. 8, 2004

(a) shall be determined by a survey satisfactory to the Administrator. The cost of the survey shall be borne by the purchaser.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Administrator

may require such additional terms and conditions in connection

with the conveyance under subsection (a) as the Administrator

considers appropriate to protect the interests of the United States.

SEC. 414. None of the funds appropriated by this Act or any

other Act may be used after July 1, 2005 for the provision of

any telecommunications service for any Federal Government owned

building, unless such building is in compliance with a regulation

or Executive order issued after the date of enactment of this section

that requires, to the extent deemed appropriate by the President

or his designee, the provision of telecommunications services using

redundant and physically separate entry points to those buildings,

and the use of physically diverse local network facilities for the

provision of such telecommunications services.

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit

Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including

services as authorized by 5 U.S.C. 3109, rental of conference rooms

in the District of Columbia and elsewhere, hire of passenger motor

vehicles, and direct procurement of survey printing, $34,677,000

together with not to exceed $2,626,000 for administrative expenses

to adjudicate retirement appeals to be transferred from the Civil

Service Retirement and Disability Fund in amounts determined

by the Merit Systems Protection Board.

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For payment to the Morris K. Udall Scholarship and Excellence

in National Environmental Policy Trust Fund, pursuant to the

Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C.

5601 et seq.), $1,996,000, to remain available until expended, of

which up to $50,000 shall be used to conduct financial audits

pursuant to the Accountability of Tax Dollars Act of 2002 (Public

Law 107–289) notwithstanding sections 8 and 9 of Public Law

102–259: Provided, That up to 60 percent of such funds may be

transferred by the Morris K. Udall Scholarship and Excellence

in National Environmental Policy Foundation for the necessary

expenses of the Native Nations Institute.

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund

to carry out activities authorized in the Environmental Policy and

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3261

Conflict Resolution Act of 1998, $1,309,000, to remain available

until expended.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration

of the National Archives and Records Administration (including

the Information Security Oversight Office) and archived Federal

records and related activities, as provided by law, and for expenses

necessary for the review and declassification of documents, and

for the hire of passenger motor vehicles, $266,945,000: Provided,

That the Archivist of the United States is authorized to use any

excess funds available from the amount borrowed for construction

of the National Archives facility, for expenses necessary to provide

adequate storage for holdings.

ELECTRONIC RECORDS ARCHIVES

For necessary expenses in connection with the development

of the electronic records archives, to include all direct project costs

associated with research, analysis, design, development, and program management, $35,914,000.

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $13,432,000,

to remain available until expended, of which $3,000,000 is for

site preparation and construction management to construct a new

regional archives and records facility in Anchorage, Alaska, and

of which $2,000,000 is for the repair and restoration of the plaza

that surrounds the Lyndon Baines Johnson Presidential Library

that is under the joint control and custody of the University of

Texas: Provided, That such funds may be transferred directly to

the University and used, together with University funds, for repair

and restoration of the plaza and remain available until expended

for this purpose.

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical

publications and records as authorized by 44 U.S.C. 2504, as

amended, $5,000,000, to remain available until expended.

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety

Board, including hire of passenger motor vehicles and aircraft;

services as authorized by 5 U.S.C. 3109, but at rates for individuals

not to exceed the per diem rate equivalent to the rate for a GS–

15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.

5901–5902) $76,700,000, of which not to exceed $2,000 may be

used for official reception and representation expenses.

118 STAT. 3262 PUBLIC LAW 108–447—DEC. 8, 2004

(RESCISSION)

Of the available unobligated balances made available under Public Law 106–246, $8,000,000 are rescinded.

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office

of Government Ethics pursuant to the Ethics in Government Act

of 1978, as amended and the Ethics Reform Act of 1989, including

services as authorized by 5 U.S.C. 3109, rental of conference rooms

in the District of Columbia and elsewhere, hire of passenger motor

vehicles, and not to exceed $1,500 for official reception and representation expenses, $11,238,000.

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office

of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including

services as authorized by 5 U.S.C. 3109; medical examinations

performed for veterans by private physicians on a fee basis; rental

of conference rooms in the District of Columbia and elsewhere;

hire of passenger motor vehicles; not to exceed $2,500 for official

reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management

and the Federal Bureau of Investigation for expenses incurred

under Executive Order No. 10422 of January 9, 1953, as amended;

and payment of per diem and/or subsistence allowances to

employees where Voting Rights Act activities require an employee

to remain overnight at his or her post of duty, $125,500,000, of

which $12,000,000 shall remain available until September 30, 2007;

and in addition $128,462,000 for administrative expenses, to be

transferred from the appropriate trust funds of the Office of Personnel Management without regard to other statutes, including

direct procurement of printed materials, for the retirement and

insurance programs, of which $27,640,000 shall remain available

until expended for the cost of automating the retirement recordkeeping systems: Provided, That the provisions of this appropriation

shall not affect the authority to use applicable trust funds as

provided by sections 8348(a)(1)(B), and 9004(f)(1)(A) and (2)(A) of

title 5, United States Code: Provided further, That no part of

this appropriation shall be available for salaries and expenses of

the Legal Examining Unit of the Office of Personnel Management

established pursuant to Executive Order No. 9358 of July 1, 1943,

or any successor unit of like purpose: Provided further, That the

President’s Commission on White House Fellows, established by

Executive Order No. 11183 of October 3, 1964, may, during fiscal

year 2005, accept donations of money, property, and personal services: Provided further, That such donations, including those from

prior years, may be used for the development of publicity materials

to provide information about the White House Fellows, except that

no such donations shall be accepted for travel or reimbursement

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3263

of travel expenses, or for the salaries of employees of such Commission.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act, as

amended, including services as authorized by 5 U.S.C. 3109, hire

of passenger motor vehicles, $1,627,000, and in addition, not to

exceed $16,461,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel

Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel

Management, as determined by the Inspector General: Provided,

That the Inspector General is authorized to rent conference rooms

in the District of Columbia and elsewhere.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to

retired employees, as authorized by chapter 89 of title 5, United

States Code, and the Retired Federal Employees Health Benefits

Act (74 Stat. 849), as amended, such sums as may be necessary.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to

employees retiring after December 31, 1989, as required by chapter

87 of title 5, United States Code, such sums as may be necessary.

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased

annuity benefits becoming effective on or after October 20, 1969,

as authorized by 5 U.S.C. 8348, and annuities under special Acts

to be credited to the Civil Service Retirement and Disability Fund,

such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, as amended, and the Act of

August 19, 1950, as amended (33 U.S.C. 771–775), may hereafter

be paid out of the Civil Service Retirement and Disability Fund.

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office

of Special Counsel pursuant to Reorganization Plan Numbered 2

of 1978, the Civil Service Reform Act of 1978 (Public Law 95–

454), as amended, the Whistleblower Protection Act of 1989 (Public

Law 101–12), as amended, Public Law 103–424, and the Uniformed

Services Employment and Reemployment Act of 1994 (Public Law

103–353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms

33 USC 776.

118 STAT. 3264 PUBLIC LAW 108–447—DEC. 8, 2004

in the District of Columbia and elsewhere, and hire of passenger

motor vehicles; $15,449,000.

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone

on free and reduced rate mail, pursuant to subsections (c) and

(d) of section 2401 of title 39, United States Code, $90,709,000,

of which $61,709,000 shall not be available for obligation until

October 1, 2005: Provided, That mail for overseas voting and mail

for the blind shall continue to be free: Provided further, That

6-day delivery and rural delivery of mail shall continue at not

less than the 1983 level: Provided further, That none of the funds

made available to the Postal Service by this Act shall be used

to implement any rule, regulation, or policy of charging any officer

or employee of any State or local child support enforcement agency,

or any individual participating in a State or local program of child

support enforcement, a fee for information requested or provided

concerning an address of a postal customer: Provided further, That

none of the funds provided in this Act shall be used to consolidate

or close small rural and other small post offices in fiscal year

2005.

EMERGENCY PREPAREDNESS

For an additional amount for ‘‘Payment to the Postal Service

Fund’’ for emergency expenses to enable the Postal Service to protect postal employees and postal customers from exposure to hazardous materials in the mail, $507,000,000, to remain available

until expended: Provided, That the Postal Service shall submit

a spending plan for funds under this heading to the Office of

Management and Budget and the House and Senate Committees

on Appropriations: Provided further, That the Government Accountability Office shall review the spending plan and capabilities of

the systems to detect hazardous materials: Provided further, That

$7,000,000 is for the mail irradiation facility in Washington, D.C.:

Provided further, That the $7,000,000 specified for the mail irradiation facility is designated as an emergency requirement pursuant

to section 402 of S. Con. Res. 95 (108th Congress), as made

applicable to the House of Representatives by H. Res. 649 (108th

Congress) and applicable to the Senate by section 14007 of Public

Law 108–287.

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other

services as authorized by 5 U.S.C. 3109, $41,180,000: Provided,

That travel expenses of the judges shall be paid upon the written

certificate of the judge.

26 USC 7443

note.

39 USC 403 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3265

TITLE V

GENERAL PROVISIONS

THIS ACT

(INCLUDING TRANSFERS OF FUNDS)

SEC. 501. Such sums as may be necessary for fiscal year 2005

pay raises for programs funded in this Act shall be absorbed within

the levels appropriated in this Act or previous appropriations Acts.

SEC. 502. None of the funds in this Act shall be used for

the planning or execution of any program to pay the expenses

of, or otherwise compensate, non-Federal parties intervening in

regulatory or adjudicatory proceedings funded in this Act.

SEC. 503. None of the funds appropriated in this Act shall

remain available for obligation beyond the current fiscal year, nor

may any be transferred to other appropriations, unless expressly

so provided herein.

SEC. 504. The expenditure of any appropriation under this

Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited

to those contracts where such expenditures are a matter of public

record and available for public inspection, except where otherwise

provided under existing law, or under existing Executive order

issued pursuant to existing law.

SEC. 505. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriations Act.

SEC. 506. None of the funds made available by this Act shall

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to

a Government employee would result in a decision, determination,

rule, regulation, or policy that would prohibit the enforcement of

section 307 of the Tariff Act of 1930.

SEC. 507. No part of any appropriation contained in this Act

shall be available to pay the salary for any person filling a position,

other than a temporary position, formerly held by an employee

who has left to enter the Armed Forces of the United States and

has satisfactorily completed his period of active military or naval

service, and has within 90 days after his release from such service

or from hospitalization continuing after discharge for a period of

not more than 1 year, made application for restoration to his former

position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position

and has not been restored thereto.

SEC. 508. No funds appropriated pursuant to this Act may

be expended by an entity unless the entity agrees that in expending

the assistance the entity will comply with sections 2 through 4

of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known

as the ‘‘Buy America Act’’).

SEC. 509. No funds appropriated or otherwise made available

under this Act shall be made available to any person or entity

that has been convicted of violating the Buy American Act (41

U.S.C. 10a–10c).

118 STAT. 3266 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 510. None of the funds provided in this Act, provided

by previous appropriations Acts to the agencies or entities funded

in this Act that remain available for obligation or expenditure

in fiscal year 2005, or provided from any accounts in the Treasury

derived by the collection of fees and available to the agencies

funded by this Act, shall be available for obligation or expenditure

through a reprogramming of funds that: (1) creates a new program;

(2) eliminates a program, project, or activity; (3) increases funds

or personnel for any program, project, or activity for which funds

have been denied or restricted by the Congress; (4) proposes to

use funds directed for a specific activity by either the House or

Senate Committees on Appropriations for a different purpose; (5)

augments existing programs, projects, or activities in excess of

$5,000,000 or 10 percent, whichever is less; (6) reduces existing

programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch,

division, office, bureau, board, commission, agency, administration,

or department different from the budget justifications submitted

to the Committees on Appropriations or the table accompanying

the statement of the managers accompanying this Act, whichever

is more detailed, unless prior approval is received from the House

and Senate Committees on Appropriations: Provided, That not later

than 60 days after the date of enactment of this Act, each agency

funded by this Act shall submit a report to the Committee on

Appropriations of the Senate and of the House of Representatives

to establish the baseline for application of reprogramming and

transfer authorities for the current fiscal year: Provided further,

That the report shall include: (1) a table for each appropriation

with a separate column to display the President’s budget request,

adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and

program, project, and activity as detailed in the budget appendix

for the respective appropriation; and (3) an identification of items

of special congressional interest: Provided further, That the amount

appropriated or limited for salaries and expenses for an agency

shall be reduced by $100,000 per day for each day after the required

date that the report has not been submitted to the Congress.

SEC. 511. Except as otherwise specifically provided by law,

not to exceed 50 percent of unobligated balances remaining available

at the end of fiscal year 2005 from appropriations made available

for salaries and expenses for fiscal year 2005 in this Act, shall

remain available through September 30, 2006, for each such account

for the purposes authorized: Provided, That a request shall be

submitted to the Committees on Appropriations for approval prior

to the expenditure of such funds: Provided further, That these

requests shall be made in compliance with reprogramming guidelines.

SEC. 512. None of the funds made available in this Act may

be used by the Executive Office of the President to request from

the Federal Bureau of Investigation any official background investigation report on any individual, except when—

(1) such individual has given his or her express written

consent for such request not more than 6 months prior to

the date of such request and during the same presidential

administration; or

Deadline.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3267

(2) such request is required due to extraordinary circumstances involving national security.

SEC. 513. The cost accounting standards promulgated under

section 26 of the Office of Federal Procurement Policy Act (Public

Law 93–400; 41 U.S.C. 422) shall not apply with respect to a

contract under the Federal Employees Health Benefits Program

established under chapter 89 of title 5, United States Code.

SEC. 514. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction

on unanticipated travel expenses imposed in an Appropriations

Act) funds made available to the Office pursuant to court approval.

SEC. 515. No funds appropriated by this Act shall be available

to pay for an abortion, or the administrative expenses in connection

with any health plan under the Federal employees health benefits

program which provides any benefits or coverage for abortions.

SEC. 516. The provision of section 515 shall not apply where

the life of the mother would be endangered if the fetus were carried

to term, or the pregnancy is the result of an act of rape or incest.

SEC. 517. In order to promote Government access to commercial

information technology, the restriction on purchasing nondomestic

articles, materials, and supplies set forth in the Buy American

Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition

by the Federal Government of information technology (as defined

in section 11101 of title 40, United States Code, that is a commercial

item (as defined in section 4(12) of the Office of Federal Procurement

Policy Act (41 U.S.C. 403(12)).

SEC. 518. Public Law 108–199 is amended in division H, section

161, by inserting ‘‘and all Federal agencies’’ after ‘‘Office of Management and Budget’’.

SEC. 519. None of the funds made available in the Act may

be used to finalize, implement, administer, or enforce—

(1) the proposed rule relating to the determination that

real estate brokerage is an activity that is financial in nature

or incidental to a financial activity published in the Federal

Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or

(2) the revision proposed in such rule to section 1501.2

of title 12 of the Code of Federal Regulations.

SEC. 520. TREATMENT OF THE TENNESSEE VALLEY AUTHORITY.

The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is

amended—

(1) in section 3(a)(42)(B) (15 U.S.C. 78c(a)(42)(B)), by

inserting ‘‘by the Tennessee Valley Authority or’’ after ‘‘issued

or guaranteed’’; and

(2) by adding at the end the following new section:

‘‘SEC. 37. TENNESSEE VALLEY AUTHORITY.

‘‘(a) IN GENERAL.—Commencing with the issuance by the Tennessee Valley Authority of an annual report on Commission Form

10–K (or any successor thereto) for fiscal year 2006 and thereafter,

the Tennessee Valley Authority shall file with the Commission,

in accordance with such rules and regulations as the Commission

has prescribed or may prescribe, such periodic, current, and supplementary information, documents, and reports as would be required

pursuant to section 13 if the Tennessee Valley Authority were

Reports.

Deadline.

15 USC 78nn.

25 USC 450 note.

Abortion.

118 STAT. 3268 PUBLIC LAW 108–447—DEC. 8, 2004

an issuer of a security registered pursuant to section 12. Notwithstanding the preceding sentence, the Tennessee Valley Authority

shall not be required to register any securities under this title,

and shall not be deemed to have registered any securities under

this title.

‘‘(b) LIMITED TREATMENT AS ISSUER.—Commencing with the

issuance by the Tennessee Valley Authority of an annual report

on Commission Form 10–K (or any successor thereto) for fiscal

year 2006 and thereafter, the Tennessee Valley Authority shall

be deemed to be an issuer for purposes of section 10A, other than

for subsection (m)(1) or (m)(3) of section 10A. The Tennessee Valley

Authority shall not be required by this subsection to comply with

the rules issued by any national securities exchange or national

securities association in response to rules issued by the Commission

pursuant to section 10A(m)(1).

‘‘(c) NO EFFECT ON TVA AUTHORITY.—Nothing in this section

shall be construed to diminish, impair, or otherwise affect the

authority of the Board of Directors of the Tennessee Valley

Authority to carry out its statutory functions under the Tennessee

Valley Authority Act of 1933.’’.

SEC. 521. Section 307 of the Denali Commission Act of 1998

(42 U.S.C. 3121 note) is amended by adding at the end the following

new subsection:

‘‘(e) DOCKS, WATERFRONT TRANSPORTATION DEVELOPMENT, AND

RELATED INFRASTRUCTURE PROJECTS.—The Secretary of Transportation is authorized to make direct lump sum payments to the

Commission to construct docks, waterfront development projects,

and related transportation infrastructure, provided the local

community provides a ten percent non-Federal match in the form

of any necessary land or planning and design funds. To carry

out this section, there is authorized to be appropriated such sums

as may be necessary.’’.

SEC. 522. (a) PRIVACY OFFICER.—Each agency shall have a

Chief Privacy Officer to assume primary responsibility for privacy

and data protection policy, including—

(1) assuring that the use of technologies sustain, and do

not erode, privacy protections relating to the use, collection,

and disclosure of information in an identifiable form;

(2) assuring that technologies used to collect, use, store,

and disclose information in identifiable form allow for continuous auditing of compliance with stated privacy policies and

practices governing the collection, use and distribution of

information in the operation of the program;

(3) assuring that personal information contained in Privacy

Act systems of records is handled in full compliance with fair

information practices as defined in the Privacy Act of 1974;

(4) evaluating legislative and regulatory proposals involving

collection, use, and disclosure of personal information by the

Federal Government;

(5) conducting a privacy impact assessment of proposed

rules of the Department on the privacy of information in an

identifiable form, including the type of personally identifiable

information collected and the number of people affected;

(6) preparing a report to Congress on an annual basis

on activities of the Department that affect privacy, including

complaints of privacy violations, implementation of section 552a

Reports.

Deadline.

5 USC 552a note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3269

of title 5, 11 United States Code, internal controls, and other

relevant matters;

(7) ensuring that the Department protects information in

an identifiable form and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction;

(8) training and educating employees on privacy and data

protection policies to promote awareness of and compliance

with established privacy and data protection policies; and

(9) ensuring compliance with the Departments established

privacy and data protection policies.

(b) ESTABLISHING PRIVACY AND DATA PROTECTION PROCEDURES

AND POLICIES.— (1) IN GENERAL.—Within 12 months of enactment of this

Act, each agency shall establish and implement comprehensive

privacy and data protection procedures governing the agency’s

collection, use, sharing, disclosure, transfer, storage and security of information in an identifiable form relating to the agency

employees and the public. Such procedures shall be consistent

with legal and regulatory guidance, including OMB regulations,

the Privacy Act of 1974, and section 208 of the E-Government

Act of 2002.

(c) RECORDING.—Each agency shall prepare a written report

of its use of information in an identifiable form, along with its

privacy and data protection policies and procedures and record

it with the Inspector General of the agency to serve as a benchmark

for the agency. Each report shall be signed by the agency privacy

officer to verify that the agency intends to comply with the procedures in the report. By signing the report the privacy officer also

verifies that the agency is only using information in identifiable

form as detailed in the report.

(d) INDEPENDENT, THIRD-PARTY REVIEW.—

(1) IN GENERAL.—At least every 2 years, each agency shall

have performed an independent, third party review of the use

of information in identifiable form as the privacy and data

protection procedures of the agency to—

(A) determine the accuracy of the description of the

use of information in identifiable form;

(B) determine the effectiveness of the privacy and data

protection procedures;

(C) ensure compliance with the stated privacy and

data protection policies of the agency and applicable laws

and regulations; and

(D) ensure that all technologies used to collect, use,

store, and disclose information in identifiable form allow

for continuous auditing of compliance with stated privacy

policies and practices governing the collection, use and

distribution of information in the operation of the program.

(2) PURPOSES.—The purposes of reviews under this subsection are to—

(A) ensure the agency’s description of the use of

information in an identifiable form is accurate and accounts

for the agency’s current technology and its processing of

information in an identifiable form;

(B) measure actual privacy and data protection practices against the agency’s recorded privacy and data protection procedures;

Deadlines.

Reports.

118 STAT. 3270 PUBLIC LAW 108–447—DEC. 8, 2004

(C) ensure compliance and consistency with both online

and offline stated privacy and data protection policies; and

(D) provide agencies with ongoing awareness and recommendations regarding privacy and data protection procedures.

(3) REQUIREMENTS OF REVIEW.—The Inspector General of

each agency shall contract with an independent, third party

that is a recognized leader in privacy consulting, privacy technology, data collection and data use management, and global

privacy issues, to—

(A) evaluate the agency’s use of information in identifiable form;

(B) evaluate the privacy and data protection procedures

of the agency; and

(C) recommend strategies and specific steps to improve

privacy and data protection management.

(4) CONTENT.—Each review under this subsection shall

include—

(A) a review of the agency’s technology, practices and

procedures with regard to the collection, use, sharing,

disclosure, transfer and storage of information in identifiable form;

(B) a review of the agency’s stated privacy and data

protection procedures with regard to the collection, use,

sharing, disclosure, transfer, and security of personal

information in identifiable form relating to agency

employees and the public;

(C) a detailed analysis of agency intranet, network

and Websites for privacy vulnerabilities, including—

(i) noncompliance with stated practices, procedures

and policies; and

(ii) risks for inadvertent release of information

in an identifiable form from the website of the agency;

and

(D) a review of agency compliance with this Act.

(e) REPORT.—

(1) IN GENERAL.—Upon completion of a review, the

Inspector General of an agency shall submit to the head of

that agency a detailed report on the review, including recommendations for improvements or enhancements to management of information in identifiable form, and the privacy and

data protection procedures of the agency.

(2) INTERNET AVAILABILITY.—Each agency shall make each

independent third party review, and each report of the Inspector

General relating to that review available to the public.

(f) DEFINITION.—In this section, the definition of ‘‘identifiable

form’’ is consistent with Public Law 107–347, the E-Government

Act of 2002, and means any representation of information that

permits the identity of an individual to whom the information

applies to be reasonably inferred by either direct or indirect means.

SEC. 523. None of the funds made available under this Act

may be obligated or expended to establish or implement a pilot

program under which not more than 10 designated essential air

service communities located in proximity to hub airports are

required to assume 10 percent of their essential air subsidy costs

for a 4-year period commonly referred to as the EAS local participation program.

Public

information.

Contracts.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3271

SEC. 524. None of the funds made available in this Act may

be used by the Council of Economic Advisers to produce an Economic

Report of the President regarding the inclusion of employment

at a retail fast food restaurant as part of the definition of manufacturing employment.

SEC. 525. Section 302(e)(3)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(e)(3)(B)) is amended by striking ‘‘$1,000’’

and inserting in its place ‘‘$2,000’’.

SEC. 526. The Former Presidents Act, 3 U.S.C. 102, note, is

amended to add the following at the end of section 1(b): ‘‘Amounts

provided for ‘Allowances and Office Staff for Former Presidents’

may be used to pay fees of an independent contractor who is

not a member of the staff of the office of a former President

for the review of Presidential records of a former President in

connection with the transfer of such records to the National

Archives and Records Administration or a Presidential Library

without regard to the limitation on staff compensation set forth

herein.’’.

SEC. 527. Of funds so made available in Items 18 and 19

of the table contained in section 3031 of Public Law 105–178,

$5,000,000 shall be available for the Buffalo, New York Inner

Harbor Redevelopment Project; of funds made available in Public

Law 104–50 for Crossroads Intermodal Station, New York,

$1,000,000 shall be available for the Buffalo Inner Harbor Redevelopment Project; of the funds made available in Public Law 104–

205 for Crossroads Intermodal Station, New York, $1,000,000 shall

be available for the Buffalo, New York Inner Harbor Redevelopment

Project; of funds made available in Public Law 106–346 for Buffalo,

New York Intermodal facility, $500,000 shall be available for the

Buffalo, New York Inner Harbor Redevelopment Project; of funds

made available in Public Law 108–7 for Buffalo Intermodal

Transportation Center, $5,000,000 shall be available for the Buffalo,

New York Inner Harbor Redevelopment Project.

SEC. 528. Funds in this Act that are apportioned to the

Charleston Area Regional Transportation Authority to carry out

section 5307 of title 49, United States Code, may be used to acquire

land, equipment, or facilities used in public transportation from

another governmental authority in the same geographic area: Provided, That the non-Federal share under section 5307 may include

revenues from the sale of advertising and concessions.

SEC. 529. To the extent that funds remain available within

the current budget for the project, the Secretary shall amend the

Full Funding Grant Agreement for the Tri-Met Interstate light

rail extension in Portland, Oregon, to allow acquisition of up to

a total of twenty-four light rail vehicles.

SEC. 530. Section 1023(h) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law

102–240 as amended by section 347 of Public Law 108–7) is

amended in paragraph (1) by striking ‘‘October 1, 2003’’ and

inserting ‘‘October 1, 2005’’.

SEC. 531. Unobligated funds in an amount not to exceed $4,500,000 that were designated to the North Country County

Consortium, New York project in the conference report accompanying Public Law 108–99 under the Job Access and Reverse

Commute Account shall be transferred to and administered under

the bus category of the Capital Investment Grants Account and

available for North Country Bus and Bus Related Equipment.

118 STAT. 3272 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 532. Section 312a(a) of the Federal Election Campaign

Act of 1971 (2 U.S.C. 439a(a)) is amended—

(1) by striking the ‘‘or’’ at the end of paragraph (a)(3);

(2) by striking the period, and adding a semi-colon at

the end of paragraph (a)(4);

(3) by adding a new paragraph (a)(5) to read as follows:

‘‘(5) for donations to State and local candidates subject to the

provisions of State law; or’’; and

(4) by adding a new paragraph (a)(6) to read as follows:

‘‘(6) for any other lawful purpose unless prohibited by subsection

(b) of this section.’’.

SEC. 533. From funds made available in this Act under the

headings ‘‘White House Office’’, ‘‘Executive Residence at the White

House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisors’’, ‘‘Office of Policy Development’’, ‘‘National Security

Council’’, ‘‘Office of Administration’’, ‘‘Office of Management and

Budget’’, ‘‘Office of National Drug Control Policy’’, ‘‘Special Assistance to the President’’, and ‘‘Official Residence of the Vice President’’, the Director of the Office of Management and Budget (or

such other officer as the President may designate in writing), may,

fifteen days after giving notice to the House and Senate Committees

on Appropriations, transfer not to exceed 10 percent of any such

appropriation to any other such appropriation, to be merged with

and available for the same time and for the same purposes as

the appropriation to which transferred: Provided, That the amount

of an appropriation shall not be increased by more than 50 percent

by such transfers: Provided further, That no amount shall be transferred from ‘‘Special Assistance to the President’’ or ‘‘Official Residence of the Vice President’’ without the approval of the Vice

President.

TITLE VI

GENERAL PROVISIONS

DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 601. Funds appropriated in this or any other Act may

be used to pay travel to the United States for the immediate

family of employees serving abroad in cases of death or life threatening illness of said employee.

SEC. 602. No department, agency, or instrumentality of the

United States receiving appropriated funds under this or any other

Act for fiscal year 2005 shall obligate or expend any such funds,

unless such department, agency, or instrumentality has in place,

and will continue to administer in good faith, a written policy

designed to ensure that all of its workplaces are free from the

illegal use, possession, or distribution of controlled substances (as

defined in the Controlled Substances Act) by the officers and

employees of such department, agency, or instrumentality.

SEC. 603. Unless otherwise specifically provided, the maximum

amount allowable during the current fiscal year in accordance with

section 16 of the Act of August 2, 1946 (60 Stat. 810), for the

purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is

hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded

31 USC 1343

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3273

by not to exceed $3,700 for police-type vehicles, and by not to

exceed $4,000 for special heavy-duty vehicles: Provided further,

That the limits set forth in this section may not be exceeded

by more than 5 percent for electric or hybrid vehicles purchased

for demonstration under the provisions of the Electric and Hybrid

Vehicle Research, Development, and Demonstration Act of 1976:

Provided further, That the limits set forth in this section may

be exceeded by the incremental cost of clean alternative fuels

vehicles acquired pursuant to Public Law 101–549 over the cost

of comparable conventionally fueled vehicles.

SEC. 604. Appropriations of the executive departments and

independent establishments for the current fiscal year available

for expenses of travel, or for the expenses of the activity concerned,

are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.

SEC. 605. Unless otherwise specified during the current fiscal

year, no part of any appropriation contained in this or any other

Act shall be used to pay the compensation of any officer or employee

of the Government of the United States (including any agency

the majority of the stock of which is owned by the Government

of the United States) whose post of duty is in the continental

United States unless such person: (1) is a citizen of the United

States; (2) is a person in the service of the United States on

the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of

the United States prior to such date and is actually residing in

the United States; (3) is a person who owes allegiance to the

United States; (4) is an alien from Cuba, Poland, South Vietnam,

the countries of the former Soviet Union, or the Baltic countries

lawfully admitted to the United States for permanent residence;

(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled

in the United States after January 1, 1975; or (6) is a national

of the People’s Republic of China who qualifies for adjustment

of status pursuant to the Chinese Student Protection Act of 1992:

Provided, That for the purpose of this section, an affidavit signed

by any such person shall be considered prima facie evidence that

the requirements of this section with respect to his or her status

have been complied with: Provided further, That any person making

a false affidavit shall be guilty of a felony, and, upon conviction,

shall be fined no more than $4,000 or imprisoned for not more

than 1 year, or both: Provided further, That the above penal clause

shall be in addition to, and not in substitution for, any other

provisions of existing law: Provided further, That any payment

made to any officer or employee contrary to the provisions of this

section shall be recoverable in action by the Federal Government.

This section shall not apply to citizens of Ireland, Israel, or the

Republic of the Philippines, or to nationals of those countries allied

with the United States in a current defense effort, or to international broadcasters employed by the United States Information

Agency, or to temporary employment of translators, or to temporary

employment in the field service (not to exceed 60 days) as a result

of emergencies.

SEC. 606. Appropriations available to any department or agency

during the current fiscal year for necessary expenses, including

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space

and services and those expenses of renovation and alteration of

5 USC 3101 note.

118 STAT. 3274 PUBLIC LAW 108–447—DEC. 8, 2004

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73

Stat. 749), the Public Buildings Amendments of 1972 (87 Stat.

216), or other applicable law.

SEC. 607. In addition to funds provided in this or any other

Act, all Federal agencies are authorized to receive and use funds

resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling

or waste prevention programs. Such funds shall be available until

expended for the following purposes:

(1) Acquisition, waste reduction and prevention, and

recycling programs as described in Executive Order No. 13101

(September 14, 1998), including any such programs adopted

prior to the effective date of the Executive order.

(2) Other Federal agency environmental management programs, including, but not limited to, the development and

implementation of hazardous waste management and pollution

prevention programs.

(3) Other employee programs as authorized by law or as

deemed appropriate by the head of the Federal agency.

SEC. 608. Funds made available by this or any other Act for

administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States

Code, shall be available, in addition to objects for which such

funds are otherwise available, for rent in the District of Columbia;

services in accordance with 5 U.S.C. 3109; and the objects specified

under this head, all the provisions of which shall be applicable

to the expenditure of such funds unless otherwise specified in

the Act by which they are made available: Provided, That in the

event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations

on administrative expenses shall be correspondingly reduced.

SEC. 609. No part of any appropriation for the current fiscal

year contained in this or any other Act shall be paid to any person

for the filling of any position for which he or she has been nominated

after the Senate has voted not to approve the nomination of said

person.

SEC. 610. No part of any appropriation contained in this or

any other Act shall be available for interagency financing of boards

(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)

which do not have a prior and specific statutory approval to receive

financial support from more than one agency or instrumentality.

SEC. 611. Funds made available by this or any other Act to

the Postal Service Fund (39 U.S.C. 2003) shall be available for

employment of guards for all buildings and areas owned or occupied

by the Postal Service and under the charge and control of the

Postal Service, and such guards shall have, with respect to such

property, the powers of special policemen provided by the first

section of the Act of June 1, 1948, as amended (62 Stat. 281;

40 U.S.C. 318), and, as to property owned or occupied by the

Postal Service, the Postmaster General may take the same actions

as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended

(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal

consequences under the authority and within the limits provided

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3275

in section 4 of the Act of June 1, 1948, as amended (62 Stat.

281; 40 U.S.C. 318c).

SEC. 612. None of the funds made available pursuant to the

provisions of this Act shall be used to implement, administer, or

enforce any regulation which has been disapproved pursuant to

a resolution of disapproval duly adopted in accordance with the

applicable law of the United States.

SEC. 613. (a) Notwithstanding any other provision of law, and

except as otherwise provided in this section, no part of any of

the funds appropriated for fiscal year 2005, by this or any other

Act, may be used to pay any prevailing rate employee described

in section 5342(a)(2)(A) of title 5, United States Code—

(1) during the period from the date of expiration of the

limitation imposed by the comparable section for previous fiscal

years until the normal effective date of the applicable wage

survey adjustment that is to take effect in fiscal year 2005,

in an amount that exceeds the rate payable for the applicable

grade and step of the applicable wage schedule in accordance

with such section; and

(2) during the period consisting of the remainder of fiscal

year 2005, in an amount that exceeds, as a result of a wage

survey adjustment, the rate payable under paragraph (1) by

more than the sum of—

(A) the percentage adjustment taking effect in fiscal

year 2005 under section 5303 of title 5, United States

Code, in the rates of pay under the General Schedule;

and

(B) the difference between the overall average percentage of the locality-based comparability payments taking

effect in fiscal year 2005 under section 5304 of such title

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in

the previous fiscal year under such section.

(b) Notwithstanding any other provision of law, no prevailing

rate employee described in subparagraph (B) or (C) of section

5342(a)(2) of title 5, United States Code, and no employee covered

by section 5348 of such title, may be paid during the periods

for which subsection (a) is in effect at a rate that exceeds the

rates that would be payable under subsection (a) were subsection

(a) applicable to such employee.

(c) For the purposes of this section, the rates payable to an

employee who is covered by this section and who is paid from

a schedule not in existence on September 30, 2004, shall be determined under regulations prescribed by the Office of Personnel

Management.

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed

from the rates in effect on September 30, 2004, except to the

extent determined by the Office of Personnel Management to be

consistent with the purpose of this section.

(e) This section shall apply with respect to pay for service

performed after September 30, 2004.

(f) For the purpose of administering any provision of law

(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires

any deduction or contribution, or that imposes any requirement

or limitation on the basis of a rate of salary or basic pay, the

Applicability.

5 USC 5343 note.

118 STAT. 3276 PUBLIC LAW 108–447—DEC. 8, 2004

rate of salary or basic pay payable after the application of this

section shall be treated as the rate of salary or basic pay.

(g) Nothing in this section shall be considered to permit or

require the payment to any employee covered by this section at

a rate in excess of the rate that would be payable were this section

not in effect.

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment

or retention of qualified employees.

SEC. 614. During the period in which the head of any department or agency, or any other officer or civilian employee of the

Government appointed by the President of the United States, holds

office, no funds may be obligated or expended in excess of $5,000

to furnish or redecorate the office of such department head, agency

head, officer, or employee, or to purchase furniture or make

improvements for any such office, unless advance notice of such

furnishing or redecoration is expressly approved by the Committees

on Appropriations. For the purposes of this section, the term ‘‘office’’

shall include the entire suite of offices assigned to the individual,

as well as any other space used primarily by the individual or

the use of which is directly controlled by the individual.

SEC. 615. Notwithstanding section 1346 of title 31, United

States Code, or section 610 of this Act, funds made available for

the current fiscal year by this or any other Act shall be available

for the interagency funding of national security and emergency

preparedness telecommunications initiatives which benefit multiple

Federal departments, agencies, or entities, as provided by Executive

Order No. 12472 (April 3, 1984).

SEC. 616. (a) None of the funds appropriated by this or any

other Act may be obligated or expended by any Federal department,

agency, or other instrumentality for the salaries or expenses of

any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of

the Federal department, agency, or other instrumentality employing

the Schedule C appointee that the Schedule C position was not

created solely or primarily in order to detail the employee to the

White House.

(b) The provisions of this section shall not apply to Federal

employees or members of the armed services detailed to or from—

(1) the Central Intelligence Agency;

(2) the National Security Agency;

(3) the Defense Intelligence Agency;

(4) the offices within the Department of Defense for the

collection of specialized national foreign intelligence through

reconnaissance programs;

(5) the Bureau of Intelligence and Research of the Department of State;

(6) any agency, office, or unit of the Army, Navy, Air

Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and

the Department of Energy performing intelligence functions;

and

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3277

(7) the Director of Central Intelligence.

SEC. 617. No department, agency, or instrumentality of the

United States receiving appropriated funds under this or any other

Act for the current fiscal year shall obligate or expend any such

funds, unless such department, agency, or instrumentality has in

place, and will continue to administer in good faith, a written

policy designed to ensure that all of its workplaces are free from

discrimination and sexual harassment and that all of its workplaces

are not in violation of title VII of the Civil Rights Act of 1964,

as amended, the Age Discrimination in Employment Act of 1967,

and the Rehabilitation Act of 1973.

SEC. 618. No part of any appropriation contained in this or

any other Act shall be available for the payment of the salary

of any officer or employee of the Federal Government, who—

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal

Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee

of the Congress in connection with any matter pertaining to

the employment of such other officer or employee or pertaining

to the department or agency of such other officer or employee

in any way, irrespective of whether such communication or

contact is at the initiative of such other officer or employee

or in response to the request or inquiry of such Member, committee, or subcommittee; or

(2) removes, suspends from duty without pay, demotes,

reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment

right, entitlement, or benefit, or any term or condition of

employment of, any other officer or employee of the Federal

Government, or attempts or threatens to commit any of the

foregoing actions with respect to such other officer or employee,

by reason of any communication or contact of such other officer

or employee with any Member, committee, or subcommittee

of the Congress as described in paragraph (1).

SEC. 619. (a) None of the funds made available in this or

any other Act may be obligated or expended for any employee

training that—

(1) does not meet identified needs for knowledge, skills,

and abilities bearing directly upon the performance of official

duties;

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;

(3) does not require prior employee notification of the content and methods to be used in the training and written end

of course evaluation;

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission

Notice N–915.022, dated September 2, 1988; or

(5) is offensive to, or designed to change, participants’

personal values or lifestyle outside the workplace.

(b) Nothing in this section shall prohibit, restrict, or otherwise

preclude an agency from conducting training bearing directly upon

the performance of official duties.

118 STAT. 3278 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 620. No funds appropriated in this or any other Act

may be used to implement or enforce the agreements in Standard

Forms 312 and 4414 of the Government or any other nondisclosure

policy, form, or agreement if such policy, form, or agreement does

not contain the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter

the employee obligations, rights, or liabilities created by Executive

Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United

States Code, as amended by the Military Whistleblower Protection

Act (governing disclosure to Congress by members of the military);

section 2302(b)(8) of title 5, United States Code, as amended by

the Whistleblower Protection Act (governing disclosures of illegality,

waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.)

(governing disclosures that could expose confidential Government

agents); and the statutes which protect against disclosure that

may compromise the national security, including sections 641, 793,

794, 798, and 952 of title 18, United States Code, and section

4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)).

The definitions, requirements, obligations, rights, sanctions, and

liabilities created by said Executive order and listed statutes are

incorporated into this agreement and are controlling.’’: Provided,

That notwithstanding the preceding paragraph, a nondisclosure

policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related

activity, other than an employee or officer of the United States

Government, may contain provisions appropriate to the particular

activity for which such document is to be used. Such form or

agreement shall, at a minimum, require that the person will not

disclose any classified information received in the course of such

activity unless specifically authorized to do so by the United States

Government. Such nondisclosure forms shall also make it clear

that they do not bar disclosures to Congress or to an authorized

official of an executive agency or the Department of Justice that

are essential to reporting a substantial violation of law.

SEC. 621. No part of any funds appropriated in this or any

other Act shall be used by an agency of the executive branch,

other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,

distribution or use of any kit, pamphlet, booklet, publication, radio,

television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the

Congress itself.

SEC. 622. None of the funds appropriated by this or any other

Act may be used by an agency to provide a Federal employee’s

home address to any labor organization except when the employee

has authorized such disclosure or when such disclosure has been

ordered by a court of competent jurisdiction.

SEC. 623. None of the funds made available in this Act or

any other Act may be used to provide any non-public information

such as mailing or telephone lists to any person or any organization

outside of the Federal Government without the approval of the

Committees on Appropriations.

SEC. 624. No part of any appropriation contained in this or

any other Act shall be used for publicity or propaganda purposes

within the United States not heretofor authorized by the Congress.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3279

SEC. 625. (a) In this section the term ‘‘agency’’—

(1) means an Executive agency as defined under section

105 of title 5, United States Code;

(2) includes a military department as defined under section

102 of such title, the Postal Service, and the Postal Rate

Commission; and

(3) shall not include the Government Accountability Office.

(b) Unless authorized in accordance with law or regulations

to use such time for other purposes, an employee of an agency

shall use official time in an honest effort to perform official duties.

An employee not under a leave system, including a Presidential

appointee exempted under section 6301(2) of title 5, United States

Code, has an obligation to expend an honest effort and a reasonable

proportion of such employee’s time in the performance of official

duties.

SEC. 626. Notwithstanding 31 U.S.C. 1346 and section 610

of this Act, funds made available for the current fiscal year by

this or any other Act to any department or agency, which is a

member of the Joint Financial Management Improvement Program

(JFMIP), shall be available to finance an appropriate share of

JFMIP administrative costs, as determined by the JFMIP, but

not to exceed a total of $800,000 including the salary of the Executive Director and staff support.

SEC. 627. Notwithstanding 31 U.S.C. 1346 and section 610

of this Act, the head of each Executive department and agency

is hereby authorized to transfer to or reimburse ‘‘General Services

Administration, Government-wide Policy’’ with the approval of the

Director of the Office of Management and Budget, funds made

available for the current fiscal year by this or any other Act,

including rebates from charge card and other contracts: Provided,

That these funds shall be administered by the Administrator of

General Services to support Government-wide financial, information

technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office

of Management and Budget, in consultation with the appropriate

interagency groups designated by the Director (including the Chief

Financial Officers Council and the Joint Financial Management

Improvement Program for financial management initiatives, the

Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital

initiatives, and the Federal Acquisition Council for procurement

initiatives). The total funds transferred or reimbursed shall not

exceed $17,000,000. Such transfers or reimbursements may only

be made 15 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget.

SEC. 628. None of the funds made available in this or any

other Act may be used by the Office of Personnel Management

or any other department or agency of the Federal Government

to prohibit any agency from using appropriated funds as they see

fit to independently contract with private companies to provide

online employment applications and processing services.

SEC. 629. Notwithstanding any other provision of law, a woman

may breastfeed her child at any location in a Federal building

or on Federal property, if the woman and her child are otherwise

authorized to be present at the location.

SEC. 630. Nothwithstanding section 1346 of title 31, United

States Code, or section 610 of this Act, funds made available for

118 STAT. 3280 PUBLIC LAW 108–447—DEC. 8, 2004

the current fiscal year by this or any other Act shall be available

for the interagency funding of specific projects, workshops, studies,

and similar efforts to carry out the purposes of the National Science

and Technology Council (authorized by Executive Order No. 12881),

which benefit multiple Federal departments, agencies, or entities:

Provided, That the Office of Management and Budget shall provide

a report describing the budget of and resources connected with

the National Science and Technology Council to the Committees

on Appropriations, the House Committee on Science; and the Senate

Committee on Commerce, Science, and Transportation 90 days after

enactment of this Act.

SEC. 631. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving

the distribution of Federal funds shall indicate the agency providing

the funds, the Catalog of Federal Domestic Assistance Number,

as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants

received by a State receiving Federal funds.

SEC. 632. Subsection (f) of section 403 of Public Law 103–

356 (31 U.S.C. 501 note), as amended, is further amended by

striking ‘‘October 1, 2004’’ and inserting ‘‘October 1, 2005’’.

SEC. 633. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF INDIVIDUALS’ INTERNET USE.—None of the funds made available

in this or any other Act may be used by any Federal agency—

(1) to collect, review, or create any aggregation of data,

derived from any means, that includes any personally identifiable information relating to an individual’s access to or use

of any Federal Government Internet site of the agency; or

(2) to enter into any agreement with a third party

(including another government agency) to collect, review, or

obtain any aggregation of data, derived from any means, that

includes any personally identifiable information relating to an

individual’s access to or use of any nongovernmental Internet

site.

(b) EXCEPTIONS.—The limitations established in subsection (a)

shall not apply to—

(1) any record of aggregate data that does not identify

particular persons;

(2) any voluntary submission of personally identifiable

information;

(3) any action taken for law enforcement, regulatory, or

supervisory purposes, in accordance with applicable law; or

(4) any action described in subsection (a)(1) that is a system

security action taken by the operator of an Internet site and

is necessarily incident to the rendition of the Internet site

services or to the protection of the rights or property of the

provider of the Internet site.

(c) DEFINITIONS.—For the purposes of this section:

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.

(2) The term ‘‘supervisory’’ means examinations of the

agency’s supervised institutions, including assessing safety and

soundness, overall financial condition, management practices

and policies and compliance with applicable standards as provided in law.

SEC. 634. (a) None of the funds appropriated by this Act may

be used to enter into or renew a contract which includes a provision

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3281

providing prescription drug coverage, except where the contract

also includes a provision for contraceptive coverage.

(b) Nothing in this section shall apply to a contract with—

(1) any of the following religious plans:

(A) Personal Care’s HMO; and

(B) OSF Health Plans, Inc.; and

(2) any existing or future plan, if the carrier for the plan

objects to such coverage on the basis of religious beliefs.

(c) In implementing this section, any plan that enters into

or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses

to prescribe or otherwise provide for contraceptives because such

activities would be contrary to the individual’s religious beliefs

or moral convictions.

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.

SEC. 635. The Congress of the United States recognizes the

United States Anti-Doping Agency (USADA) as the official antidoping agency for Olympic, Pan American, and Paralympic sport

in the United States.

SEC. 636. Notwithstanding any other provision of law, funds

appropriated for official travel by Federal departments and agencies

may be used by such departments and agencies, if consistent with

Office of Management and Budget Circular A–126 regarding official

travel for Government personnel, to participate in the fractional

aircraft ownership pilot program.

SEC. 637. None of the funds made available under this or

any other Act for fiscal year 2005 and each fiscal year thereafter

shall be expended for the purchase of a product or service offered

by Federal Prison Industries, Inc., unless the agency making such

purchase determines that such offered product or service provides

the best value to the buying agency pursuant to governmentwide

procurement regulations, issued pursuant to section 25(c)(1) of the

Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose

procedures, standards, and limitations of section 2410n of title

10, United States Code.

SEC. 638. Notwithstanding any other provision of law, none

of the funds appropriated or made available under this Act or

any other appropriations Act may be used to implement or enforce

restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the

Office of Personnel Management to add sections 300.311 through

300.316 to part 300 of title 5 of the Code of Federal Regulations,

published in the Federal Register, volume 68, number 174, on

September 9, 2003 (relating to the detail of executive branch

employees to the legislative branch).

SEC. 639. Each Executive department and agency shall evaluate

the creditworthiness of an individual before issuing the individual

a government purchase charge card or government travel charge

card. The department or agency may not issue a government purchase charge card or government travel charge card to an individual

that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided, That

this restriction shall not preclude issuance of a restricted-use

charge, debit, or stored value card made in accordance with agency

procedures to: (1) an individual with an unsatisfactory credit history

where such card is used to pay travel expenses and the agency

5 USC 5701 note.

18 USC 4124

note.

Sports.

Drugs and drug

abuse.

118 STAT. 3282 PUBLIC LAW 108–447—DEC. 8, 2004

determines there is no suitable alternative payment mechanism

available before issuing the card; or (2) an individual who lacks

a credit history. Each Executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken

against agency personnel for improper, fraudulent, or abusive use

of government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at

establishments, that are inconsistent with the official business of

the Department or agency or with applicable standards of conduct.

SEC. 640. (a) The adjustment in rates of basic pay for employees

under the statutory pay systems that takes effect in fiscal year

2005 under sections 5303 and 5304 of title 5, United States Code,

shall be an increase of 3.5 percent, and this adjustment shall

apply to civilian employees in the Department of Defense and

the Department of Homeland Security and such adjustments shall

be effective as of the first day of the first applicable pay period

beginning on or after January 1, 2005.

(b) Notwithstanding section 613 of this Act, the adjustment

in rates of basic pay for the statutory pay systems that take place

in fiscal year 2005 under sections 5344 and 5348 of title 5, United

States Code, shall be no less than the percentage in paragraph

(a) as employees in the same location whose rates of basic pay

are adjusted pursuant to the statutory pay systems under section

5303 and 5304 of title 5, United States Code. Prevailing rate

employees at locations where there are no employees whose pay

is increased pursuant to sections 5303 and 5304 of title 5 and

prevailing rate employees described in section 5343(a)(5) of title

5 shall be considered to be located in the pay locality designated

as ‘‘Rest of US’’ pursuant to section 5304 of title 5 for purposes

of this paragraph.

(c) Funds used to carry out this section shall be paid from

appropriations, which are made to each applicable department or

agency for salaries and expenses for fiscal year 2005.

SEC. 641. (a) Not later than 180 days after the end of the

fiscal year, the head of each Federal agency shall submit a report

to Congress on the amount of the acquisitions made by the agency

from entities that manufacture the articles, materials, or supplies

outside of the United States in that fiscal year.

(b) The report required by subsection (a) shall separately

indicate—

(1) the dollar value of any articles, materials, or supplies

purchased that were manufactured outside of the United States;

(2) an itemized list of all waivers granted with respect

to such articles, materials, or supplies under the Buy American

Act (41 U.S.C. 10a et seq.); and

(3) a summary of the total procurement funds spent on

goods manufactured in the United States versus funds spent

on goods manufactured outside of the United States.

(c) The head of each Federal agency submitting a report under

subsection (a) shall make the report publicly available to the maximum extent practicable.

(d) This section shall not apply to acquisitions made by an

agency, or component thereof, that is an element of the intelligence

community as set forth in or designated under section 3(4) of

the National Security Act of 1947 (50 U.S.C. 401a(4)).

Public

information.

Deadline.

Reports.

Effective date.

5 USC 5303 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3283

SEC. 642. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations,

to be used for the purpose of conducting Federal law enforcement

training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center

is authorized to obtain the temporary use of additional facilities

by lease, contract, or other agreement for training which cannot

be accommodated in existing Center facilities.

SEC. 643. Section 653(j) of title 42, United States Code, is

amended by adding at the end the following new paragraph:

‘‘(7) INFORMATION COMPARISONS AND DISCLOSURE TO ASSIST

IN FEDERAL DEBT COLLECTION.— ‘‘(A) FURNISHING OF INFORMATION BY THE SECRETARY

OF THE TREASURY.—The Secretary of the Treasury shall

furnish to the Secretary, on such periodic basis as determined by the Secretary of the Treasury in consultation

with the Secretary, information in the custody of the Secretary of the Treasury for comparison with information

in the National Directory of New Hires, in order to obtain

information in such Directory with respect to persons—

‘‘(i) who owe delinquent nontax debt to the United

States; and

‘‘(ii) whose debt has been referred to the Secretary

of the Treasury in accordance with 31 U.S.C. 3711(g).

‘‘(B) REQUIREMENT TO SEEK MINIMUM INFORMATION.—

The Secretary of the Treasury shall seek information pursuant to this section only to the extent necessary to improve

collection of the debt described in subparagraph (A).

‘‘(C) DUTIES OF THE SECRETARY.—

‘‘(i) INFORMATION DISCLOSURE.—The Secretary, in

cooperation with the Secretary of the Treasury, shall

compare information in the National Directory of New

Hires with information provided by the Secretary of

the Treasury with respect to persons described in

subparagraph (A) and shall disclose information in

such Directory regarding such persons to the Secretary

of the Treasury in accordance with this paragraph,

for the purposes specified in this paragraph. Such

comparison of information shall not be considered a

matching program as defined in 5 U.S.C. 552a.

‘‘(ii) CONDITION ON DISCLOSURE.—The Secretary

shall make disclosures in accordance with clause (i)

only to the extent that the Secretary determines that

such disclosures do not interfere with the effective

operation of the program under this part. Support

collection under section 466(b) of this title shall be

given priority over collection of any delinquent Federal

nontax debt against the same income.

‘‘(D) USE OF INFORMATION BY THE SECRETARY OF THE

TREASURY.—The Secretary of the Treasury may use

information provided under this paragraph only for purposes of collecting the debt described in subparagraph (A).

‘‘(E) DISCLOSURE OF INFORMATION BY THE SECRETARY

OF THE TREASURY.— ‘‘(i) PURPOSE OF DISCLOSURE.—The Secretary of

the Treasury may make a disclosure under this

118 STAT. 3284 PUBLIC LAW 108–447—DEC. 8, 2004

subparagraph only for purposes of collecting the debt

described in subparagraph (A).

‘‘(ii) DISCLOSURES PERMITTED.—Subject to clauses

(iii) and (iv), the Secretary of the Treasury may disclose

information resulting from a data match pursuant to

this paragraph only to the Attorney General in connection with collecting the debt described in subparagraph

(A).

‘‘(iii) CONDITIONS ON DISCLOSURE.—Disclosures

under this subparagraph shall be—

‘‘(I) made in accordance with data security

and control policies established by the Secretary

of the Treasury and approved by the Secretary;

‘‘(II) subject to audit in a manner satisfactory

to the Secretary; and

‘‘(III) subject to the sanctions under subsection

(l)(2).

‘‘(iv) ADDITIONAL DISCLOSURES.—

‘‘(I) DETERMINATION BY SECRETARIES.—The

Secretary of the Treasury and the Secretary shall

determine whether to permit disclosure of information under this paragraph to persons or entities

described in subclause (II), based on an evaluation

made by the Secretary of the Treasury (in consultation with and approved by the Secretary), of the

costs and benefits of such disclosures and the adequacy of measures used to safeguard the security

and confidentiality of information so disclosed.

‘‘(II) PERMITTED PERSONS OR ENTITIES.—If the

Secretary of the Treasury and the Secretary determine pursuant to subclause (I) that disclosures

to additional persons or entities shall be permitted,

information under this paragraph may be disclosed

by the Secretary of the Treasury, in connection

with collecting the debt described in subparagraph

(A), to a contractor or agent of either Secretary

and to the Federal agency that referred such debt

to the Secretary of the Treasury for collection,

subject to the conditions in clause (iii) and such

additional conditions as agreed to by the Secretaries.

‘‘(v) RESTRICTIONS ON REDISCLOSURE.—A person or

entity to which information is disclosed under this

subparagraph may use or disclose such information

only as needed for collecting the debt described in

subparagraph (A), subject to the conditions in clause

(iii) and such additional conditions as agreed to by

the Secretaries.

‘‘(F) REIMBURSEMENT OF HHS COSTS.—The Secretary

of the Treasury shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the

Secretary in furnishing the information requested under

this paragraph. Any such costs paid by the Secretary of

the Treasury shall be considered costs of implementing

31 U.S.C. 3711(g) in accordance with 31 U.S.C. 3711(g)(6)

and may be paid from the account established pursuant

to 31 U.S.C. 3711(g)(7).’’.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3285

SEC. 644. Notwithstanding section 1346 of title 31, United

States Code, and section 610 of this Act and any other provision

of law, the head of each appropriate executive department and

agency shall transfer to or reimburse the Federal Aviation Administration, upon the direction of the Director of the Office of Management and Budget, funds made available by this or any other Act

for the purposes described below, and shall submit budget requests

for such purposes. These funds shall be administered by the Federal

Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to

ensure the uninterrupted, continuous operation of the Midway Atoll

Airfield by the Federal Aviation Administration pursuant to an

operational agreement with the Department of the Interior for

the entirety of fiscal year 2005 and any period thereafter that

precedes the enactment of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2006. The Director of the

Office of Management and Budget shall mandate the necessary

transfers after determining an equitable allocation between the

appropriate executive departments and agencies of the responsibility for funding the continuous operation of the Midway Atoll

Airfield based on, but not limited to, potential use, interest in

maintaining aviation safety, and applicability to governmental operations and agency mission. The total funds transferred or

reimbursed shall not exceed $6,000,000 for any twelve-month

period. Such sums shall be sufficient to ensure continued operation

of the airfield throughout the period cited above. Funds shall be

available for operation of the airfield or airfield-related capital

upgrades. The Director of the Office of Management and Budget

shall notify the Committees on Appropriations of such transfers

or reimbursements within 15 days of this Act. Such transfers or

reimbursements shall begin within 30 days of enactment of this

Act.

SEC. 645. (a) DESIGNATION.—The United States Courthouse

located at 95 Seventh Street in San Francisco, California, shall

be known and designated as the ‘‘James R. Browning United States

Courthouse’’.

(b) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the courthouse referred to in subsection (a) shall be deemed to be a reference

to the ‘‘James R. Browning United States Courthouse’’.

DIVISION I—DEPARTMENTS OF VETERANS AFFAIRS AND

HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005

TITLE I—DEPARTMENT OF VETERANS AFFAIRS

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of

veterans and a pilot program for disability examinations as authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and

61); pension benefits to or on behalf of veterans as authorized

by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508);

Departments of

Veterans Affairs

and Housing and

Urban

Development,

and Independent

Agencies

Appropriations

Act, 2005.

Deadline.

Notification.

Deadline.

118 STAT. 3286 PUBLIC LAW 108–447—DEC. 8, 2004

and burial benefits, emergency and other officers’ retirement pay,

adjusted-service credits and certificates, payment of premiums due

on commercial life insurance policies guaranteed under the provisions of article IV of the Soldiers’ and Sailors’ Civil Relief Act

of 1940 (50 U.S.C. App. 540 et seq.) and for other benefits as

authorized by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters

23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122,

123; 45 Stat. 735; 76 Stat. 1198), $32,607,688,000, to remain available until expended: Provided, That not to exceed $20,703,000 of

the amount appropriated under this heading shall be reimbursed

to ‘‘General operating expenses’’ and ‘‘Medical services’’ for necessary expenses in implementing those provisions authorized in

the Omnibus Budget Reconciliation Act of 1990, and in the Veterans’

Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the

funding source for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums

as may be earned on an actual qualifying patient basis, shall

be reimbursed to ‘‘Medical facilities revolving fund’’ to augment

the funding of individual medical facilities for nursing home care

provided to pensioners as authorized.

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits

to or on behalf of veterans as authorized by law (38 U.S.C. chapters

21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,556,232,000,

to remain available until expended: Provided, That expenses for

rehabilitation program services and assistance which the Secretary

is authorized to provide under section 3104(a) of title 38, United

States Code, other than under subsection (a)(1), (2), (5), and (11)

of that section, shall be charged to this account.

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,

and veterans mortgage life insurance as authorized by 38 U.S.C.

chapter 19; 70 Stat. 887; 72 Stat. 487, $44,380,000, to remain

available until expended.

VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct and guaranteed loans, such sums as

may be necessary to carry out the program, as authorized by 38

U.S.C. chapter 37, as amended: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974, as amended: Provided

further, That during fiscal year 2005, within the resources available,

not to exceed $500,000 in gross obligations for direct loans are

authorized for specially adapted housing loans.

In addition, for administrative expenses to carry out the direct

and guaranteed loan programs, $154,075,000, which may be transferred to and merged with the appropriation for ‘‘General operating

expenses’’.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3287

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $47,000, as authorized by 38

U.S.C. chapter 31, as amended: Provided, That such costs, including

the cost of modifying such loans, shall be as defined in section

502 of the Congressional Budget Act of 1974, as amended: Provided

further, That funds made available under this heading are available

to subsidize gross obligations for the principal amount of direct

loans not to exceed $4,108,000.

In addition, for administrative expenses necessary to carry

out the direct loan program, $311,000, which may be transferred

to and merged with the appropriation for ‘‘General operating

expenses’’.

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as

amended, $571,000, which may be transferred to and merged with

the appropriation for ‘‘General operating expenses’’: Provided, That

no new loans in excess of $50,000,000 may be made in fiscal

year 2005.

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed

transitional housing loan program authorized by 38 U.S.C. chapter

37, subchapter VI, not to exceed $750,000 of the amounts appropriated by this Act for ‘‘General operating expenses’’ and ‘‘Medical

administration’’ may be expended.

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for furnishing, as authorized by law,

inpatient and outpatient care and treatment to beneficiaries of

the Department of Veterans Affairs and veterans described in paragraphs (1) through (8) of section 1705(a) of title 38, United States

Code, including care and treatment in facilities not under the

jurisdiction of the department and including medical supplies and

equipment and salaries and expenses of health-care employees hired

under title 38, United States Code, and aid to State homes as

authorized by section 1741 of title 38, United States Code;

$19,472,777,000, plus reimbursements: Provided, That of the funds

made available under this heading, not to exceed $1,100,000,000

shall be available until September 30, 2006: Provided further, That,

notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for treatment for veterans

who are service-connected disabled, lower income, or have special

needs: Provided further, That, notwithstanding any other provision

of law, the Secretary of Veterans Affairs shall give priority funding

118 STAT. 3288 PUBLIC LAW 108–447—DEC. 8, 2004

for the provision of basic medical benefits to veterans in enrollment

priority groups 1 through 6: Provided further, That of the funds

made available under this heading, the Secretary may transfer

up to $400,000,000, to remain available until expended, to

‘‘Construction, major projects’’ for purposes of implementing CARES

subject to a determination by the Secretary that such funds will

improve access and quality of veteran’s health care needs: Provided

further, That, during the fiscal year ending September 30, 2005,

the Secretary may transfer not more than $125,000,000 of the

unobligated balances in this account and amounts made available

under this heading to ‘‘General operating expenses’’ for costs associated with processing claims where the basis of the entitlement

is claimed disability incurred as a result of a veteran’s service,

subject to a determination by the Secretary of Veterans Affairs

that such additional funds are necessary: Provided further, That,

notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs

from Veterans Health Administration facilities to enrolled veterans

with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation

of the program described in the previous proviso shall incur no

additional cost to the Department of Veterans Affairs: Provided

further, That for the DOD VA Health Care Sharing Incentive Fund,

as authorized by section 721 of Public Law 107–314, a minimum

of $15,000,000, to remain available until expended, for any purpose

authorized by 38 U.S.C. 8111.

MEDICAL ADMINISTRATION

For necessary expenses in the administration of the medical,

hospital, nursing home, domiciliary, construction, supply, and

research activities, as authorized by law; administrative expenses

in support of capital policy activities; information technology hardware and software; uniforms or allowances therefor, as authorized

by sections 5901–5902 of title 5, United States Code; and administrative and legal expenses of the department for collecting and

recovering amounts owed the department as authorized under

chapter 17 of title 38, United States Code, and the Federal Medical

Care Recovery Act (42 U.S.C. 2651 et seq.); $4,705,000,000, of

which $250,000,000 shall be available until September 30, 2006,

plus reimbursements.

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of

hospitals, nursing homes, and domiciliary facilities and other necessary facilities for the Veterans Health Administration; for

administrative expenses in support of planning, design, project

management, real property acquisition and disposition, construction

and renovation of any facility under the jurisdiction or for the

use of the department; for oversight, engineering and architectural

activities not charged to project costs; for repairing, altering,

improving or providing facilities in the several hospitals and homes

under the jurisdiction of the department, not otherwise provided

for, either by contract or by the hire of temporary employees and

purchase of materials; for leases of facilities; and for laundry and

food services, $3,745,000,000, of which $250,000,000 shall be available until September 30, 2006.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3289

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical

and prosthetic research and development as authorized by chapter

73 of title 38, United States Code, to remain available until September 30, 2006, $405,593,000, plus reimbursements.

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative

expenses in support of department-wide capital planning, management and policy activities, uniforms or allowances therefor; not

to exceed $25,000 for official reception and representation expenses;

hire of passenger motor vehicles; and reimbursement of the General

Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail,

$1,324,753,000: Provided, That expenses for services and assistance

authorized under 38 U.S.C. 3104(a)(1), (2), (5), and (11) that the

Secretary determines are necessary to enable entitled veterans:

(1) to the maximum extent feasible, to become employable and

to obtain and maintain suitable employment; or (2) to achieve

maximum independence in daily living, shall be charged to this

account: Provided further, That the Veterans Benefits Administration shall be funded at not less than $1,027,193,000: Provided

further, That of the funds made available under this heading,

not to exceed $66,000,000 shall be available for obligation until

September 30, 2006: Provided further, That from the funds made

available under this heading, the Veterans Benefits Administration

may purchase up to two passenger motor vehicles for use in operations of that Administration in Manila, Philippines.

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,

including uniforms or allowances therefor; cemeterial expenses as

authorized by law; purchase of one passenger motor vehicle for

use in cemeterial operations; and hire of passenger motor vehicles,

$148,925,000: Provided, That of the funds made available under

this heading, not to exceed $7,400,000 shall be available until

September 30, 2006.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $69,711,000, to remain available until September 30,

2006.

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the

facilities including parking projects under the jurisdiction or for

the use of the Department of Veterans Affairs, or for any of the

purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,

8108, 8109, 8110, and 8122 of title 38, United States Code, including

118 STAT. 3290 PUBLIC LAW 108–447—DEC. 8, 2004

planning, architectural and engineering services, maintenance or

guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite

utility and storm drainage system construction costs, and site

acquisition, where the estimated cost of a project is more than

the amount set forth in 38 U.S.C. 8104(a)(3)(A) or where funds

for a project were made available in a previous major project appropriation, $458,800,000, to remain available until expended, of which

$370,709,000 shall be for Capital Asset Realignment for Enhanced

Services (CARES) activities; and of which $8,091,000 shall be to

make reimbursements as provided in 41 U.S.C. 612 for claims

paid for contract disputes: Provided, That except for advance planning activities, including needs assessments which may or may

not lead to capital investments, and other capital asset management

related activities, such as portfolio development and management

activities, and investment strategy studies funded through the

advance planning fund and the planning and design activities

funded through the design fund and CARES funds, including needs

assessments which may or may not lead to capital investments,

none of the funds appropriated under this heading shall be used

for any project which has not been approved by the Congress

in the budgetary process: Provided further, That funds provided

in this appropriation for fiscal year 2005, for each approved project

(except those for CARES activities referenced above) shall be obligated: (1) by the awarding of a construction documents contract

by September 30, 2005; and (2) by the awarding of a construction

contract by September 30, 2006: Provided further, That the Secretary of Veterans Affairs shall promptly report in writing to the

Committees on Appropriations any approved major construction

project in which obligations are not incurred within the time limitations established above.

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of

the facilities including parking projects under the jurisdiction or

for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees

provided under the project, services of claims analysts, offsite utility

and storm drainage system construction costs, and site acquisition,

or for any of the purposes set forth in sections 316, 2404, 2406,

8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,

United States Code, where the estimated cost of a project is equal

to or less than the amount set forth in 38 U.S.C. 8104(a)(3)(A),

$230,779,000, to remain available until expended, along with unobligated balances of previous ‘‘Construction, minor projects’’ appropriations which are hereby made available for any project where the

estimated cost is equal to or less than the amount set forth in

38 U.S.C. 8104(a)(3)(A), of which $182,100,000 shall be for Capital

Asset Realignment for Enhanced Services (CARES) activities: Provided, That from amounts appropriated under this heading, additional amounts may be used for CARES activities upon notification

of and approval by the Committees on Appropriations: Provided

further, That funds in this account shall be available for: (1) repairs

to any of the nonmedical facilities under the jurisdiction or for

the use of the department which are necessary because of loss

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3291

or damage caused by any natural disaster or catastrophe; and

(2) temporary measures necessary to prevent or to minimize further

loss by such causes.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing

home and domiciliary facilities and to remodel, modify or alter

existing hospital, nursing home and domiciliary facilities in State

homes, for furnishing care to veterans as authorized by 38 U.S.C.

8131–8137, $105,163,000, to remain available until expended.

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or

improving State veterans cemeteries as authorized by 38 U.S.C.

2408, $32,000,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

SEC. 101. Any appropriation for fiscal year 2005 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred to any other of the

mentioned appropriations.

SEC. 102. Appropriations available to the Department of Veterans Affairs for fiscal year 2005 for salaries and expenses shall

be available for services authorized by 5 U.S.C. 3109 hire of passenger motor vehicles; lease of a facility or land or both; and

uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–

5902.

SEC. 103. No appropriations in this Act for the Department

of Veterans Affairs (except the appropriations for ‘‘Construction,

major projects’’, ‘‘Construction, minor projects’’, and the ‘‘Parking

revolving fund’’) shall be available for the purchase of any site

for or toward the construction of any new hospital or home.

SEC. 104. No appropriations in this Act for the Department

of Veterans Affairs shall be available for hospitalization or examination of any persons (except beneficiaries entitled under the laws

bestowing such benefits to veterans, and persons receiving such

treatment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204),

unless reimbursement of cost is made to the ‘‘Medical services’’

account at such rates as may be fixed by the Secretary of Veterans

Affairs.

SEC. 105. Appropriations available to the Department of Veterans Affairs for fiscal year 2005 for ‘‘Compensation and pensions’’,

‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’

shall be available for payment of prior year accrued obligations

required to be recorded by law against the corresponding prior

year accounts within the last quarter of fiscal year 2004.

SEC. 106. Appropriations accounts available to the Department

of Veterans Affairs for fiscal year 2005 shall be available to pay

prior year obligations of corresponding prior year appropriations

accounts resulting from title X of the Competitive Equality Banking

Act, Public Law 100–86, except that if such obligations are from

trust fund accounts they shall be payable from ‘‘Compensation

and pensions’’.

118 STAT. 3292 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 107. Notwithstanding any other provision of law, during

fiscal year 2005, the Secretary of Veterans Affairs shall, from the

National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United

States Government Life Insurance Fund (38 U.S.C. 1955), reimburse

the ‘‘General operating expenses’’ account for the cost of administration of the insurance programs financed through those accounts:

Provided, That reimbursement shall be made only from the surplus

earnings accumulated in an insurance program in fiscal year 2005

that are available for dividends in that program after claims have

been paid and actuarially determined reserves have been set aside:

Provided further, That if the cost of administration of an insurance

program exceeds the amount of surplus earnings accumulated in

that program, reimbursement shall be made only to the extent

of such surplus earnings: Provided further, That the Secretary

shall determine the cost of administration for fiscal year 2005

which is properly allocable to the provision of each insurance program and to the provision of any total disability income insurance

included in such insurance program.

SEC. 108. Notwithstanding any other provision of law, the

Department of Veterans Affairs shall continue the Franchise Fund

pilot program authorized to be established by section 403 of Public

Law 103–356 until October 1, 2005: Provided, That the Franchise

Fund, established by title I of Public Law 104–204 to finance

the operations of the Franchise Fund pilot program, shall continue

until October 1, 2005.

SEC. 109. Amounts deducted from enhanced-use lease proceeds

to reimburse an account for expenses incurred by that account

during a prior fiscal year for providing enhanced-use lease services,

may be obligated during the fiscal year in which the proceeds

are received.

SEC. 110. Funds available in any Department of Veterans

Affairs appropriation for fiscal year 2005 or funds for salaries

and other administrative expenses shall also be available to

reimburse the Office of Resolution Management and the Office

of Employment Discrimination Complaint Adjudication for all services provided at rates which will recover actual costs but not exceed

$29,318,000 for the Office of Resolution Management and

$3,059,000 for the Office of Employment and Discrimination Complaint Adjudication: Provided, That payments may be made in

advance for services to be furnished based on estimated costs:

Provided further, That amounts received shall be credited to ‘‘General operating expenses’’ for use by the office that provided the

service.

SEC. 111. No appropriations in this Act for the Department

of Veterans Affairs shall be available to enter into any new lease

of real property if the estimated annual rental is more than

$300,000 unless the Secretary submits a report which the Committees on Appropriations of the Congress approve within 30 days

following the date on which the report is received.

SEC. 112. No funds of the Department of Veterans Affairs

shall be available for hospital care, nursing home care, or medical

services provided to any person under chapter 17 of title 38, United

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to

the Secretary of Veterans Affairs, in such form as the Secretary

Reports.

Deadline.

31 USC 501 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3293

may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That

the Secretary may recover, in the same manner as any other debt

due the United States, the reasonable charges for such care or

services from any person who does not make such disclosure as

required: Provided further, That any amounts so recovered for care

or services provided in a prior fiscal year may be obligated by

the Secretary during the fiscal year in which amounts are received.

SEC. 113. Of the amounts provided in this Act, $25,000,000

shall be for information technology initiatives to support the enterprise architecture of the Department of Veterans Affairs.

SEC. 114. None of the funds made available to the Department

in this Act, or any other Act, may be used to implement sections

2 and 5 of Public Law 107–287.

SEC. 115. (a) Hereafter receipts that would otherwise be credited to the accounts listed in subsection (c) shall be deposited

into the Medical Care Collections Fund, and shall be transferred

to and merged with the ‘‘Medical services’’ account, in fiscal year

2005 and subsequent years, to remain available until expended,

to carry out the purposes of the ‘‘Medical services’’ account.

(b) The unobligated balances in the accounts listed in subsection

(c), shall be transferred to and merged with the ‘‘Medical services’’

account in fiscal year 2005 and subsequent years, and remain

available until expended, to carry out the purposes of the ‘‘Medical

services’’ account: Provided, That the obligated balances in these

accounts may be transferred to the ‘‘Medical services’’ account at

the discretion of the Secretary of Veterans Affairs and shall remain

available until expended.

(c) Veterans Extended Care Revolving Fund; Medical Facilities

Revolving Fund; Special Therapeutic and Rehabilitation Fund;

Nursing Home Revolving Fund; Veterans Health Services Improvement Fund; and Parking Revolving Fund.

SEC. 116. (a) The Secretary of Veterans Affairs shall conduct

by contract a program of recovery audits for the fee basis and

other medical services contracts with respect to payments for hospital care. Notwithstanding section 3302(b) of title 31, United States

Code, amounts collected, by setoff or otherwise, as the result of

such audits shall be available, without fiscal year limitation, for

the purposes for which funds are appropriated under ‘‘Medical

services’’ and the purposes of paying a contractor a percent of

the amount collected as a result of an audit carried out by the

contractor.

(b) All amounts so collected under subsection (a) with respect

to a designated health care region (as that term is defined in

section 1729A(d)(2) of title 38, United States Code) shall be allocated, net of payments to the contractor, to that region.

SEC. 117. Notwithstanding any other provision of law, at the

discretion of the Secretary of Veterans Affairs, proceeds or revenues

derived from enhanced-use leasing activities (including disposal)

that are deposited into the Medical Care Collections Fund may

be transferred and merged with ‘‘Construction, major projects’’ and

‘‘Construction, minor projects’’ accounts and be used for construction

(including site acquisition and disposition), alterations and improvements of any medical facility under the jurisdiction or for the

use of the Department of Veterans Affairs. Such sums as realized

are in addition to the amount provided for in ‘‘Construction, major

projects’’ and ‘‘Construction, minor projects’’.

Contracts.

Health and

health care.

38 USC 1729A

note.

118 STAT. 3294 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 118. Amounts made available under ‘‘Medical services’’

are available—

(1) for furnishing recreational facilities, supplies, and equipment; and

(2) for funeral expenses, burial expenses, and other

expenses incidental to funerals and burials for beneficiaries

receiving care in the department.

SEC. 119. That such sums as may be deposited to the Medical

Care Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to ‘‘Medical services’’, to remain available until expended

for the purposes of this account.

SEC. 120. Amounts made available for fiscal year 2005 under

the ‘‘Medical services’’, ‘‘Medical administration’’, and ‘‘Medical

facilities’’ accounts may be transferred between the accounts to

the extent necessary to implement the restructuring of the Veterans

Health Administration accounts after notice of the amount and

purpose of the transfer is provided to the Committees on Appropriations of the Senate and House of Representatives and a period

of 30 days has elapsed: Provided, That the limitation on transfers

is 20 percent in fiscal year 2005.

SEC. 121. Any appropriation for fiscal year 2005 for the Veterans Benefits Administration made available under the heading

‘‘General operating expenses’’ may be transferred to the ‘‘Veterans

Housing Benefit Program Fund Program Account’’ for the purpose

of providing funds for the nationwide property management contract

if the administrative costs of such contract exceed $8,800,000 in

the budget year.

SEC. 122. The Department of Veterans Affairs is authorized

to expend such sums as are available in the unobligated balances

of the funds originally appropriated to ‘‘Medical Care’’ for emergency

expenses resulting from the January 1994 earthquake in southern

California in Public Law 103–211, Emergency Supplemental Appropriations Act of 1994, for the same purposes of the ‘‘Medical Services’’ account, to remain available until expended.

SEC. 123. Notwithstanding any other provision of law, the

Secretary of Veterans Affairs (Secretary) shall allow veterans

eligible under existing VA Medical Care requirements and who

reside in Alaska to obtain medical care services from medical facilities supported by the Indian Health Services or tribal organizations.

The Secretary shall: (1) limit the application of this provision to

rural Alaskan veterans in areas where an existing VA facility

or VA-contracted service is unavailable; (2) require participating

veterans and facilities to comply with all appropriate rules and

regulations, as established by the Secretary; (3) require this provision to be consistent with CARES; and (4) result in no additional

cost to the Department of Veterans Affairs or the Indian Health

Service.

SEC. 124. Of the funds made available under the heading

‘‘Construction, minor projects’’ in chapter 11 of division B of the

Military Construction Appropriations and Emergency Hurricane

Supplemental Appropriations Act, 2005, Public Law 108–324, the

Secretary of Veterans Affairs may transfer up to $19,800,000 to

the ‘‘Medical Facilities’’ account for non-recurring maintenance

expenses related to hurricane and tropical storm damage.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3295

TITLE II—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For activities and assistance for the provision of tenant-based

rental assistance authorized under the United States Housing Act

of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),

not otherwise provided for, $14,885,000,000, to remain available

until expended, of which $10,685,000,000 shall be available on

October 1, 2004 and $4,200,000,000 shall be available on October

1, 2005: Provided, That the amounts made available under this

heading are provided as follows: (1) $13,462,989,000 for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals

of enhanced vouchers under any provision of law authorizing

such assistance under section 8(t) of the Act): Provided, That

notwithstanding any other provision of law, from amounts provided under this paragraph, the Secretary for the calendar

year 2005 funding cycle shall renew such contracts for each

public housing agency based on verified Voucher Management

System (VMS) leasing and cost data averaged for the months

of May, June, and July of 2004, and by applying the 2005

Annual Adjustment Factor as established by the Secretary,

and by making any necessary adjustments for the costs associated with the first-time renewal of tenant protection or HOPE

VI vouchers: Provided further, That if such data is not available,

verifiable, or complete, the Secretary shall use verified VMS

leasing and cost data averaged for the months of February,

March, and April of 2004, and by applying the 2005 Annual

Adjustment Factor as established by the Secretary, and by

making any necessary adjustments for the costs associated

with the first-time renewal of tenant protection or HOPE VI

vouchers: Provided further, That if such data is not available,

verifiable, or complete, the Secretary shall use leasing and

cost data from the most recent end-of-year financial statements

for public housing agency fiscal years ending no later than

March 31, 2004, and by applying the 2005 Annual Adjustment

Factor as established by the Secretary, and by making any

necessary adjustments for the costs associated with the firsttime renewal of tenant protection or HOPE VI vouchers: Provided further, That the Secretary shall, to the extent necessary

to stay within the amount provided under this paragraph,

pro rate each public housing agency’s allocation otherwise

established pursuant to this paragraph: Provided further, That

the entire amount provided under this paragraph shall be obligated to the public housing agencies based on the allocation

and pro rata method described above: Provided further, That

public housing agencies participating in the Moving to Work

demonstration shall be funded pursuant to their Moving to

Work agreements and shall be subject to the same pro rata

adjustments under the previous proviso: Provided further, That

none of the funds provided in this paragraph may be used

to support a total number of unit months under lease which

118 STAT. 3296 PUBLIC LAW 108–447—DEC. 8, 2004

exceeds a public housing agency’s authorized level of units

under contract; (2) $163,000,000 for section 8 rental assistance for relocation and replacement of housing units that are demolished

or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134),

conversion of section 23 projects to assistance under section

8, the family unification program under section 8(x) of the

Act, relocation of witnesses in connection with efforts to combat

crime in public and assisted housing pursuant to a request

from a law enforcement or prosecution agency, enhanced

vouchers under any provision of law authorizing such assistance

under section 8(t) of the Act, and tenant protection assistance,

including replacement and relocation assistance; (3) $46,000,000 for family self-sufficiency coordinators

under section 23 of the Act; (4) $2,904,000 shall be transferred to the Working Capital

Fund; and (5) $1,210,107,000 for administrative and other expenses

of public housing agencies in administering the section 8 tenantbased rental assistance program, of which up to $25,000,000

shall be available to the Secretary to allocate to public housing

agencies that need additional funds to administer their section

8 programs: Provided, That $1,185,107,000 of the amount provided in this paragraph shall be allocated for the calendar

year 2005 funding cycle on a pro rata basis to public housing

agencies based on the amount public housing agencies were

eligible to receive in calendar year 2004: Provided further,

That all amounts provided under this paragraph shall be only

for activities related to the provision of tenant-based rental

assistance authorized under section 8, including related

development activities.

PROJECT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For activities and assistance for the provision of project-based

subsidy contracts under the United States Housing Act of 1937,

as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), not otherwise

provided for, $5,341,000,000 to remain available until expended:

Provided, That the amounts made available under this heading

are provided as follows:

(1) $5,237,100,000 for expiring or terminating section 8

project-based subsidy contracts (including section 8 moderate

rehabilitation contracts), for amendments to section 8 projectbased subsidy contracts (including section 8 moderate

rehabilitation contracts), for contracts entered into pursuant

to section 441 of the McKinney-Vento Homeless Assistance

Act, for renewal of section 8 contracts for units in projects

that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the

Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses

associated with project-based activities and assistance funded

under this paragraph.

(2) $101,900,000 for performance-based contract administrators for section 8 project-based assistance.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3297

(3) $2,000,000 shall be transferred to the Working Capital

Fund.

PUBLIC HOUSING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

For the Public Housing Capital Fund Program to carry out

capital and management activities for public housing agencies, as

authorized under section 9 of the United States Housing Act of

1937, as amended (42 U.S.C. 1437g) (the ‘‘Act’’) $2,600,000,000,

to remain available until September 30, 2008: Provided, That notwithstanding any other provision of law or regulation, during fiscal

year 2005, the Secretary may not delegate to any Department

official other than the Deputy Secretary and the Assistant Secretary

for Public and Indian Housing any authority under paragraph (2)

of section 9(j) regarding the extension of the time periods under

such section: Provided further, That for purposes of such section

9(j), the term ‘‘obligate’’ means, with respect to amounts, that the

amounts are subject to a binding agreement that will result in

outlays, immediately or in the future: Provided further, That of

the total amount provided under this heading, up to $38,700,000

shall be for carrying out activities under section 9(h) of such Act,

of which $12,500,000 shall be for the provision of remediation

services to public housing agencies identified as ‘‘troubled’’ under

the Section 8 Management Assessment Program and for surveys

used to calculate local Fair Market Rents and assess housing conditions in connection with rental assistance under section 8 of the

Act: Provided further, That $10,150,000 shall be transferred to

the Working Capital Fund: Provided further, That no funds may

be used under this heading for the purposes specified in section

9(k) of the United States Housing Act of 1937, as amended: Provided

further, That of the total amount provided under this heading,

up to $30,000,000 shall be available for the Secretary of Housing

and Urban Development to make grants, notwithstanding section

205 of this Act, to public housing agencies for emergency capital

needs resulting from unforeseen emergencies and natural disasters

occurring in fiscal year 2005: Provided further, That of the total

amount provided under this heading, $53,500,000 shall be for supportive services, service coordinators and congregate services as

authorized by section 34 of the Act and the Native American

Housing Assistance and Self-Determination Act of 1996: Provided

further, That up to $3,000,000 is to support the costs of administrative and judicial receiverships in effect prior to date of enactment

of this Act: Provided further, That of the total amount provided

under this heading, $15,000,000 shall be for Neighborhood Networks

grants for activities authorized in section 9(d)(1)(E) of the United

States Housing Act of 1937, as amended, of which up to $1,000,000

may be used for technical assistance in connection with such grants

as authorized in section 9(h)(8) of such Act: Provided further, That

notwithstanding any other provision of law, amounts made available

in the previous proviso shall be awarded to public housing agencies

on a competitive basis: Provided further, That notwithstanding section 9(d)(1)(E) of the United States Housing Act of 1937, any

Neighborhood Networks computer center established with funding

made available under this heading in this or any other Act, shall

be available for use by residents of public housing and residents

118 STAT. 3298 PUBLIC LAW 108–447—DEC. 8, 2004

of other housing assisted with funding made available under this

title in this Act or any other Act.

PUBLIC HOUSING OPERATING FUND

For 2005 payments to public housing agencies for the operation

and management of public housing, as authorized by section 9(e)

of the United States Housing Act of 1937, as amended (42 U.S.C.

1437g(e)), $2,458,000,000, of which $10,000,000 in bonus funds shall

be provided to public housing agencies that assist program participants in moving away from dependency on housing assistance programs: Provided, That of the total amount provided under this

heading, $8,000,000 shall be for programs, as determined appropriate by the Attorney General, which assist in the investigation,

prosecution, and prevention of violent crimes and drug offenses

in public and federally-assisted low-income housing, including

Indian housing, which shall be administered by the Department

of Justice through a cooperative agreement with the Department

of Housing and Urban Development: Provided further, That any

such 2005 payment shall be provided in an amount sufficient to

cover only the period beginning with the start of a public housing

agency’s fiscal year and ending on December 31, 2005: Provided

further, That for fiscal year 2006 and all fiscal years thereafter,

the Secretary shall provide assistance under this heading to public

housing agencies on a calendar year basis: Provided further, That,

in fiscal year 2005 and all fiscal years hereafter, no amounts under

this heading in any appropriations Act may be used for payments

to public housing agencies for the costs of operation and management of public housing for any year prior to the current year

of such Act: Provided further, That no funds may be used under

this heading for the purposes specified in section 9(k) of the United

States Housing Act of 1937, as amended.

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

For grants to public housing agencies for demolition, site

revitalization, replacement housing, and tenant-based assistance

grants to projects as authorized by section 24 of the United States

Housing Act of 1937, as amended, $144,000,000, to remain available

until September 30, 2006, of which the Secretary may use up

to $4,000,000 for technical assistance and contract expertise, to

be provided directly or indirectly by grants, contracts or cooperative

agreements, including training and cost of necessary travel for

participants in such training, by or to officials and employees of

the department and of public housing agencies and to residents:

Provided, That none of such funds shall be used directly or indirectly

by granting competitive advantage in awards to settle litigation

or pay judgments, unless expressly permitted herein.

NATIVE AMERICAN HOUSING BLOCK GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For the Native American Housing Block Grants program, as

authorized under title I of the Native American Housing Assistance

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111

et seq.), $627,000,000, to remain available until expended, of which

$2,200,000 shall be contracted through the Secretary as technical

42 USC 1437g

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3299

assistance and capacity building to be used by the National American Indian Housing Council in support of the implementation

of NAHASDA; of which $4,500,000 shall be to support the inspection

of Indian housing units, contract expertise, training, and technical

assistance in the training, oversight, and management of Indian

housing and tenant-based assistance, including up to $300,000 for

related travel; and of which $2,600,000 shall be transferred to

the Working Capital Fund: Provided, That of the amount provided

under this heading, $2,000,000 shall be made available for the

cost of guaranteed notes and other obligations, as authorized by

title VI of NAHASDA: Provided further, That such costs, including

the costs of modifying such notes and other obligations, shall be

as defined in section 502 of the Congressional Budget Act of 1974,

as amended: Provided further, That these funds are available to

subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed

$17,926,000: Provided further, That for administrative expenses

to carry out the guaranteed loan program, up to $150,000 from

amounts in the first proviso, which shall be transferred to and

merged with the appropriation for ‘‘Salaries and expenses’’, to be

used only for the administrative costs of these guarantees.

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section

184 of the Housing and Community Development Act of 1992 (12

U.S.C. 1715z–13a), $5,000,000, to remain available until expended:

Provided, That such costs, including the costs of modifying such

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That these funds are

available to subsidize total loan principal, any part of which is

to be guaranteed, not to exceed $145,345,000.

In addition, for administrative expenses to carry out the

guaranteed loan program, up to $250,000 from amounts in the

first paragraph, which shall be transferred to and merged with

the appropriation for ‘‘Salaries and expenses’’, to be used only

for the administrative costs of these guarantees.

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section

184A of the Housing and Community Development Act of 1992

(12 U.S.C. 1715z–13b), $1,000,000, to remain available until

expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That

these funds are available to subsidize total loan principal, any

part of which is to be guaranteed, not to exceed $37,403,000.

In addition, for administrative expenses to carry out the

guaranteed loan program, up to $35,000 from amounts in the first

paragraph, which shall be transferred to and merged with the

appropriation for ‘‘Salaries and expenses’’, to be used only for the

administrative costs of these guarantees.

118 STAT. 3300 PUBLIC LAW 108–447—DEC. 8, 2004

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with

AIDS program, as authorized by the AIDS Housing Opportunity

Act (42 U.S.C. 12901 et seq.), $284,000,000, to remain available

until September 30, 2006: Provided, That the Secretary shall renew

all expiring contracts for permanent supportive housing that were

funded under section 854(c)(3) of such Act that meet all program

requirements before awarding funds for new contracts and activities

authorized under this section: Provided further, That the Secretary may use up to $2,500,000 of the funds under this heading for

training, oversight, and technical assistance activities.

RURAL HOUSING AND ECONOMIC DEVELOPMENT

For the Office of Rural Housing and Economic Development

in the Department of Housing and Urban Development, $24,000,000

to remain available until expended, which amount shall be competitively awarded by September 1, 2005, to Indian tribes, State housing

finance agencies, State community and/or economic development

agencies, local rural nonprofits and community development corporations to support innovative housing and economic development

activities in rural areas.

EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

For grants in connection with a second round of empowerment

zones and enterprise communities, $10,000,000, to remain available

until September 30, 2005, for ‘‘Urban Empowerment Zones’’, as

authorized in section 1391(g) of the Internal Revenue Code of 1986

(26 U.S.C. 1391(g)), including $666,666 for each empowerment zone

for use in conjunction with economic development activities consistent with the strategic plan of each empowerment zone.

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFERS OF FUNDS)

For assistance to units of State and local government, and

to other entities, for economic and community development activities, and for other purposes, $4,709,000,000, to remain available

until September 30, 2007, unless otherwise specified: Provided,

That of the amount provided, $4,150,035,000 is for carrying out

the community development block grant program under title I of

the Housing and Community Development Act of 1974, as amended

(the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That

unless explicitly provided for under this heading (except for planning grants provided in the third paragraph and amounts made

available in the second paragraph), not to exceed 20 percent of

any grant made with funds appropriated under this heading (other

than a grant made available in this paragraph to the Housing

Assistance Council or the National American Indian Housing

Council, or a grant using funds under section 107(b)(3) of the

Act) shall be expended for planning and management development

and administration: Provided further, That $69,000,000 shall be

for grants to Indian tribes notwithstanding section 106(a)(1) of

such Act, of which, notwithstanding any other provision of law

Contracts.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3301

(including section 205 of this Act), up to $4,000,000 may be used

for emergencies that constitute imminent threats to health and

safety; $3,300,000 shall be for a grant to the Housing Assistance

Council; $2,400,000 shall be for a grant to the National American

Indian Housing Council; $4,800,000 shall be available as a grant

to the National Housing Development Corporation, for operating

expenses not to exceed $2,000,000 and for a program of affordable

housing acquisition and rehabilitation; $4,800,000 shall be available

as a grant to the Raza Development Fund of La Raza for the

HOPE Fund, of which $500,000 is for technical assistance and

fund management, and $4,300,000 is for investments in the HOPE

Fund and financing to affiliated organizations; $43,700,000 shall

be for grants pursuant to section 107 of the Act, of which $9,000,000

shall be for the Native Hawaiian block grant authorized under

title VIII of the Native American Housing Assistance and SelfDetermination Act of 1996, to remain available until expended,

of which $500,000 shall be for training and technical assistance;

$3,465,000 shall be transferred to the Working Capital Fund;

$25,000,000 shall be for grants pursuant to the Self Help

Homeownership Opportunity Program; $34,500,000 shall be for

capacity building, of which $30,000,000 shall be for Capacity

Building for Community Development and Affordable Housing for

LISC and the Enterprise Foundation for activities as authorized

by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.

9816 note), as in effect immediately before June 12, 1997, with

not less than $5,000,000 of the funding to be used in rural areas,

including tribal areas, and of which $4,500,000 shall be for capacity

building activities administered by Habitat for Humanity International; $2,000,000 shall be for the Special Olympics National

Games Organizing Committee for planning, equipment, and operational expenses associated with the 2006 games in Ames, Iowa;

$62,000,000 shall be available for YouthBuild program activities

authorized by subtitle D of title IV of the Cranston-Gonzalez

National Affordable Housing Act, as amended, and such activities

shall be an eligible activity with respect to any funds made available

under this heading: Provided, That local YouthBuild programs that

demonstrate an ability to leverage private and nonprofit funding

shall be given a priority for YouthBuild funding: Provided further,

That no more than 10 percent of any grant award under the

YouthBuild program may be used for administrative costs: Provided

further, That of the amount made available for YouthBuild not

less than $9,000,000 is for grants to establish YouthBuild programs

in underserved and rural areas and $2,000,000 is to be made

available for a grant to YouthBuild USA for capacity building

for community development and affordable housing activities as

specified in section 4 of the HUD Demonstration Act of 1993,

as amended.

Of the amount made available under this heading, $42,000,000

shall be available for neighborhood initiatives that are utilized

to improve the conditions of distressed and blighted areas and

neighborhoods, to stimulate investment, economic diversification,

and community revitalization in areas with population outmigration

or a stagnating or declining economic base, or to determine whether

housing benefits can be integrated more effectively with welfare

reform initiatives: Provided, That amounts made available under

this paragraph shall be provided in accordance with the terms

118 STAT. 3302 PUBLIC LAW 108–447—DEC. 8, 2004

and conditions specified in the statement of managers accompanying

this Act.

Of the amount made available under this heading, $262,000,000

shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments

in accordance with the terms and conditions specified in the statement of managers accompanying this Act: Provided, That none

of the funds provided under this paragraph may be used for program

operations.

The referenced statement of the managers under this heading

in Public Law 108–7 is deemed to be amended with respect to

item number 2 with respect to amounts made available for the

City of Boaz, Alabama by striking ‘‘facilities renovation and expansion’’ and inserting ‘‘construction of a new library’’.

The referenced statement of the managers under this heading

in Public Law 108–7 is deemed to be amended with respect to

item number 740 by striking ‘‘facilities renovation and construction’’

and inserting ‘‘an economic development planning study’’.

The referenced statement of the managers under this heading

in Public Law 108–7 is deemed to be amended with respect to

item number 254 by striking ‘‘Greater Community Council in Louisville, Kentucky for construction of a facility for low-income, disabled

persons’’ and inserting ‘‘Portland Promise, Inc., in Louisville, Kentucky for a multi-purpose facility’’.

The referenced statement of the managers under this heading

in Public Law 108–7 is deemed to be amended with respect to

item number 10 with respect to amounts made available to the

St. Stephen Family Life Center in Louisville, Kentucky by striking

‘‘renovation’’ and inserting ‘‘construction’’.

The referenced statement of the managers under this heading

in Public Law 108–7 is deemed to be amended with respect to

item number 584 with respect to amounts made available for

Queens Borough Public Library in Queens, New York by striking

‘‘for facilities rehabilitation and expansion of the Parsons Boulevard

complex’’ and inserting ‘‘for facilities construction and renovations’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 198 by striking ‘‘$160,000 for the Pine Mountain

Beautification and Economic Development project in Harris County,

Georgia for streetscape improvements’’ and inserting ‘‘$60,000 for

the Beautification and Economic Development project in Harris

County, Georgia for construction; and $100,000 for the Beautification and Economic Development project in the Town of Pine

Mountain, Georgia for streetscape improvements’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 96 with respect to amounts made available for

the City of Corona, California by striking ‘‘construction’’ and

inserting ‘‘rehabilitation and conversion’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 257 with respect to amounts made available for

Fort Dodge, Iowa by inserting ‘‘planning, design and’’ before the

word ‘‘facilities’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 776 with respect to amounts made available for

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3303

Rice University by inserting ‘‘planning, design and’’ before the word

‘‘construction’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 535 by striking ‘‘facilities renovation, expansion

and buildout for the D’Youville College Library Improvement

project’’ and inserting ‘‘Administration building renovation’’.

The referenced statement of the managers under this heading

in Public Law 108–7 is deemed to be amended with respect to

item number 215 by striking ‘‘construction of a fieldhouse located

at 39th and Cottage Grove’’ and inserting ‘‘costs associated with

construction of a LULA lift at Ogden Park’’.

The referenced statement of the managers under this heading

in Public Law 108–7 is deemed to be amended with respect to

item number 831 by striking ‘‘Bread and Rose in Olympia, Washington for renovations to a homeless shelter’’ and inserting ‘‘Catholic

Community Services in Olympia, Washington for construction of

a homeless shelter’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 303 by striking ‘‘Maine Environmental’’ and

inserting ‘‘Marine Environmental’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 163 by striking ‘‘a special needs evacuation, senior,

multipurpose center’’ and inserting ‘‘for Lakefront improvements

to Lake Toho’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 499 by striking ‘‘relocation of and renovations

to the Wolcott Carriage House’’ and inserting ‘‘facilities improvements to Erie Canal parks’’.

The referenced statement of the managers under this heading

in title II of Public Law 107–73; H. Rept. 107–272 is deemed

to be amended by striking ‘‘Southern New Mexico Fair and Rodeo

in Dona Ana County for infrastructure improvements and to build

a multipurpose event center;’’ and inserting the following: ‘‘Dona

Ana County, New Mexico, for the Southern New Mexico State

Fair to make infrastructure improvements and to build a multipurpose event center;’’.

The referenced statement of the managers under this heading

in title II of division G of the Consolidated Appropriations Resolution, 2004 (Public Law 108–199; H. Rept. 108–401) is deemed to

be amended with respect to item 218 by striking ‘‘construction’’

and inserting ‘‘planning and design’’.

The statement of managers accompanying Public Law 106–

74, as amended by chapter 8 of title II of the Emergency Supplemental Act, 2000 (Public Law 106–246), is further amended by

inserting ‘‘, to remain available to be expended until September

30, 2007,’’ after ‘‘$25,000,000’’.

The referenced statement of managers under the heading in

title II of division G of the Consolidated Appropriations Resolution,

2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be

amended with respect to numbers 418 and 423 by striking both

specified grants and inserting ‘‘418. $900,000 to Northland

Neighborhoods, Inc., in Clay County, Missouri for the expansion

118 STAT. 3304 PUBLIC LAW 108–447—DEC. 8, 2004

of the current Home Repair Program to provide home repairs to

low- to moderate-income neighborhoods;’’.

The referenced statement of managers under this heading in

title II of division G of the Consolidated Appropriations Resolution,

2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be

amended with respect to item 791 by inserting ‘‘for planning and

design’’ after ‘‘Texas’’.

The referenced statement of managers under this heading in

title II of division G of the Consolidated Appropriations Resolution,

2004 (Public Law 108–199; H. Rept. 108–401) is deemed to be

amended with respect to item 218 by striking ‘‘construction’’ and

inserting ‘‘planning and design’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 169 by striking ‘‘for renovation of an aviation

high technology facility’’ and inserting the following: ‘‘for a feasibility study of a facilities improvement to the Airco Complex and

surrounding properties’’.

The referenced statement of the managers under this heading

in Public Law 108–7 is deemed to be amended with respect to

item number 740 by striking ‘‘for facilities renovation and construction’’ and inserting ‘‘for development and continuation of the

National Medal of Honor Museum of Military History’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 163 by striking ‘‘for a special needs evacuation,

senior, multipurpose center’’ and inserting ‘‘for construction at the

Lakefront Improvement Project’’.

The referenced statement of the managers under this heading

in Public Law 108–7 is deemed to be amended with respect to

item number 54 by striking ‘‘for renovation of facilities’’ and

inserting ‘‘for the Screen Education Center’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 104 by striking ‘‘to Sonoma State University in

California for construction of the Green Music Center’’ and inserting

‘‘to Center Point, Inc., to acquire and renovate a facility for the

adolescent residential treatment center’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 4 by striking ‘‘for renovation of the old Uniontown

Middle School’’ and inserting ‘‘for enhancements to facilities for

industrial development’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 583 by striking ‘‘$200,000 to the North Carolina

Museum of Natural Sciences for construction of the Nature Research

Center’’ and inserting ‘‘$200,000 to the Friends of the North Carolina Museum of Natural Sciences for construction of the Nature

Research Center’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 469 by striking ‘‘to Rutgers University in New

Jersey land acquisition for LEAP University High School’’ and

inserting ‘‘to the LEAP Academy University Charter High School

in Camden City, New Jersey for facilities construction, renovation,

and buildout’’.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3305

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 575 by striking ‘‘construction’’ and inserting

‘‘acquisition, renovation’’.

The referenced statement of the managers under this heading

in Public Law 108–199 is deemed to be amended with respect

to item number 683 by striking ‘‘for construction related to Bailey

Park and downtown streetscape, beautification, building renovation

and restoration’’ and inserting ‘‘for master plan development,

building acquisition, demolition, renovation and restoration’’.

Section 167 of division H of Public Law 108–199 is amended

by allocating the funding made available under the heading

‘‘Community Development Fund for project number 177 (House

Report 108–235) to the Chicago Children’s Choir Academy in Illinois

for facility design and construction’’.

The referenced statement of the managers under this heading

in title II of division G of the Consolidated Appropriations Resolution, 2004 (Public Law 108–199; H. Rept. 108–401) is deemed to

be amended with respect to item 24 by striking ‘‘Tuscaloosa County

Commission for Community Development in Tuscaloosa County,

Alabama;’’ and inserting ‘‘City of Tuscaloosa for community development in Tuscaloosa, Alabama;’’.

The referenced statement of the managers under this heading

in title II of division G of the Consolidated Appropriations Resolution, 2004 (Public Law 108–199; H. Rept. 108–401) is deemed to

be amended with respect to item 796 by striking ‘‘Community

Center’’ and inserting ‘‘Convention Center’’.

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, $6,000,000, to remain available until September 30, 2006, as authorized by section 108 of

the Housing and Community Development Act of 1974, as amended:

Provided, That such costs, including the cost of modifying such

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That these funds are

available to subsidize total loan principal, any part of which is

to be guaranteed, not to exceed $275,000,000, notwithstanding any

aggregate limitation on outstanding obligations guaranteed in section 108(k) of the Housing and Community Development Act of

1974, as amended.

In addition, for administrative expenses to carry out the

guaranteed loan program, $1,000,000, which shall be transferred

to and merged with the appropriation for ‘‘Salaries and expenses’’.

BROWNFIELDS REDEVELOPMENT

For competitive economic development grants, as authorized

by section 108(q) of the Housing and Community Development

Act of 1974, as amended, for Brownfields redevelopment projects,

$24,000,000, to remain available until September 30, 2006.

114 Stat. 452.

118 STAT. 3306 PUBLIC LAW 108–447—DEC. 8, 2004

HOME INVESTMENT PARTNERSHIPS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For the HOME investment partnerships program, as authorized

under title II of the Cranston-Gonzalez National Affordable Housing

Act, as amended, $1,865,000,000, to remain available until September 30, 2007: Provided, That of the total amount provided in this paragraph, up to $42,000,000 shall be available for housing

counseling under section 106 of the Housing and Urban Development Act of 1968, and $2,000,000 shall be transferred to the

Working Capital Fund.

In addition to amounts otherwise made available under this

heading, $50,000,000, to remain available until September 30, 2007,

for assistance to homebuyers as authorized under title I of the

American Dream Downpayment Act.

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

For the emergency shelter grants program as authorized under

subtitle B of title IV of the McKinney-Vento Homeless Assistance

Act, as amended; the supportive housing program as authorized

under subtitle C of title IV of such Act; the section 8 moderate

rehabilitation single room occupancy program as authorized under

the United States Housing Act of 1937, as amended, to assist

homeless individuals pursuant to section 441 of the McKinneyVento Homeless Assistance Act; and the shelter plus care program

as authorized under subtitle F of title IV of such Act,

$1,250,515,000, of which $1,230,515,000 shall remain available until

September 30, 2007, and of which $20,000,000 shall remain available until expended: Provided, That not less than 30 percent of

funds made available, excluding amounts provided for renewals

under the shelter plus care program, shall be used for permanent

housing: Provided further, That all funds awarded for services shall

be matched by 25 percent in funding by each grantee: Provided

further, That the Secretary shall renew on an annual basis expiring

contracts or amendments to contracts funded under the shelter

plus care program if the program is determined to be needed

under the applicable continuum of care and meets appropriate

program requirements and financial standards, as determined by

the Secretary: Provided further, That all awards of assistance under

this heading shall be required to coordinate and integrate homeless

programs with other mainstream health, social services, and

employment programs for which homeless populations may be

eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps,

and services funding through the Mental Health and Substance

Abuse Block Grant, Workforce Investment Act, and the Welfareto-Work grant program: Provided further, That up to $11,500,000

of the funds appropriated under this heading shall be available

for the national homeless data analysis project and technical assistance: Provided further, That $2,500,000 of the funds appropriated

under this heading shall be transferred to the Working Capital

Fund: Provided further, That all balances for Shelter Plus Care

renewals previously funded from the Shelter Plus Care Renewal

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3307

account shall be transferred to this account, to be available for

Shelter Plus Care renewals in fiscal year 2005.

HOUSING PROGRAMS

HOUSING FOR THE ELDERLY

(INCLUDING TRANSFER OF FUNDS)

For capital advances, including amendments to capital advance

contracts, for housing for the elderly, as authorized by section

202 of the Housing Act of 1959, as amended, and for project rental

assistance for the elderly under section 202(c)(2) of such Act,

including amendments to contracts for such assistance and renewal

of expiring contracts for such assistance for up to a 1-year term,

and for supportive services associated with the housing,

$747,000,000, to remain available until September 30, 2008, of

which amount $50,000,000 shall be for service coordinators and

the continuation of existing congregate service grants for residents

of assisted housing projects, and of which amount up to $25,000,000

shall be for grants under section 202b of the Housing Act of 1959

(12 U.S.C. 1701q–2) for conversion of eligible projects under such

section to assisted living or related use and for emergency capital

repairs as determined by the Secretary: Provided, That of the

amount made available under this heading, $18,000,000 shall be

available to the Secretary of Housing and Urban Development

only for making competitive grants to private nonprofit organizations and consumer cooperatives for covering costs of architectural

and engineering work, site control, and other planning relating

to the development of supportive housing for the elderly that is

eligible for assistance under section 202 of the Housing Act of

1959 (12 U.S.C. 1701q): Provided further, That $450,000 shall be

transferred to the Working Capital Fund: Provided further, That

the Secretary may waive the provisions of section 202 governing

the terms and conditions of project rental assistance, except that

the initial contract term for such assistance shall not exceed 5

years in duration.

Title II of the Departments of Veterans Affairs and Housing

and Urban Development, and Independent Agencies Appropriations

Act, 2004, is amended under this heading by striking the fourth

proviso.

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING TRANSFER OF FUNDS)

For capital advance contracts, including amendments to capital

advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez

National Affordable Housing Act, for project rental assistance for

supportive housing for persons with disabilities under section

811(d)(2) of such Act, including amendments to contracts for such

assistance and renewal of expiring contracts for such assistance

for up to a 1-year term, and for supportive services associated

with the housing for persons with disabilities as authorized by

section 811(b)(1) of such Act, and for tenant-based rental assistance

contracts entered into pursuant to section 811 of such Act,

$240,000,000: Provided, That $450,000 shall be transferred to the

Ante, p. 384.

118 STAT. 3308 PUBLIC LAW 108–447—DEC. 8, 2004

Working Capital Fund: Provided further, That, of the amount pro- vided under this heading $28,890,000 shall be for amendments

to existing tenant-based assistance contracts entered into prior

to fiscal year 2004 (only one amendment authorized for any such

contract): Provided further, That of the amount provided under

this heading, the Secretary may make available up to $10,000,000

for incremental tenant-based rental assistance, as authorized by

section 811 of such Act (which assistance is 5 years in duration):

Provided further, That all tenant-based assistance made available

under this heading shall continue to remain available only to persons with disabilities: Provided further, That the Secretary may

waive the provisions of section 811 governing the terms and conditions of project rental assistance and tenant-based assistance, except

that the initial contract term for such assistance shall not exceed

5 years in duration.

Title II of the Departments of Veterans Affairs and Housing

and Urban Development, and Independent Agencies Appropriations

Act, 2004, is amended under this heading by striking the fourth

proviso and inserting ‘‘Provided further, That all section 811 balances outstanding, as of September 30, 2003, shall be transferred

to the appropriation under this heading.’’.

FLEXIBLE SUBSIDY FUND

(TRANSFER OF FUNDS)

From the Rental Housing Assistance Fund, all uncommitted

balances of excess rental charges as of September 30, 2004, and

any collections made during fiscal year 2005 and all subsequent

fiscal years, shall be transferred to the Flexible Subsidy Fund,

as authorized by section 236(g) of the National Housing Act, as

amended.

MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974,

as amended (42 U.S.C. 5401 et seq.), up to $13,000,000 to remain

available until expended, to be derived from the Manufactured

Housing Fees Trust Fund: Provided, That not to exceed the total

amount appropriated under this heading shall be available from

the general fund of the Treasury to the extent necessary to incur

obligations and make expenditures pending the receipt of collections

to the Fund pursuant to section 620 of such Act: Provided further,

That the amount made available under this heading from the

general fund shall be reduced as such collections are received during

fiscal year 2005 so as to result in a final fiscal year 2005 appropriation from the general fund estimated at not more than $0 and

fees pursuant to such section 620 shall be modified as necessary

to ensure such a final fiscal year 2005 appropriation.

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

During fiscal year 2005, commitments to guarantee loans to

carry out the purposes of section 203(b) of the National Housing

12 USC 1715z–1

note.

Ante, p. 385.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3309

Act, as amended, shall not exceed a loan principal of

$185,000,000,000.

During fiscal year 2005, obligations to make direct loans to

carry out the purposes of section 204(g) of the National Housing

Act, as amended, shall not exceed $50,000,000: Provided, That

the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the

Mutual Mortgage Insurance Fund.

For administrative expenses necessary to carry out the guaranteed and direct loan program, $356,906,000, of which not to exceed

$352,906,000 shall be transferred to the appropriation for ‘‘Salaries

and expenses’’; and not to exceed $4,000,000 shall be transferred

to the appropriation for ‘‘Office of Inspector General’’. In addition,

for administrative contract expenses, $78,000,000, of which

$15,000,000 shall be transferred to the Working Capital Fund:

Provided, That to the extent guaranteed loan commitments exceed

$65,500,000,000 on or before April 1, 2005, an additional $1,400

for administrative contract expenses shall be available for each

$1,000,000 in additional guaranteed loan commitments (including

a pro rata amount for any amount below $1,000,000), but in no

case shall funds made available by this proviso exceed $30,000,000.

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of guaranteed loans, as authorized by sections

238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and

1735c), including the cost of loan guarantee modifications, as that

term is defined in section 502 of the Congressional Budget Act

of 1974, as amended, $10,000,000, to remain available until

expended: Provided, That these funds are available to subsidize

total loan principal, any part of which is to be guaranteed, of

up to $35,000,000,000.

Gross obligations for the principal amount of direct loans, as

authorized by sections 204(g), 207(l), 238, and 519(a) of the National

Housing Act, shall not exceed $50,000,000, of which not to exceed

$30,000,000 shall be for bridge financing in connection with the

sale of multifamily real properties owned by the Secretary and

formerly insured under such Act; and of which not to exceed

$20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties

owned by the Secretary and formerly insured under such Act.

In addition, for administrative expenses necessary to carry

out the guaranteed and direct loan programs, $227,767,000, of

which $207,767,000 shall be transferred to the appropriation for

‘‘Salaries and expenses’’; and of which $20,000,000 shall be transferred to the appropriation for ‘‘Office of Inspector General’’.

In addition, for administrative contract expenses necessary to

carry out the guaranteed and direct loan programs, $86,000,000,

of which $9,600,000 shall be transferred to the Working Capital

Fund: Provided, That to the extent guaranteed loan commitments

exceed $8,426,000,000 on or before April 1, 2005, an additional

$1,980 for administrative contract expenses shall be available for

each $1,000,000 in additional guaranteed loan commitments over

$8,426,000,000 (including a pro rata amount for any increment

118 STAT. 3310 PUBLIC LAW 108–447—DEC. 8, 2004

below $1,000,000), but in no case shall funds made available by

this proviso exceed $14,400,000.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

New commitments to issue guarantees to carry out the purposes

of section 306 of the National Housing Act, as amended (12 U.S.C.

1721(g)), shall not exceed $200,000,000,000, to remain available

until September 30, 2006.

For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $10,695,000, to be derived

from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $10,695,000, shall

be transferred to the appropriation for ‘‘Salaries and expenses’’.

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of

research and studies relating to housing and urban problems, not

otherwise provided for, as authorized by title V of the Housing

and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–

1 et seq.), including carrying out the functions of the Secretary

under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

$45,500,000, to remain available until September 30, 2006: Provided, That of the total amount provided under this heading, $7,000,000 shall be for the Partnership for Advancing Technology

in Housing (PATH) Initiative: Provided further, That of the amounts

made available for PATH under this heading, $3,500,000 shall

not be subject to the requirements of section 205 of this title.

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of

1968, as amended by the Fair Housing Amendments Act of 1988,

and section 561 of the Housing and Community Development Act

of 1987, as amended, $46,500,000, to remain available until September 30, 2006, of which $20,000,000 shall be to carry out activities

pursuant to such section 561: Provided, That no funds made available under this heading shall be used to lobby the executive or

legislative branches of the Federal Government in connection with

a specific contract, grant or loan.

OFFICE OF LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by

section 1011 of the Residential Lead-Based Paint Hazard Reduction

Act of 1992, $168,000,000, to remain available until September

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3311

30, 2006, of which $9,900,000 shall be for the Healthy Homes

Initiative, pursuant to sections 501 and 502 of the Housing and

Urban Development Act of 1970 that shall include research, studies,

testing, and demonstration efforts, including education and outreach

concerning lead-based paint poisoning and other housing-related

diseases and hazards: Provided, That for purposes of environmental

review, pursuant to the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.) and other provisions of law that further

the purposes of such Act, a grant under the Healthy Homes Initiative, Operation Lead Elimination Action Plan (LEAP), or the Lead

Technical Studies program under this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be funds for a special project for purposes of section 305(c)

of the Multifamily Housing Property Disposition Reform Act of

1994: Provided further, That of the total amount made available

under this heading, $47,000,000 shall be made available on a

competitive basis for areas with the highest lead paint abatement

needs, as identified by the Secretary as having: (1) the highest

number of occupied pre-1940 units of rental housing; and (2) a

disproportionately high number of documented cases of leadpoisoned children: Provided further, That each grantee receiving

funds under the previous proviso shall target those privately owned

units and multifamily buildings that are occupied by low-income

families as defined under section 3(b)(2) of the United States

Housing Act of 1937: Provided further, That not less than 90 percent

of the funds made available under this paragraph shall be used

exclusively for abatement, inspections, risk assessments, temporary

relocations and interim control of lead-based hazards as defined

by 42 U.S.C. 4851: Provided further, That each recipient of funds

provided under the first proviso shall make a matching contribution

in an amount not less than 25 percent: Provided further, That

each applicant shall submit a detailed plan and strategy that demonstrates adequate capacity that is acceptable to the Secretary

to carry out the proposed use of funds pursuant to a Notice of

Funding Availability.

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary administrative and non-administrative expenses

of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances

therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger

motor vehicles; services as authorized by 5 U.S.C. 3109; and not

to exceed $25,000 for official reception and representation expenses,

$1,120,000,000, of which $560,673,000 shall be provided from the

various funds of the Federal Housing Administration, $10,695,000

shall be provided from funds of the Government National Mortgage

Association, $1,000,000 shall be provided from the ‘‘Community

development loan guarantees program’’ account, $150,000 shall be

provided by transfer from the ‘‘Native American housing block

grants’’ account, $250,000 shall be provided by transfer from the

‘‘Indian housing loan guarantee fund program’’ account and $35,000

shall be transferred from the ‘‘Native Hawaiian housing loan guarantee fund’’ account: Provided, That funds made available under

118 STAT. 3312 PUBLIC LAW 108–447—DEC. 8, 2004

this heading shall only be allocated in the manner specified in

the report accompanying this Act unless the Committees on Appropriations of both the House of Representatives and the Senate

are notified of any changes in an operating plan or reprogramming:

Provided further, That no official or employee of the Department

shall be designated as an allotment holder unless the Office of

the Chief Financial Officer (OCFO) has determined that such allotment holder has implemented an adequate system of funds control

and has received training in funds control procedures and directives:

Provided further, That the Chief Financial Officer shall establish

positive control of and maintain adequate systems of accounting

for appropriations and other available funds as required by 31

U.S.C. 1514: Provided further, That for purposes of funds control

and determining whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of obligation shall

be the executed agreement or contract, except with respect to insurance and guarantee programs, certain types of salaries and expenses

funding, and incremental funding that is authorized under an

executed agreement or contract, and shall be designated in the

approved funds control plan: Provided further, That the Chief Financial Officer shall: (1) appoint qualified personnel to conduct investigations of potential or actual violations; (2) establish minimum

training requirements and other qualifications for personnel that

may be appointed to conduct investigations; (3) establish guidelines

and timeframes for the conduct and completion of investigations;

(4) prescribe the content, format and other requirements for the

submission of final reports on violations; and (5) prescribe such

additional policies and procedures as may be required for conducting

investigations of, and administering, processing, and reporting on,

potential and actual violations of the Anti-Deficiency Act and all

other statutes and regulations governing the obligation and expenditure of funds made available in this or any other Act: Provided

further, That up to $20,000,000 may be transferred to the Working

Capital Fund: Provided further, That the Secretary shall fill 7

out of 10 vacancies at the GS–14 and GS–15 levels until the

total number of GS–14 and GS–15 positions in the Department

has been reduced from the number of GS–14 and GS–15 positions

on the date of enactment of Public Law 106–377 by 21⁄2 percent.

WORKING CAPITAL FUND

For additional capital for the Working Capital Fund (42 U.S.C.

3535) for the development of, modifications to, and infrastructure

for Department-wide information technology systems, for the continuing operation of both Department-wide and program-specific

information systems, and for program-related development activities, $270,000,000, to remain available until September 30, 2006:

Provided, That any amounts transferred to this Fund under this

Act shall remain available until expended: Provided further, That

any amounts transferred to this Fund from amounts appropriated

by previously enacted appropriations Acts or from within this Act

may be used only for the purposes specified under this Fund,

in addition to the purposes for which such amounts were appropriated.

Government

organization.

Employment.

Requirements.

Guidelines.

42 USC 3549

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3313

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$104,000,000, of which $24,000,000 shall be provided from the

various funds of the Federal Housing Administration: Provided,

That the Inspector General shall have independent authority over

all personnel issues within this office: Provided further, That

$300,000 shall be transferred to the Working Capital Fund.

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For carrying out the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, including not to exceed $500

for official reception and representation expenses, $59,209,000, to

remain available until expended, to be derived from the Federal

Housing Enterprises Oversight Fund: Provided, That of the amount

made available under this heading, $5,000,000 is for litigation

and to continue ongoing special investigations of the Federal

housing enterprises: Provided further, That the Director shall

submit a spending plan for the amounts provided under this heading

no later than January 15, 2005: Provided further, That not less

than 80 percent of total amount made available under this heading

shall be used only for examination, supervision, and capital oversight of the enterprises (as such term is defined in section 1303

of the Federal Housing Enterprises Financial Safety and Soundness

Act of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are

operating in a financially safe and sound manner and complying

with the capital requirements under Subtitle B of such Act: Provided

further, That not to exceed the amount provided herein shall be

available from the general fund of the Treasury to the extent

necessary to incur obligations and make expenditures pending the

receipt of collections to the Fund: Provided further, That the general

fund amount shall be reduced as collections are received during

the fiscal year so as to result in a final appropriation from the

general fund estimated at not more than $0.

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

(RESCISSION)

Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of

Housing and Urban Development under this heading or the heading

‘‘Annual contributions for assisted housing’’ or any other heading

for fiscal year 2004 and prior years, $1,557,000,000 is rescinded,

to be effected by the Secretary no later than September 30, 2005:

Provided, That any such balances governed by reallocation provisions under the statute authorizing the program for which the

funds were originally appropriated shall be available for the rescission: Provided further, That any obligated balances of contract

Deadline.

118 STAT. 3314 PUBLIC LAW 108–447—DEC. 8, 2004

authority from fiscal year 1974 and prior that have been terminated

shall be cancelled: Provided further, That no amounts recaptured

from amounts appropriated in prior years under this heading or

the heading ‘‘Annual contributions for assisted housing’’ and no

carryover of such appropriated amounts for project-based assistance

shall be available for the calendar year 2005 funding cycle for

activities provided for under the heading ‘‘Tenant-based rental

assistance’’: Provided further, That amounts recaptured under this

heading or the heading ‘‘Annual contributions for assisted housing’’

from amounts appropriated for project-based section 8 activities

may be used for amendments to section 8 project-based subsidy

contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated.

DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

(RESCISSION)

Of the unobligated balances remaining from funds appropriated

in fiscal year 2001 and prior years under the heading ‘‘Drug elimination grants for low-income housing’’, $5,000,000 are rescinded.

NATIVE AMERICAN HOUSING BLOCK GRANTS

(RESCISSION)

Of the unobligated balances remaining from funds appropriated

in fiscal year 2004 and prior years under the heading ‘‘Native

American housing block grants’’ for activities related to title VI

of NAHASDA, $21,000,000 are rescinded.

INDIAN HOUSING LOAN GUARANTEE PROGRAM ACCOUNT

(RESCISSION)

Of the unobligated balances remaining from funds appropriated

in fiscal year 2004 and prior years under the heading ‘‘Indian

housing loan guarantee fund program account’’ for activities related

to the cost of guaranteed loans, $33,000,000 are rescinded.

HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

(RESCISSION)

Of the amounts made available under the heading ‘‘Rent

Supplement’’ in Public Law 98–63 for amendments to contracts

under section 101 of the Housing and Urban Development Act

of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of the National

Housing Act (12 U.S.C. 1715z–1) in State-aided, non-insured rental

housing projects, up to $675,000,000 is cancelled.

FEDERAL HOUSING ADMINISTRATION

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(RESCISSION)

Of the unobligated balances remaining from credit subsidy

appropriated in fiscal year 2004 and prior years under the heading

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3315

‘‘General and special risk program account’’, $30,000,000 are

rescinded.

ADMINISTRATIVE PROVISIONS

SEC. 201. Fifty percent of the amounts of budget authority,

or in lieu thereof 50 percent of the cash amounts associated with

such budget authority, that are recaptured from projects described

in section 1012(a) of the Stewart B. McKinney Homeless Assistance

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded,

or in the case of cash, shall be remitted to the Treasury, and

such amounts of budget authority or cash recaptured and not

rescinded or remitted to the Treasury shall be used by State housing

finance agencies or local governments or local housing agencies

with projects approved by the Secretary of Housing and Urban

Development for which settlement occurred after January 1, 1992,

in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget

authority or cash recaptured and not rescinded or remitted to

the Treasury to provide project owners with incentives to refinance

their project at a lower interest rate.

SEC. 202. None of the amounts made available under this

Act may be used during fiscal year 2005 to investigate or prosecute

under the Fair Housing Act any otherwise lawful activity engaged

in by one or more persons, including the filing or maintaining

of a non-frivolous legal action, that is engaged in solely for the

purpose of achieving or preventing action by a Government official

or entity, or a court of competent jurisdiction.

SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any

amounts made available under this title for fiscal year 2005 that

are allocated under such section, the Secretary of Housing and

Urban Development shall allocate and make a grant, in the amount

determined under subsection (b), for any State that—

(1) received an allocation in a prior fiscal year under clause

(ii) of such section; and

(2) is not otherwise eligible for an allocation for fiscal

year 2005 under such clause (ii) because the areas in the

State outside of the metropolitan statistical areas that qualify

under clause (i) in fiscal year 2005 do not have the number

of cases of acquired immunodeficiency syndrome (AIDS)

required under such clause.

(b) The amount of the allocation and grant for any State

described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are

outside of metropolitan statistical areas that qualify under clause

(i) of such section 854(c)(1)(A) in fiscal year 2005, in proportion

to AIDS cases among cities and States that qualify under clauses

(i) and (ii) of such section and States deemed eligible under subsection (a).

(c) Notwithstanding any other provision of law, the amount

allocated for fiscal year 2005 under section 854(c) of the AIDS

Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New

York, New York, on behalf of the New York-Wayne-White Plains,

New York-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be adjusted by the Secretary of

HIV/AIDS.

Grants.

Rescission.

118 STAT. 3316 PUBLIC LAW 108–447—DEC. 8, 2004

Housing and Urban Development by: (1) allocating to the City

of Jersey City, New Jersey, the proportion of the metropolitan

area’s or division’s amount that is based on the number of cases

of AIDS reported in the portion of the metropolitan area or division

that is located in Hudson County, New Jersey, and adjusting for

the proportion of the metropolitan division’s high incidence bonus

if this area in New Jersey also has a higher than average per

capita incidence of AIDS; and (2) allocating to the City of Paterson,

New Jersey, the proportion of the metropolitan area’s or division’s

amount that is based on the number of cases of AIDS reported

in the portion of the metropolitan area or division that is located

in Bergen County and Passaic County, New Jersey, and adjusting

for the proportion of the metropolitan division’s high incidence

bonus if this area in New Jersey also has a higher than average

per capita incidence of AIDS. The recipient cities shall use amounts

allocated under this subsection to carry out eligible activities under

section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904)

in their respective portions of the metropolitan division that is

located in New Jersey.

SEC. 204. (a) During fiscal year 2005, in the provision of rental

assistance under section 8(o) of the United States Housing Act

of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance

for use in assisted living facilities that is carried out in the counties

of the State of Michigan specified in subsection (b) of this section,

notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o),

a family residing in an assisted living facility in any such county,

on behalf of which a public housing agency provides assistance

pursuant to section 8(o)(18) of such Act, may be required, at the

time the family initially receives such assistance, to pay rent in

an amount exceeding 40 percent of the monthly adjusted income

of the family by such a percentage or amount as the Secretary

of Housing and Urban Development determines to be appropriate.

(b) The counties specified in this subsection are Oakland

County, Macomb County, Wayne County, and Washtenaw County,

in the State of Michigan.

SEC. 205. Except as explicitly provided in law, any grant,

cooperative agreement or other assistance made pursuant to title

II of this Act shall be made on a competitive basis and in accordance

with section 102 of the Department of Housing and Urban Development Reform Act of 1989.

SEC. 206. Funds of the Department of Housing and Urban

Development subject to the Government Corporation Control Act

or section 402 of the Housing Act of 1950 shall be available, without

regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home

Loan Mortgage Corporation, Federal Financing Bank, Federal

Reserve banks or any member thereof, Federal Home Loan banks,

and any insured bank within the meaning of the Federal Deposit

Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).

SEC. 207. Unless otherwise provided for in this Act or through

a reprogramming of funds, no part of any appropriation for the

Department of Housing and Urban Development shall be available

for any program, project or activity in excess of amounts set forth

in the budget estimates submitted to Congress.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3317

SEC. 208. Corporations and agencies of the Department of

Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized

to make such expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104

of such Act as may be necessary in carrying out the programs

set forth in the budget for 2005 for such corporation or agency

except as hereinafter provided: Provided, That collections of these

corporations and agencies may be used for new loan or mortgage

purchase commitments only to the extent expressly provided for

in this Act (unless such loans are in support of other forms of

assistance provided for in this or prior appropriations Acts), except

that this proviso shall not apply to the mortgage insurance or

guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of

the United States Government.

SEC. 209. None of the funds provided in this title for technical

assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on

Appropriations a description of each proposed activity and a detailed

budget estimate of the costs associated with each program, project

or activity as part of the Budget Justifications. For fiscal year

2005, HUD shall transmit this information to the Committees by

March 15, 2005 for 30 days of review.

SEC. 210. The Secretary of Housing and Urban Development

shall provide quarterly reports to the House and Senate Committees

on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the

jurisdiction of the Department and shall submit additional, updated

budget information to these Committees upon request.

SEC. 211. Notwithstanding any other provision of law, in fiscal

year 2005, in managing and disposing of any multifamily property

that is owned or held by the Secretary and is occupied primarily

by elderly or disabled families, the Secretary of Housing and Urban

Development shall maintain any rental assistance payments under

section 8 of the United States Housing Act of 1937 that are attached

to any dwelling units in the property. To the extent the Secretary

determines that such a multifamily property owned or held by

the Secretary is not feasible for continued rental assistance payments under such section 8, the Secretary may, in consultation

with the tenants of that property, contract for project-based rental

assistance payments with an owner or owners of other existing

housing properties or provide other rental assistance.

SEC. 212. (a) Notwithstanding any other provision of law, the

amount allocated for fiscal year 2005 under section 854(c) of the

AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City

of Wilmington, Delaware, on behalf of the Wilmington, DelawareMaryland-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’), shall be adjusted by the Secretary of Housing and

Urban Development by allocating to the State of New Jersey the

proportion of the metropolitan division’s amount that is based on

the number of cases of AIDS reported in the portion of the metropolitan division that is located in New Jersey. The State of New

Jersey shall use amounts allocated to the State under this subsection to carry out eligible activities under section 855 of the

HIV/AIDS.

Reports.

Deadlines.

Deadline.

118 STAT. 3318 PUBLIC LAW 108–447—DEC. 8, 2004

AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion

of the metropolitan division that is located in New Jersey.

(b) Notwithstanding any other provision of law, the Secretary

of Housing and Urban Development shall allocate to Wake County,

North Carolina, the amounts that otherwise would be allocated

for fiscal year 2005 under section 854(c) of the AIDS Housing

Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North

Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall

be used to carry out eligible activities under section 855 of such

Act (42 U.S.C. 12904) within such metropolitan statistical area.

(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban

Development may adjust the allocation of the amounts that otherwise would be allocated for fiscal year 2005 under section 854(c)

of such Act, upon the written request of an applicant, in conjunction

with the State(s), for a formula allocation on behalf of a metropolitan statistical area, to designate the State or States in which

the metropolitan statistical area is located as the eligible grantee(s)

of the allocation. In the case that a metropolitan statistical area

involves more than one State, such amounts allocated to each

State shall be in proportion to the number of cases of AIDS reported

in the portion of the metropolitan statistical area located in that

State. Any amounts allocated to a State under this section shall

be used to carry out eligible activities within the portion of the

metropolitan statistical area located in that State.

SEC. 213. Notwithstanding any other provision of law, for this

fiscal year and every fiscal year thereafter, funds appropriated

for housing for the elderly, as authorized by section 202 of the

Housing Act of 1959, as amended, and for supportive housing for

persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, shall be available

for the cost of maintaining and disposing of such properties that

are acquired or otherwise become the responsibility of the Department.

SEC. 214. The Secretary of Housing and Urban Development

shall submit an annual report no later than August 30, 2005 and

annually thereafter to the House and Senate Committees on Appropriations regarding the number of Federally assisted units under

lease and the per unit cost of these units to the Department of

Housing and Urban Development.

SEC. 215. The Department of Housing and Urban Development

shall submit the Department’s fiscal year 2006 congressional budget

justifications to the Committees on Appropriations of the House

of Representatives and the Senate using the identical structure

provided under this Act and only in accordance with the direction

specified in the report accompanying this Act.

SEC. 216. That incremental voucher previously made available

under the heading ‘‘Housing Certificate Fund’’ for non-elderly disabled families shall, to the extent practicable, continue to be provided to non-elderly disabled families upon turnover.

SEC. 217. The installment contract between the Village of

Hanna City, Illinois and the General Services Administration is

in the nature of a purchase money mortgage which will be paid

off at initial closing. The Department of Housing and Urban

Development shall accept the Village of Hanna City, Illinois’ holding

Reports.

Deadlines.

42 USC 1437

note.

12 USC 1701q–3.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3319

of equitable title to this property as sufficient for the purposes

of the section 202 housing program.

SEC. 218. A public housing agency or such other entity that

administers Federal housing assistance in the States of Alaska,

Iowa, and Mississippi shall not be required to include a resident

of public housing or a recipient of assistance provided under section

8 of the United States Housing Act of 1937 on the board of directors

or a similar governing board of such agency or entity as required

under section (2)(b) of such Act. Each public housing agency or

other entity that administers Federal housing assistance under

section 8 in the States of Alaska, Iowa and Mississippi shall establish an advisory board of not less than 6 residents of public housing

or recipients of section 8 assistance to provide advice and comment

to the public housing agency or other administering entity on issues

related to public housing and section 8. Such advisory board shall

meet not less than quarterly.

SEC. 219. (a) Section 536(b)(1) of the National Housing Act

(12 U.S.C. 1735f–14(b)(1)) is amended by adding the following new

subparagraph at the end:

‘‘(J) Failure to perform a required physical inspection

of the mortgaged property.’’.

(b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 1735f–

15(c)(1)(B)(ii)) is amended by inserting after ‘‘rents,’’ the following:

‘‘other revenues, or contract rights,’’.

(c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 1735f–

15(c)(1)(B)(x)) is amended to read as follows:

‘‘(x) Failure to furnish the Secretary, by the expiration of the 90-day period beginning on the first day

after the completion of each fiscal year (unless the

Secretary has approved an extension of the 90-day

period in writing), with a complete annual financial

report, in accordance with requirements prescribed by

the Secretary, including requirements that the report

be—

‘‘(I) based upon an examination of the books

and records of the mortgagor;

‘‘(II) prepared and certified to by an independent public accountant or a certified public

accountant (unless the Secretary has waived this

requirement in writing); and

‘‘(III) certified to by the mortgagor or an

authorized representative of the mortgagor.

‘‘The Secretary shall approve an extension where the mortgagor

demonstrates that failure to comply with this clause is due to

events beyond the control of the mortgagor.’’.

SEC. 220. Section 421 of the Housing and Community Development Act of 1987 (12 U.S.C. 1715z–4a) is amended—

(1) in subsection (a)(1)(A), by inserting after ‘‘project’’ the

following: ‘‘, nursing home, intermediate care facility, board

and care home, assisted living facility, or hospital’’;

(2) in subsection (a)(1)(B), by inserting after ‘‘is’’ the following: ‘‘or, at the time of the violations, was’’;

(3) in the second sentence of subsection(a)(1), by striking

‘‘project’’ and inserting ‘‘property’’;

(4) in subsection (a)(2) by striking ‘‘which’’ and all that

follows through ‘‘any owner’’ and inserting the following: ‘‘that

Expiration date.

118 STAT. 3320 PUBLIC LAW 108–447—DEC. 8, 2004

owns or operates a property, as identified in the regulatory

agreement, including but not limited to—

‘‘(A) any stockholder holding 25 percent or more

interest of a corporation that owns that property;

‘‘(B) any beneficial owner of the property under any

business or trust;

‘‘(C) any officer, director, or partner of an entity owning

or controlling the property;

‘‘(D) any nursing home lessee or operator;

‘‘(E) any hospital lessee or operator;

‘‘(F) any other person or entity that controls the property regardless of that person or entity’s official relationship

to the property; and

‘‘(G) any heir, assignee, successor in interest, or agent

of any person or entity described in the preceding subparagraphs’’;

(5) in subsection (c), by striking ‘‘project’’ the first two

places it appears and inserting ‘‘property’’; and

(6) in subsection (d), by striking ‘‘project’’ and inserting

‘‘a property’s’’.

SEC. 221. Section 204(h) of the National Housing Act (12 U.S.C.

1710(h)) is amended—

(1) in paragraph (2)—

(A) by striking ‘‘following assets of the Secretary’’ and

inserting ‘‘following categories of assets of the Secretary,

unless the Secretary determines at any time that the asset

property is economically or otherwise infeasible to rehabilitate or that the best use of the asset property is as open

space (including park land)’’;

(B) in subparagraph (B)(ii), by inserting after ‘‘Act’’

the following: ‘‘except for mortgages insured under or made

pursuant to sections 235, 247, or 255’’; and

(C) by striking subparagraph (C);

(2) in the second sentence of paragraph (3), by inserting

after ‘‘government’’ the following: ‘‘, States, and Indian tribes’’;

(3) in paragraph (4)—

(A) in subparagraph (A)(i), by inserting after ‘‘government’’ the following: ‘‘, State, or Indian tribe’’;

(B) by revising subparagraph (B)(ii) to read as follows:

‘‘(ii) purchases all assets of the Secretary in the

category or categories of eligible assets set forth in

the sale agreement required under paragraph (7) that,

at any time during the period which shall be set forth

in the sale agreement—

‘‘(I) are or become eligible for purchase under

this subsection; and

‘‘(II) are located in the asset control area of

the purchaser; and’’; and

(C) in subparagraph (C), by striking ‘‘purchase of

eligible assets under’’ and inserting ‘‘purchase of the category or categories of eligible assets set forth in the sale

agreement under’’;

(4) in paragraph (6)—

(A) by revising subparagraph (C) to read as follows:

‘‘(C) DISCOUNTS.—The Secretary, in the sole discretion

of the Secretary, shall establish the discount under this

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3321

paragraph for an eligible asset. In determining the discount, the Secretary may consider the condition of the

asset property, the extent of resources available to the

preferred purchaser, the comprehensive revitalization plan

undertaken by such purchaser, the financial safety and

soundness of the Mutual Mortgage Insurance Fund, and

any other circumstances the Secretary considers appropriate’’; and

(B) by striking subparagraph (D);

(5) in paragraph (7)(A), by striking ‘‘eligible assets to be

purchased and the interests sold’’ and inserting ‘‘category or

categories of eligible assets to be purchased and, based on

the purchaser’s capacity to manage and dispose of assets, the

maximum number of assets owned by the Secretary at the

time the sale agreement is executed that shall be sold to the

purchaser’’; and

(6) in paragraph (8)—

(A) in subparagraph (F), by inserting after ‘‘State’’

the following: ‘‘, and any agency or instrumentality thereof

that is established pursuant to legislation and designated

by the chief executive officer to act on behalf of the jurisdiction with regard to the provisions of this subsection’’; and

(B) by adding the following new subparagraphs at the

end:

‘‘(G) STATE.—The term ‘State’ means any State of the

United States, the District of Columbia, the Commonwealth

of Puerto Rico, Guam, American Samoa, the Virgin Islands,

the Northern Mariana Islands, or any agency or instrumentality thereof that is established pursuant to legislation

and designated by the chief executive officer to act on

behalf of the State with regard to provisions of this subjection.

‘‘(H) INDIAN TRIBE.—The term ‘Indian tribe’ has the

same meaning as in section 248(i)(I) of this Act.’’.

SEC. 222. Section 203(c) of the National Housing Act (12 U.S.C.

1709(c)), as amended, is further amended in paragraph (1) by

striking ‘‘subsections (n) and (k)’’ and inserting ‘‘subsection (n)’’

and striking ‘‘or (k)’’.

SEC. 223. Section 203(c)(2)(A) of the National Housing Act

(12 U.S.C. 1709(c)(2)(A)) is amended in the last sentence after

‘‘subparagraph’’ by inserting the following: ‘‘, provided that the

mortgagor refinances the unpaid principal obligation under title

II of this Act’’. This provision shall apply to loans that become

insured on or after date of enactment of this Act.

SEC. 224. The portion of any athletic scholarship assistance

that is available for housing costs shall be considered adjusted

income for purposes of section 3(b)(5) of the United States Housing

Act of 1937. The Secretary of Housing and Urban Development

shall by notice establish criteria under which persons who receive

athletic scholarship assistance may be denied housing assistance

under the United States Housing Act of 1937.

SEC. 225. The funds made available for Native Alaskans under

the heading ‘‘Native American Housing Block Grants’’ in title II

of this Act shall be allocated to the same Native Alaskan housing

block grant recipients that received funds in fiscal year 2004.

Notice.

Requirements.

Applicability.

12 USC 1709

note.

118 STAT. 3322 PUBLIC LAW 108–447—DEC. 8, 2004

TITLE III—INDEPENDENT AGENCIES

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the

American Battle Monuments Commission, including the acquisition

of land or interest in land in foreign countries; purchases and

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase

(one for replacement only) and hire of passenger motor vehicles;

not to exceed $7,500 for official reception and representation

expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $41,100,000, to

remain available until expended.

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the

American Battle Monuments Commission, $12,000,000, to remain

available until expended, for purposes authorized by 36 U.S.C.

2109.

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to

section 112(r)(6) of the Clean Air Act, as amended, including hire

of passenger vehicles, uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C.

3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under

5 U.S.C. 5376, $9,100,000: Provided, That the Chemical Safety

and Hazard Investigation Board (Board) shall have not more than

three career Senior Executive Service positions: Provided further,

That notwithstanding any other provision of law, the individual

appointed to the position of Inspector General of the Environmental

Protection Agency (EPA) shall, by virtue of such appointment, also

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector

General of the Board shall utilize personnel of the Office of Inspector

General of EPA in performing the duties of the Inspector General

of the Board, and shall not appoint any individuals to positions

within the Board.

EMERGENCY FUND

For necessary expenses of the Chemical Safety and Hazard

Investigation Board for accident investigations not otherwise provided for, $400,000, to remain available until expended.

5 USC app. 8G

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3323

DEPARTMENT OF THE TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM

ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994, including services authorized by 5

U.S.C. 3109, but at rates for individuals not to exceed the per

diem rate equivalent to the rate for ES–3, $55,522,000, to remain

available until September 30, 2006, of which $4,000,000 shall be

for financial assistance, technical assistance, training and outreach

programs designed to benefit Native American, Native Hawaiian,

and Alaskan Native communities and provided primarily through

qualified community development lender organizations with experience and expertise in community development banking and lending

in Indian country, Native American organizations, tribes and tribal

organizations and other suitable providers, and up to $14,900,000

may be used for administrative expenses, including administration

of the New Markets Tax Credit, up to $6,000,000 may be used

for the cost of direct loans, and up to $250,000 may be used

for administrative expenses to carry out the direct loan program:

Provided, That the cost of direct loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That

these funds are available to subsidize gross obligations for the

principal amount of direct loans not to exceed $11,000,000.

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety

Commission, including hire of passenger motor vehicles, services

as authorized by 5 U.S.C. 3109, but at rates for individuals not

to exceed the per diem rate equivalent to the maximum rate payable

under 5 U.S.C. 5376, purchase of nominal awards to recognize

non-Federal officials’ contributions to Commission activities, and

not to exceed $500 for official reception and representation expenses,

$62,650,000.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Corporation for National and

Community Service (the ‘‘Corporation’’) in carrying out programs,

activities, and initiatives under the National and Community

Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12501 et seq.),

$545,884,000, to remain available until September 30, 2006: Provided, That not more than $290,000,000 of the amount provided

under this heading shall be available for grants under the National

Service Trust Program authorized under subtitle C of title I of

the Act (42 U.S.C. 12571 et seq.) (relating to activities of the

AmeriCorps program), including grants to organizations operating

projects under the AmeriCorps Education Awards Program (without

118 STAT. 3324 PUBLIC LAW 108–447—DEC. 8, 2004

regard to the requirements of sections 121(d) and (e), section 131(e),

section 132, and sections 140(a), (d), and (e) of the Act): Provided

further, That not less than $144,000,000 of the amount provided

under this heading, to remain available without fiscal year limitation, shall be transferred to the National Service Trust for educational awards authorized under subtitle D of title I of the Act

(42 U.S.C. 12601), of which up to $3,900,000 shall be available

to support national service scholarships for high school students

performing community service, and of which $13,000,000 shall be

held in reserve as defined in Public Law 108–45: Provided further,

That in addition to amounts otherwise provided to the National

Service Trust under the second proviso, the Corporation may

transfer funds from the amount provided under the first proviso,

to the National Service Trust authorized under subtitle D of title

I of the Act (42 U.S.C. 12601) upon determination that such transfer

is necessary to support the activities of national service participants

and after notice is transmitted to Congress: Provided further, That

of the amount provided under this heading for grants under the

National Service Trust program authorized under subtitle C of

title I of the Act, not more than $55,000,000 may be used to

administer, reimburse, or support any national service program

authorized under section 121(d)(2) of such Act (42 U.S.C.

12581(d)(2)): Provided further, That not more than $13,334,000

shall be available for quality and innovation activities authorized

under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.),

of which $4,000,000 shall be available for challenge grants to nonprofit organizations: Provided further, That notwithstanding subtitle H of title I of the Act (42 U.S.C. 12853), none of the funds

provided under the previous proviso shall be used to support salaries

and related expenses (including travel) attributable to Corporation

employees: Provided further, That to the maximum extent feasible,

funds appropriated under subtitle C of title I of the Act shall

be provided in a manner that is consistent with the recommendations of peer review panels in order to ensure that priority is

given to programs that demonstrate quality, innovation,

replicability, and sustainability: Provided further, That $25,500,000

of the funds made available under this heading shall be available

for the Civilian Community Corps authorized under subtitle E

of title I of the Act (42 U.S.C. 12611 et seq.): Provided further,

That $43,000,000 shall be available for school-based and community-based service-learning programs authorized under subtitle B

of title I of the Act (42 U.S.C. 12521 et seq.): Provided further,

That $3,550,000 shall be available for audits and other evaluations

authorized under section 179 of the Act (42 U.S.C. 12639): Provided

further, That $10,000,000 of the funds made available under this

heading shall be made available for the Points of Light Foundation

for activities authorized under title III of the Act (42 U.S.C. 12661

et seq.), of which not more than $2,500,000 may be used to support

an endowment fund, the corpus of which shall remain intact and

the interest income from which shall be used to support activities

described in title III of the Act, provided that the Foundation

may invest the corpus and income in federally insured bank savings

accounts or comparable interest bearing accounts, certificates of

deposit, money market funds, mutual funds, obligations of the

United States, and other market instruments and securities but

not in real estate investments: Provided further, That no funds

shall be available for national service programs run by Federal

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3325

agencies authorized under section 121(b) of such Act (42 U.S.C.

12571(b)): Provided further, That $4,500,000 of the funds made

available under this heading shall be made available to America’s

Promise—The Alliance for Youth, Inc.: Provided further, That to

the maximum extent practicable, the Corporation shall increase

significantly the level of matching funds and in-kind contributions

provided by the private sector, and shall reduce the total Federal

costs per participant in all programs.

SALARIES AND EXPENSES

For necessary expenses of administration as provided under

section 501(a)(4) of the National and Community Service Act of

1990 (42 U.S.C. 12501 et seq.) including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference

rooms in the District of Columbia, the employment of experts and

consultants authorized under 5 U.S.C. 3109, and not to exceed

$2,500 for official reception and representation expenses,

$26,000,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$6,000,000, to remain available until September 30, 2006.

ADMINISTRATIVE PROVISIONS

Notwithstanding any other provision of law, the term ‘‘qualified

student loan’’ with respect to national service education awards

shall mean any loan determined by an institution of higher education to be necessary to cover a student’s cost of attendance at

such institution and made, insured, or guaranteed directly to a

student by a State agency, in addition to other meanings under

section 148(b)(7) of the National and Community Service Act.

Notwithstanding any other provision of law, funds made available under section 129(d)(5)(B) of the National and Community

Service Act to assist entities in placing applicants who are individuals with disabilities may be provided to any entity that receives

a grant under section 121 of the Act.

The Inspector General of the Corporation for National and

Community Service shall conduct random audits of the grantees

that administer activities under the AmeriCorps programs and

shall levy sanctions in accordance with standard Inspector General

audit resolution procedures which include, but are not limited to,

debarment of any grantee (or successor in interest or any entity

with substantially the same person or persons in control) that

has been determined to have committed any substantial violations

of the requirements of the AmeriCorps programs, including any

grantee that has been determined to have violated the prohibition

of using Federal funds to lobby the Congress: Provided, That the

Inspector General shall obtain reimbursements in the amount of

any misused funds from any grantee that has been determined

to have committed any substantial violations of the requirements

of the AmeriCorps programs.

For fiscal year 2005, the Corporation shall make any significant

changes to program requirements or policy only through public

notice and comment rulemaking. For fiscal year 2005, during any

118 STAT. 3326 PUBLIC LAW 108–447—DEC. 8, 2004

grant selection process, no officer or employee of the Corporation

shall knowingly disclose any covered grant selection information

regarding such selection, directly or indirectly, to any person other

than an officer or employee of the Corporation that is authorized

by the Corporation to receive such information.

U.S. COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States

Court of Appeals for Veterans Claims as authorized by 38 U.S.C.

7251–7298, $17,250,000, of which $1,100,000 shall be available

for the purpose of providing financial assistance as described, and

in accordance with the process and reporting procedures set forth,

under this heading in Public Law 102–229.

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance,

operation, and improvement of Arlington National Cemetery and

Soldiers’ and Airmen’s Home National Cemetery, including the

purchase of one passenger motor vehicle for replacement only, and

not to exceed $1,000 for official reception and representation

expenses, $29,600,000, to remain available until expended.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g)

of the Superfund Amendments and Reauthorization Act of 1986,

$80,486,000.

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances

and Disease Registry (ATSDR) in carrying out activities set forth

in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and

section 3019 of the Solid Waste Disposal Act, as amended,

$76,654,000: Provided, That notwithstanding any other provision

of law, in lieu of performing a health assessment under section

104(i)(6) of CERCLA, the Administrator of ATSDR may conduct

other appropriate health studies, evaluations, or activities,

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3327

including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care

providers: Provided further, That in performing any such health

assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section

104(i)(6)(A) of CERCLA: Provided further, That none of the funds

appropriated under this heading shall be available for ATSDR

to issue in excess of 40 toxicological profiles pursuant to section

104(i) of CERCLA during fiscal year 2005, and existing profiles

may be updated as necessary.

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

For science and technology, including research and development

activities, which shall include research and development activities

under the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980, as amended; necessary expenses for

personnel and related costs and travel expenses, including uniforms,

or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals

not to exceed the per diem rate equivalent to the maximum rate

payable for senior level positions under 5 U.S.C. 5376; procurement

of laboratory equipment and supplies; other operating expenses

in support of research and development; construction, alteration,

repair, rehabilitation, and renovation of facilities, not to exceed

$85,000 per project, $750,061,000, which shall remain available

until September 30, 2006: Provided, That of the amounts made

available under this heading $1,000,000 shall be transferred to

the Office of Environmental Quality Management fund.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and

related costs and travel expenses, including uniforms, or allowances

therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed

the per diem rate equivalent to the maximum rate payable for

senior level positions under 5 U.S.C. 5376; hire of passenger motor

vehicles; hire, maintenance, and operation of aircraft; purchase

of reprints; library memberships in societies or associations which

issue publications to members only or at a price to members lower

than to subscribers who are not members; construction, alteration,

repair, rehabilitation, and renovation of facilities, not to exceed

$85,000 per project; and not to exceed $9,000 for official reception

and representation expenses, $2,313,409,000, which shall remain

available until September 30, 2006, including administrative costs

of the brownfields program under the Small Business Liability

Relief and Brownfields Revitalization Act of 2002.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, and for construction, alteration, repair, rehabilitation,

118 STAT. 3328 PUBLIC LAW 108–447—DEC. 8, 2004

and renovation of facilities, not to exceed $85,000 per project,

$38,000,000, to remain available until September 30, 2006.

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration,

and purchase of fixed equipment or facilities of, or for use by,

the Environmental Protection Agency, $39,000,000, to remain available until expended.

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,

rehabilitation, and renovation of facilities, not to exceed $85,000

per project; $1,257,537,000, to remain available until expended,

consisting of such sums as are available in the Trust Fund upon

the date of enactment of this Act as authorized by section 517(a)

of the Superfund Amendments and Reauthorization Act of 1986

(SARA) and up to $1,257,537,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds

appropriated under this heading may be allocated to other Federal

agencies in accordance with section 111(a) of CERCLA: Provided

further, That of the funds appropriated under this heading, $13,000,000 shall be transferred to the ‘‘Office of Inspector General’’

appropriation to remain available until September 30, 2006, and

$36,097,000 shall be transferred to the ‘‘Science and technology’’

appropriation to remain available until September 30, 2006.

LEAKING UNDERGROUND STORAGE TANK PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for

construction, alteration, repair, rehabilitation, and renovation of

facilities, not to exceed $85,000 per project, $70,000,000, to remain

available until expended.

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,

$16,000,000, to be derived from the Oil Spill Liability trust fund,

to remain available until expended.

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance,

including capitalization grants for State revolving funds and

performance partnership grants, $3,604,182,000, to remain available until expended, of which $1,100,000,000 shall be for making

capitalization grants for the Clean Water State Revolving Funds

under title VI of the Federal Water Pollution Control Act, as

amended (the ‘‘Act’’), of which up to $50,000,000 shall be available

for loans, including interest free loans as authorized by 33 U.S.C.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3329

1383(d)(1)(A), to municipal, inter-municipal, interstate, or State

agencies or nonprofit entities for projects that provide treatment

for or that minimize sewage or stormwater discharges using one

or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater

treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $850,000,000 shall

be for capitalization grants for the Drinking Water State Revolving

Funds under section 1452 of the Safe Drinking Water Act, as

amended, except that, notwithstanding section 1452(n) of the Safe

Drinking Water Act, as amended, none of the funds made available

under this heading in this Act, or in previous appropriations Acts,

shall be reserved by the Administrator for health effects studies

on drinking water contaminants; $50,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water

and wastewater facilities in the area of the United States-Mexico

Border, after consultation with the appropriate border commission;

$45,000,000 shall be for grants to the State of Alaska to address

drinking water and waste infrastructure needs of rural and Alaska

Native Villages: Provided, That, of these funds: (1) the State of

Alaska shall provide a match of 25 percent; (2) no more than

5 percent of the funds may be used for administrative and overhead

expenses; and (3) not later than October 1, 2005 the State of

Alaska shall make awards consistent with the State-wide priority

list established in 2004 for all water, sewer, waste disposal, and

similar projects carried out by the State of Alaska that are funded

under section 221 of the Federal Water Pollution Control Act (33

U.S.C. 1301) or the Consolidated Farm and Rural Development

Act (7 U.S.C. 1921 et seq.) which shall allocate not less than

25 percent of the funds provided for projects in regional hub communities; $4,000,000 shall be for remediation of above ground leaking

fuel tanks pursuant to Public Law 106–554; $309,925,000 shall

be for making grants for the construction of drinking water, wastewater and storm water infrastructure and for water quality protection in accordance with the terms and conditions specified for such

grants in the joint explanatory statement of the managers accompanying this Act, and, for purposes of these grants, each grantee

shall contribute not less than 45 percent of the cost of the project

unless the grantee is approved for a waiver by the Agency;

$90,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of

1980 (CERCLA), as amended, including grants, interagency agreements, and associated program support costs; $7,500,000 for a costshared grant program to school districts for necessary upgrades

of their diesel bus fleets; and $1,145,757,000 shall be for grants,

including associated program support costs, to States, federally

recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution

prevention, control and abatement and related activities, including

activities pursuant to the provisions set forth under this heading

in Public Law 104–134, and for making grants under section 103

of the Clean Air Act for particulate matter monitoring and data

collection activities of which and subject to terms and conditions

specified by the Administrator, of which $50,000,000 shall be for

carrying out section 128 of CERCLA, as amended, and $19,500,000

shall be for Environmental Information Exchange Network grants,

118 STAT. 3330 PUBLIC LAW 108–447—DEC. 8, 2004

including associated program support costs, and $18,000,000 shall

be for making competitive targeted watershed grants: Provided

further, That for fiscal year 2005, State authority under section

302(a) of Public Law 104–182 shall remain in effect: Provided

further, That notwithstanding section 603(d)(7) of the Act, the

limitation on the amounts in a State water pollution control

revolving fund that may be used by a State to administer the

fund shall not apply to amounts included as principal in loans

made by such fund in fiscal year 2005 and prior years where

such amounts represent costs of administering the fund to the

extent that such amounts are or were deemed reasonable by the

Administrator, accounted for separately from other assets in the

fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2005, and notwithstanding section 518(f) of the Act, the Administrator is authorized

to use the amounts appropriated for any fiscal year under section

319 of that Act to make grants to Indian tribes pursuant to sections

319(h) and 518(e) of that Act: Provided further, That for fiscal

year 2005, notwithstanding the limitation on amounts in section

518(c) of the Act, up to a total of 11⁄2 percent of the funds appropriated for State Revolving Funds under title VI of that Act may

be reserved by the Administrator for grants under section 518(c)

of such Act: Provided further, That no funds provided by this

legislation to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the

United States-Mexico border shall be made available to a county

or municipal government unless that government has established

an enforceable local ordinance, or other zoning rule, which prevents

in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia

the construction of any new home, business, or other structure

which lacks water, wastewater, or other necessary infrastructure:

Provided further, That the referenced statement of the managers

under this heading in Public Law 108–7, in reference to item

number 471, is deemed to be amended by striking everything after

‘‘for’’ and inserting the following: ‘‘for water infrastructure improvements’’: Provided further, That the referenced statement of the

managers under this heading in Public Law 108–199, in reference

to item number 22, is deemed to be amended by striking everything

after ‘‘22.’’ and inserting the following: ‘‘$200,000 to Jackson County,

Alabama, for water system improvements and $200,000 to the City

of Muscle Shoals, Alabama, for water and sewer infrastructure

improvements’’: Provided further, That the referenced statement

of the managers under this heading in Public Law 108–199, in

reference to item number 158, is deemed to be amended by inserting

‘‘water and’’ after ‘‘for’’: Provided further, That the referenced statement of the managers under this heading in Public Law 107–

73 is deemed to be amended by striking ‘‘Southeast’’ in reference

to item 9 and inserting ‘‘Southwest’’: Provided further, That the

referenced statement of the managers under this heading in Public

Law 107–73, in reference to item number 103, is deemed to be

amended by striking everything after the word ‘‘for’’, and adding,

‘‘the City of Chicago, Illinois for water infrastructure improvements

at the Thomas Jefferson and Lakeview Pumping Stations’’: Provided

further, That the referenced statement of the managers under this

heading in Public Law 108–199, in reference to item number 484,

is deemed to be amended by striking ‘‘City of Norfolk’’ and inserting

33 USC 1377

note.

42 USC 300j–12

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3331

‘‘Portsmouth Virginia’’: Provided further, That the referenced statement of the managers under this heading in Public Law 108–

199, in reference to item number 283, is deemed to be amended

by striking ‘‘City of Kalispell, Montana’’ and inserting ‘‘Flathead

County Water and Sewer District No. 1—Evergreen’’: Provided further, That the referenced statement of managers under this heading

in Public Law 108–7, in reference to item number 139, is deemed

to be amended by striking ‘‘State of Hawaii Health Department’’

and inserting ‘‘County of Hawaii’’: Provided further, That the referenced statement of managers under this heading in Public Law

108–199, in reference to item number 148, is deemed to be amended

by striking everything after the word ‘‘for’’ and inserting ‘‘the

replacement of cesspools in Hawaii, $250,000 to the City and County

of Honolulu for Varona Village, $500,000 to the County of Hawaii

and the remainder to the Housing and Community Development

Corporation of Hawaii;’’: Provided further, That the referenced statement of the managers under this heading in Public Law 108–

199, in reference to item number 388, is deemed to be amended

by striking everything after the word ‘‘for’’ and inserting ‘‘the Southeast Water Treatment Plant in Lawton, Oklahoma for water and

wastewater infrastructure improvements;’’: Provided further, That

the referenced statement of the managers under this heading in

Public Law 106–377, in reference to item number 46, is deemed

to be amended by striking ‘‘to construct pump stations, force mains,

storage lagoons and spray irrigation facility’’, and inserting ‘‘for

wastewater treatment improvements’’: Provided further, That the

referenced statement of the managers under this heading in Public

Law 108–199, in reference to item number 409, is deemed to be

amended by striking ‘‘City of’’ and ‘‘Pennsylvania’’: Provided further,

That the referenced statement of the managers under this heading

in Public Law 108–199, in reference to item number 265, is deemed

to be amended by striking ‘‘Franklin County’’, and inserting

‘‘Okhissa Lake Sewer District’’: Provided further, That the referenced statement of the managers under this heading in Public

Law 108–199, in reference to item number 322, is deemed to be

amended by inserting ‘‘and water’’ after ‘‘wastewater’’: Provided

further, That the referenced statement of the managers under this

heading in Public Law 108–199, in reference to item number 173,

is deemed to be amended by inserting ‘‘planning, design and’’ prior

to ‘‘construction’’: Provided further, notwithstanding any other provision of law, the Environmental Protection Agency and the New

York State Department of Environmental Conservation are authorized to award a $2,000,000 grant to the Town of Wheatfield, Niagara

County, New York for the construction of sanitary collector sewers

from funds realloted to the State of New York under title II of

the Clean Water Act: Provided further, That the referenced statement of the managers under this heading in Public Law 108–

199, in reference to item number 184, is deemed to be amended

by striking ‘‘be divided equally between’’ and by striking ‘‘and’’

and inserting in place of ‘‘and’’, ‘‘or’’.

ADMINISTRATIVE PROVISIONS

For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and

6305(1), the Administrator of the Environmental Protection Agency,

in carrying out the Agency’s function to implement directly Federal

environmental programs required or authorized by law in the

absence of an acceptable tribal program, may award cooperative

118 STAT. 3332 PUBLIC LAW 108–447—DEC. 8, 2004

agreements to federally-recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian

Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State

financial assistance agreements.

The Administrator of the Environmental Protection Agency is

authorized to collect and obligate pesticide registration service fees

in accordance with section 33 of the Federal Insecticide, Fungicide,

and Rodenticide Act (as added by subsection (f)(2) of the Pesticide

Registration Improvement Act of 2003), as amended.

Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated

funds for fiscal year 2005 may be used to award grants or loans

under section 104(k) of CERCLA to eligible entities that satisfy

all of the elements set forth in CERCLA section 101(40) to qualify

as a bona fide prospective purchaser except that the date of acquisition of the property was prior to the date of enactment of the

Small Business Liability Relief and Brownfield Revitalization Act

of 2001.

The Administrator may hereafter receive and use funds contributed by a non-Federal sponsor as its share of the cost of a project

to carry out a project under paragraph (c)(12) of section 118 of

the Federal Water Pollution Control Act, as amended.

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology

Policy, in carrying out the purposes of the National Science and

Technology Policy, Organization, and Priorities Act of 1976 (42

U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for

official reception and representation expenses, and rental of conference rooms in the District of Columbia, $6,379,000.

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the

Council on Environmental Quality and Office of Environmental

Quality pursuant to the National Environmental Policy Act of 1969,

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official

reception and representation expenses, $3,284,000: Provided, That

notwithstanding section 202 of the National Environmental Policy

Act of 1970, the Council shall consist of one member, appointed

by the President, by and with the advice and consent of the Senate,

serving as chairman and exercising all powers, functions, and duties

of the Council.

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $30,125,000, to be derived from the Bank Insurance

42 USC 4342

note.

33 USC 1268

note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3333

Fund, the Savings Association Insurance Fund, and the FSLIC

Resolution Fund.

GENERAL SERVICES ADMINISTRATION

FEDERAL CITIZEN INFORMATION CENTER FUND

For necessary expenses of the Federal Citizen Information Center, including services authorized by 5 U.S.C. 3109, $14,907,000,

to be deposited into the Federal Citizen Information Center Fund:

Provided, That the appropriations, revenues, and collections deposited into the Fund shall be available for necessary expenses of

Federal Citizen Information Center activities in the aggregate

amount not to exceed $27,000,000. Appropriations, revenues, and

collections accruing to this Fund during fiscal year 2005 in excess

of such amount shall remain in the Fund and shall not be available

for expenditure except as authorized in appropriations Acts.

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference

rooms, and the employment of experts and consultants under section

3109 of title 5, United States Code) of the United States Interagency

Council on Homelessness in carrying out the functions pursuant

to title II of the McKinney-Vento Homeless Assistance Act, as

amended, $1,500,000.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the

conduct and support of science, aeronautics and exploration research

and development activities, including research, development, operations, support and services; maintenance; construction of facilities

including repair, rehabilitation, revitalization, and modification of

facilities, construction of new facilities and additions to existing

facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control

and communications activities including operations, production, and

services; program management; personnel and related costs,

including uniforms or allowances therefor, as authorized by 5 U.S.C.

5901–5902; travel expenses; purchase and hire of passenger motor

vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $7,742,550,000, to

remain available until September 30, 2006, of which amounts as

determined by the Administrator for salaries and benefits; training,

travel and awards; facility and related costs; information technology

services; science, engineering, fabricating and testing services; and

other administrative services may be transferred to ‘‘Exploration

118 STAT. 3334 PUBLIC LAW 108–447—DEC. 8, 2004

capabilities’’ in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106–

377.

EXPLORATION CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the

conduct and support of exploration capabilities research and

development activities, including research, development, operations,

support and services; maintenance; construction of facilities

including repair, rehabilitation, revitalization and modification of

facilities, construction of new facilities and additions to existing

facilities, facility planning and design, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services;

program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–

5902; travel expenses; purchase and hire of passenger motor

vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $8,425,850,000, to

remain available until September 30, 2006, of which amounts as

determined by the Administrator for salaries and benefits; training,

travel and awards; facility and related costs; information technology

services; science, engineering, fabricating and testing services; and

other administrative services may be transferred to ‘‘Science, aeronautics and exploration’’ in accordance with section 312(b) of the

National Aeronautics and Space Act of 1958, as amended by Public

Law 106–377.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$31,600,000.

ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Exploration capabilities’’ by this appropriations Act, when any activity

has been initiated by the incurrence of obligations for construction

of facilities or environmental compliance and restoration activities

as authorized by law, such amount available for such activity shall

remain available until expended. This provision does not apply

to the amounts appropriated for institutional minor revitalization

and construction of facilities, and institutional facility planning

and design.

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Exploration capabilities’’ by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until

September 30, 2007.

The unexpired balances of prior appropriations to NASA for

activities for which funds are provided under this Act may be

transferred to the new account established for the appropriation

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3335

that provides such activity under this Act. Balances so transferred

may be merged with funds in the newly established account and

thereafter may be accounted for as one fund under the same terms

and conditions but shall remain available for the same period

of time as originally appropriated.

From amounts made available in this Act for these activities,

subject to the operating plan procedures of the House and Senate

Committees on Appropriations, the Administrator may transfer

amounts between the ‘‘Science, aeronautics, and exploration’’

account and the ‘‘Exploration capabilities’’ account.

Funds for announced prizes otherwise authorized shall remain

available, without fiscal year limitation, until the prize is claimed

or the offer is withdrawn. Funding shall not be made available

for Centennial Challenges unless authorized.

Funding made available under the headings ‘‘Exploration

capabilities’’ and ‘‘Science, aeronautics, and exploration’’ in this

Act shall be governed by the terms and conditions specified in

the statement of managers except to the extent changes are made

in accordance with the operating plan procedures of the House

and Senate Committees on Appropriations.

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 2005, gross obligations of the Central

Liquidity Facility for the principal amount of new direct loans

to member credit unions, as authorized by 12 U.S.C. 1795 et seq.,

shall not exceed $1,500,000,000: Provided, That administrative

expenses of the Central Liquidity Facility in fiscal year 2005 shall

not exceed $310,000.

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund pro- gram as authorized by 42 U.S.C. 9812, 9822, and 9910, $1,000,000

shall be available: Provided, That of this amount $200,000, together

with amounts of principal and interest on loans repaid, is available

until expended for loans to community development credit unions,

and $800,000 is available until September 30, 2006, for technical

assistance to low-income and community development credit unions.

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and

the Act to establish a National Medal of Science (42 U.S.C. 1880–

1881); services as authorized by 5 U.S.C. 3109; maintenance and

operation of aircraft and purchase of flight services for research

support; acquisition of aircraft; $4,254,593,000, of which not to

exceed $350,000,000 shall remain available until expended for Polar

research and operations support, and for reimbursement to other

Federal agencies for operational and science support and logistical

and other related activities for the United States Antarctic program;

the balance to remain available until September 30, 2006: Provided,

That receipts for scientific support services and materials furnished

by the National Research Centers and other National Science

118 STAT. 3336 PUBLIC LAW 108–447—DEC. 8, 2004

Foundation supported research facilities may be credited to this

appropriation: Provided further, That to the extent that the amount

appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors

and ceilings, specified in the authorizing Act for those program

activities or their subactivities shall be reduced proportionally: Provided further, That $95,000,000 of the funds available under this

heading shall be made available for a comprehensive research initiative on plant genomes for economically significant crops: Provided

further, That, not to exceed $25,954,000 of these funds shall be

for all costs, direct and indirect, associated with personnel assignments under the Intergovernmental Personnel Act.

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction,

commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science

Foundation Act of 1950, as amended, including authorized travel,

$175,050,000, to remain available until expended.

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering

education and human resources programs and activities pursuant

to the National Science Foundation Act of 1950, as amended (42

U.S.C. 1861–1875), including services as authorized by 5 U.S.C.

3109, and rental of conference rooms in the District of Columbia,

$848,207,000, to remain available until September 30, 2006: Provided, That to the extent that the amount of this appropriation

is less than the total amount authorized to be appropriated for

included program activities, all amounts, including floors and

ceilings, specified in the authorizing Act for those program activities

or their subactivities shall be reduced proportionally: Provided further, That not to exceed $5,500,000 of these funds shall be for

all costs, direct and indirect, associated with personnel assignments

under the Intergovernmental Personnel Act.

SALARIES AND EXPENSES

For salaries and expenses necessary in carrying out the

National Science Foundation Act of 1950, as amended (42 U.S.C.

1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger

motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized

by 5 U.S.C. 5901–5902; rental of conference rooms in the District

of Columbia; and reimbursement of the General Services Administration for security guard services; $225,000,000: Provided, That

contracts may be entered into under ‘‘Salaries and expenses’’ in

fiscal year 2005 for maintenance and operation of facilities, and

for other services, to be provided during the next fiscal year.

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference

rooms in the District of Columbia, and the employment of experts

and consultants under section 3109 of title 5, United States Code)

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3337

involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42

U.S.C. 1880 et seq.), $4,000,000: Provided, That not more than

$9,000 shall be available for official reception and representation

expenses.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as

authorized by the Inspector General Act of 1978, as amended,

$10,110,000, to remain available until September 30, 2006.

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation

for use in neighborhood reinvestment activities, as authorized by

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–

8107), $115,000,000, of which $5,000,000 shall be for a multi-family

rental housing program.

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System,

including expenses of attendance at meetings and of training for

uniformed personnel assigned to the Selective Service System, as

authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase

of uniforms, or allowances therefor, as authorized by 5 U.S.C.

5901–5902; hire of passenger motor vehicles; services as authorized

by 5 U.S.C. 3109; and not to exceed $750 for official reception

and representation expenses; $26,300,000: Provided, That during

the current fiscal year, the President may exempt this appropriation

from the provisions of 31 U.S.C. 1341, whenever the President

deems such action to be necessary in the interest of national

defense: Provided further, That none of the funds appropriated

by this Act may be expended for or in connection with the induction

of any person into the Armed Forces of the United States.

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

For necessary expenses of the White House Commission on

the National Moment of Remembrance, $250,000.

TITLE IV—GENERAL PROVISIONS

SEC. 401. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 402. No funds appropriated by this Act may be expended—

(1) pursuant to a certification of an officer or employee

of the United States unless—

(A) such certification is accompanied by, or is part

of, a voucher or abstract which describes the payee or

payees and the items or services for which such expenditure

is being made; or

118 STAT. 3338 PUBLIC LAW 108–447—DEC. 8, 2004

(B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and

(2) unless such expenditure is subject to audit by the General Accounting Officer or is specifically exempt by law from

such audit.

SEC. 403. None of the funds provided in this Act to any department or agency may be obligated or expended for: (1) the transportation of any officer or employee of such department or agency

between the domicile and the place of employment of the officer

or employee, with the exception of an officer or employee authorized

such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905; or

(2) to provide a cook, chauffeur, or other personal servants to

any officer or employee of such department or agency.

SEC. 404. None of the funds provided in this Act may be

used for payment, through grants or contracts, to recipients that

do not share in the cost of conducting research resulting from

proposals not specifically solicited by the Government: Provided,

That the extent of cost sharing by the recipient shall reflect the

mutuality of interest of the grantee or contractor and the Government in the research.

SEC. 405. None of the funds provided in this Act may be

used, directly or through grants, to pay or to provide reimbursement

for payment of the salary of a consultant (whether retained by

the Federal Government or a grantee) at more than the daily

equivalent of the rate paid for level IV of the Executive Schedule,

unless specifically authorized by law.

SEC. 406. None of the funds provided in this Act may be

used to pay the expenses of, or otherwise compensate, non-Federal

parties intervening in regulatory or adjudicatory proceedings.

Nothing herein affects the authority of the Consumer Product Safety

Commission pursuant to section 7 of the Consumer Product Safety

Act (15 U.S.C. 2056 et seq.).

SEC. 407. Except as otherwise provided under existing law,

or under an existing Executive order issued pursuant to an existing

law, the obligation or expenditure of any appropriation under this

Act for contracts for any consulting service shall be limited to

contracts which are: (1) a matter of public record and available

for public inspection; and (2) thereafter included in a publicly available list of all contracts entered into within 24 months prior to

the date on which the list is made available to the public and

of all contracts on which performance has not been completed

by such date. The list required by the preceding sentence shall

be updated quarterly and shall include a narrative description

of the work to be performed under each such contract.

SEC. 408. None of the funds appropriated in this Act may

be used to implement any cap on reimbursements to grantees

for indirect costs, except as published in Office of Management

and Budget Circular A–21.

SEC. 409. Such sums as may be necessary for fiscal year 2005

pay raises for programs funded by this Act shall be absorbed within

the levels appropriated in this Act.

SEC. 410. (a) It is the sense of the Congress that, to the

greatest extent practicable, all equipment and products purchased

with funds made available in this Act should be American-made.

(b) In providing financial assistance to, or entering into any

contract with, any entity using funds made available in this Act,

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3339

the head of each Federal agency, to the greatest extent practicable,

shall provide to such entity a notice describing the statement made

in subsection (a) by Congress.

SEC. 411. None of the funds made available in this Act may

be used for any program, project, or activity, when it is made

known to the Federal entity or official to which the funds are

made available that the program, project, or activity is not in

compliance with any Federal law relating to risk assessment, the

protection of private property rights, or unfunded mandates.

SEC. 412. Except in the case of entities that are funded solely

with Federal funds or any natural persons that are funded under

this Act, none of the funds in this Act shall be used for the

planning or execution of any program to pay the expenses of,

or otherwise compensate, non-Federal parties to lobby or litigate

in respect to adjudicatory proceedings funded in this Act. A chief

executive officer of any entity receiving funds under this Act shall

certify that none of these funds have been used to engage in

the lobbying of the Federal Government or in litigation against

the United States unless authorized under existing law.

SEC. 413. No part of any funds appropriated in this Act shall

be used by an agency of the executive branch, other than for

normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution

or use of any kit, pamphlet, booklet, publication, radio, television

or film presentation designed to support or defeat legislation

pending before Congress, except in presentation to Congress itself.

SEC. 414. All departments and agencies funded under this

Act are encouraged, within the limits of the existing statutory

authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices

and public service activities.

SEC. 415. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriation Act.

SEC. 416. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger

automobiles as defined in 15 U.S.C. 2001 with an EPA estimated

miles per gallon average of less than 22 miles per gallon.

SEC. 417. Section 313 of the National Aeronautics and Space

Act of 1958, as amended, is further amended in subsection (a)—

(1) by striking ‘‘2004’’ and inserting ‘‘2005’’; and

(2) by striking ‘‘Space flight capabilities’’ and inserting

‘‘Exploration capabilities’’.

SEC. 418. None of the funds made available in this Act may

be used to implement any policy prohibiting the Directors of the

Veterans Integrated Service Networks from conducting outreach

or marketing to enroll new veterans within their respective Networks.

SEC. 419. It is the sense of Congress that no veteran should

wait more than 30 days for an initial doctor’s appointment.

SEC. 420. None of the funds made available to NASA in this

Act may be used for voluntary separation incentive payments as

provided for in subchapter II of chapter 35 of title 5, United States

Code, unless the Administrator of NASA has first certified to Congress that such payments would not result in the loss of skills

42 USC 2459f.

118 STAT. 3340 PUBLIC LAW 108–447—DEC. 8, 2004

related to the safety of the Space Shuttle or the International

Space Station or to the conduct of independent safety oversight

in the National Aeronautics and Space Administration.

SEC. 421. (a) TREATMENT OF PIONEER HOMES IN ALASKA AS

STATE HOME FOR VETERANS.—For this fiscal year and each fiscal

year hereafter, the Secretary of Veterans Affairs may—

(1) treat the Pioneer Homes in the State of Alaska collectively as a single State home for veterans for purposes of

section 1741 of title 38, United States Code; and

(2) make per diem payments to the State of Alaska for

care provided to veterans in the Pioneer Homes in accordance

with the provisions of that section.

(b) TREATMENT NOTWITHSTANDING NON-VETERAN RESIDENCY.—

The Secretary may treat the Pioneer Homes as a State home

under subsection (a) notwithstanding the residency of non-veterans

in one or more of the Pioneer Homes.

(c) PIONEER HOMES DEFINED.—In this section, the term ‘‘Pioneer Homes’’ means the six regional homes in the State of Alaska

known as Pioneer Homes, which are located in the following:

(1) Anchorage, Alaska.

(2) Fairbanks, Alaska.

(3) Juneau, Alaska.

(4) Ketchikan, Alaska.

(5) Palmer, Alaska.

(6) Sitka, Alaska.

(d) LIMITATION.—The number of beds occupied by veterans

collectively in the six Pioneer Homes listed under subsection (c)

for which per diem would be paid under this authority shall not

exceed the number of veterans in State beds that otherwise would

be permitted in Alaska under the Department of Veterans Affairs

State home regulations governing the number of beds per veteran

population.

SEC. 422. Of the amounts available to the National Aeronautics

and Space Administration, such sums as may be necessary for

the benefit of the families of the astronauts who died on board

the Space Shuttle Columbia on February 1, 2003, are available

under the terms of section 203(c)(13) of the National Aeronautics

and Space Act of 1958, as amended, independent of the limitations

established therein.

SEC. 423. Section 428 of the Departments of Veterans Affairs

and Housing and Urban Development, and Independent Agencies

Appropriations Act, 2004 is amended—

(1) in subsection (c), by inserting ‘‘new’’ before ‘‘spark ignition engines’’; and

(2) in subsection (d), by striking ‘‘The prohibition in subsection (e)’’ and inserting ‘‘The prohibition in subsection (c)’’.

SEC. 424. In addition to the amounts otherwise provided in

this or any other Act for fiscal year 2005, for ‘‘Department of

Housing and Urban Development, Community Development Fund’’,

$31,000,000 to remain available until expended for a grant to The

Hudson River Park Trust for planning, design and reconstruction

of Pier 86 in New York City.

SEC. 425. From within funds available to the Secretary of

Veterans Affairs, $200,000 shall be made available until expended

to Eric and Brian Simon of Minneapolis, Minnesota, to be divided

evenly between the individuals.

118 Stat. 418.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3341

SEC. 426. (a) WAIVER OF REQUIREMENTS.—Subject to subsection

(b), the limitation on the release of funds in section 104(g)(2) of

the Housing and Community Development Act of 1974 (42 U.S.C.

5304) shall not apply to the Village of Chickasaw Sewer Collection

and Treatment System, located in the Village of Chickasaw, Mercer

County, Ohio.

(b) APPLICABILITY.—Subsection (a) only applies to the grant

that was awarded to the Village of Chickasaw (Ohio Small Cities

CDBG Grant # C–W–03–283–1), for the period beginning September

1, 2003, and ending October 31, 2005, and in the amount of

$600,000.

(c) ENVIRONMENTAL REVIEWS.—Notwithstanding the provisions

of this section, the Village of Chickasaw must complete all appropriate environment reviews in a timely manner and to the satisfaction of the State of Ohio.

This division may be cited as the ‘‘Departments of Veterans

Affairs and Housing and Urban Development, and Independent

Agencies Appropriations Act, 2005’’.

DIVISION J—OTHER MATTERS

TITLE I—MISCELLANEOUS PROVISIONS AND OFFSETS

SEC. 101. For an additional amount for the Department of

Energy for the weatherization assistance program pursuant to 42

U.S.C. 6861 et seq. and notwithstanding section 3003(d)(2) of Public

Law 99–509, $230,000,000, to remain available until expended.

SEC. 102. Section 1201(a) of the Ronald W. Reagan National

Defense Authorization Act for Fiscal Year 2005 (Public Law 108–

375) is amended by striking ‘‘$300,000,000’’ in the matter preceding

paragraph (1) and inserting ‘‘$500,000,000’’.

SEC. 103. (a) The District of Columbia Appropriations Act,

2005 (Public Law 108–335) is amended as follows:

(1) The paragraph under the heading ‘‘CAPITAL OUTLAY’’

is amended by striking ‘‘For construction projects, an increase

of $1,087,649,000, of which $839,898,000 shall be from local

funds, $38,542,000 from Highway Trust funds, $37,000,000

from the Rights-of-way funds, $172,209,000 from Federal grant

funds, and a rescission of $361,763,000 from local funds appropriated under this heading in prior fiscal years, for a net

amount of $725,886,000, to remain available until expended;’’

and inserting ‘‘For construction projects, an increase of

$1,102,039,000, of which $839,898,000 shall be from local funds,

$38,542,000 from Highway Trust funds, $51,390,000 from the

Rights-of-way funds, $172,209,000 from Federal grant funds,

and a rescission of $361,763,000 from local funds appropriated

under this heading in prior fiscal years, for a net amount

of $740,276,000, to remain available until expended;’’.

(2) Section 340(a) is amended to read as follows:

‘‘(a) Section 603(e)(3)(E) of the Student Loan Marketing Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(E)) is

amended—

‘‘(1) by striking ‘and’ at the end of subclause (II);

‘‘(2) by striking the period at the end of subclause (III)

and inserting ‘; and’; and

‘‘(3) by adding at the end the following new subclause:

Ante, p. 1348.

Ante, p. 1338.

Ante, p. 2077.

Miscellaneous

Appropriations

and Offsets Act,

2005.

118 STAT. 3342 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘ ‘(IV) obtaining lease guarantees (in accordance with regulations promulgated by the Office

of Public Charter School Financing).’.’’.

(3) Section 342 is amended to read as follows:

‘‘SEC. 342. PUBLIC SCHOOL SERVICES TO CHARTER SCHOOLS. Section 2209(b) of the District of Columbia School Reform Act

of 1995 (sec. 38–1802.09(b), D.C. Official Code) is amended as

follows:

‘‘(1) In paragraph (1)—

‘‘(A) by amending subparagraph (A) to read as follows:

‘‘ ‘(A) IN GENERAL.—Notwithstanding any other provision of law, regulation, or order relating to the disposition

of a facility or property described in subparagraph (B),

the Mayor and the District of Columbia government shall

give a right of first offer with respect to any facility or

property described in subparagraph (B) not previously purchased, leased, or transferred, or under contract to be purchased, leased, or transferred, or the subject of a previously

proposed resolution submitted by the Mayor on or before

December 1, 2004, to the Council of the District of Columbia

seeking authority for disposition of such facility or property,

or under an Exclusive Rights Agreement executed on or

before December 1, 2004, to an eligible applicant whose

petition to establish a public charter school has been conditionally approved under section 2203(d)(2), or a Board of

Trustees, with respect to the purchase, lease, transfer,

or use of a facility or property described in subparagraph

(B).’;

‘‘(B) by amending subparagraph (B)(iii) to read as follows:

‘‘ ‘(iii) with respect to which—

‘‘ ‘(I) the Board of Education has transferred

jurisdiction to the Mayor and over which the Mayor

has jurisdiction on the effective date of this subclause; or

‘‘ ‘(II) over which the Mayor or any successor

agency gains jurisdiction after the effective date

of this subclause.’; and

‘‘(C) by adding at the end the following new subparagraph:

‘‘ ‘(C) TERMS OF PURCHASE OR LEASE.—The terms of

purchase or lease of a facility or property described in

subparagraph (B) shall—

‘‘ ‘(i) be negotiated by the Mayor in accordance

with written rules or regulations as determined by

the Mayor, and published in the District of Columbia

Register;

‘‘ ‘(ii) include rent or an acquisition price, as

applicable, that is at the appraised value of the property based on use of the property for school purposes;

and

‘‘ ‘(iii) include a lease period, if the property is

to be leased, of not less than 25 years, and renewable

for additional 25-year periods as long as the eligible

applicant or Board of Trustees maintains its charter.’.

‘‘(2) In paragraph (2)(A), by striking ‘first preference’ and

inserting ‘a right of first offer’.

Ante, p. 1348.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3343

‘‘(3) By adding at the end the following new paragraph:

‘‘ ‘(3) CONVERSION PUBLIC CHARTER SCHOOLS.—Any District

of Columbia public school that was approved to become a

conversion public charter school under section 2201 before the

effective date of this subsection or is approved to become a

conversion public charter school after the effective date of this

subsection, shall have the right to exclusively occupy the facilities the school occupied as a District of Columbia public school

under a lease for a period of not less than 25 years, renewable

for additional 25-year periods as long as the school maintains

its charter at the appraised value of the property based on

use of the property for school purposes.’.’’.

(4) Section 347 is amended by striking paragraphs (1)

and (2) and inserting the following:

‘‘(1) by striking subsection (f) and inserting the following:

‘‘ ‘(f) AUDIT.—The Board shall maintain its accounts according

to Generally Accepted Accounting Principles. The Board shall provide for an audit of the financial statements of the Board by

an independent certified public accountant in accordance with

Government auditing standards for financial audits issued by the

Comptroller General. The findings and recommendations of any

such audit shall be forwarded to the Mayor, the Council of the

District of Columbia, and the Office of the Chief Financial Officer

of the District of Columbia.’; and

‘‘(2) by adding at the end the following new subsection:

‘‘ ‘(h) CONTRACTING AND PROCUREMENT.—The Board shall have

the authority to solicit, award, and execute contracts independently

of the Office of Contracting and Procurement and the Chief Procurement Officer.’.’’.

(b) The amendments made by this section shall take effect

as if included in the enactment of the District of Columbia Appropriations Act, 2005.

SEC. 104. The Secretary of the Department of Homeland Security shall transfer up to $40,000,000 from funds appropriated to

the Coast Guard’s ‘‘Acquisition, Construction, and Improvements’’

account in fiscal year 2005 from the Rescue 21 project to the

HH–65 re-engining project, subject to 15-day advance notification

to the House and Senate Committees on Appropriations.

SEC. 105. Section 203(m) of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C 5133(m)) is

amended by striking ‘‘December 31, 2004’’ and inserting ‘‘December

31, 2005’’.

SEC. 106. Notwithstanding the amounts in the detailed funding

table included in House Report 108–774, the appropriation for

‘‘Transportation Security Administration, Maritime and Land Security’’ shall include the following: ‘‘Credentialing, $5,000,000; TWIC,

$15,000,000; Hazardous materials truck tracking, $2,000,000; Hazardous materials safety, $17,000,000; Enterprise staffing,

$24,000,000; Rail security, $12,000,000; Offsetting collections,

¥$27,000,000’’.

SEC. 107. The matter under the heading ‘‘Military Construction,

Navy and Marine Corps’’ in the Military Construction Appropriations Act, 2005 (division A of Public Law 108–324), is amended

by striking ‘‘$1,069,947,000’’ and inserting ‘‘$1,065,597,000’’ and

the matter under the heading ‘‘Military Construction, Naval

Reserve’’ in such Act is amended by striking ‘‘$44,246,000’’ and

inserting ‘‘$48,596,000’’.

Ante, p. 1222.

Ante, p. 1221.

42 USC 5133.

Effective date.

20 USC 1155

note.

Ante, p. 1352.

118 STAT. 3344 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 108. Notwithstanding any other provision of law, in addition to amounts otherwise made available in the Department of

Defense Appropriations Act, 2005 (Public Law 108–287), an additional $2,000,000 is hereby appropriated and shall be made available under the heading ‘‘Shipbuilding and Conversion, Navy’’, only

for the Secretary of the Navy for the purpose of acquiring a vessel

with the Coast Guard registration number 225115: Provided, That

the Secretary of the Navy shall provide for the transportation

of the vessel from its present location: Provided further, That the

Secretary of the Navy may lend, give, or otherwise dispose of

the vessel at his election pursuant to 10 U.S.C. 2572, 7545, or

7306, or using such procedures as the Secretary deems appropriate,

and to such recipient as the Secretary deems appropriate, without

regard to these provisions.

SEC. 109. DESIGNATION OF NATIONAL TREE.

(a) DESIGNATION.—Chapter 3 of title 36, United States Code,

is amended by adding at the end the following:

‘‘§ 305. National tree

‘‘The tree genus Quercus, commonly known as the oak tree,

is the national tree.’’.

(b) CONFORMING AMENDMENTS.—Such title is amended—

(1) in the table of contents for part A of subtitle I, by

striking ‘‘, and March’’ and inserting ‘‘March, and Tree’’;

(2) in the chapter heading for chapter 3, by striking ‘‘,

AND MARCH’’ and inserting ‘‘MARCH, AND TREE’’; and

(3) in the table of sections for chapter 3, by adding at

the end the following:

‘‘305. National tree.’’.

SEC. 110. Section 204(g) of the Employee Retirement Income

Security Act of 1974, as amended (29 U.S.C. 1054(g)) shall not

apply at any time, whether before or after the enactment of this

section, to an amendment adopted prior to June 7, 2004, by a

(multiemployer) pension plan covering primarily employees working

in the State of Alaska, to the extent that such amendment—

(1) provides for the suspension of the payment of benefits,

modifies the conditions under which the payment of benefits

is suspended, or suspends actuarial adjustments in benefit

payments in accordance with section 203(a)(3)(B) of said Act

(29 U.S.C. 1053(a)(3)(B)) and applicable regulations; and

(2) applies to participants who have not retired before

the adoption of such amendment.

SEC. 111. (a) The head of each Federal agency or department

shall—

(1) provide each new employee of the agency or department

with educational and training materials concerning the United

States Constitution as part of the orientation materials provided to the new employee; and

(2) provide educational and training materials concerning

the United States Constitution to each employee of the agency

or department on September 17 of each year.

(b) Each educational institution that receives Federal funds

for a fiscal year shall hold an educational program on the United

States Constitution on September 17 of such year for the students

served by the educational institution.

(c) Title 36 of the United States Code, is amended—

Government

employees.

36 USC 106 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3345

(1) in section 106—

(A) in the heading, by inserting ‘‘Constitution Day and’’

before ‘‘Citizenship Day’’;

(B) in subsection (a), by striking ‘‘is Citizenship Day.’’

and inserting ‘‘is designated as Constitution Day and Citizenship Day.’’;

(C) in subsection (b)—

(i) by inserting ‘‘Constitution Day and’’ before ‘‘Citizenship Day’’;

(ii) by striking ‘‘commemorates’’ and inserting

‘‘commemorate’’; and

(iii) by striking ‘‘recognizes’’ and inserting ‘‘recognize’’;

(D) in subsection (c), by inserting ‘‘Constitution Day

and’’ before ‘‘Citizenship Day’’ both places such term

appears; and

(E) in subsection (d), by inserting ‘‘Constitution Day

and’’ before ‘‘Citizenship Day’’; and

(2) in the item relating to section 106 of the table of

contents, by inserting ‘‘Constitution Day and’’ before ‘‘Citizenship Day’’.

(d) This section shall be without fiscal year limitation.

SEC. 112. (a) Notwithstanding any other provision of law or

any contract: (1) the rates in effect on November 15, 2004, under

the tariff (the ‘‘tariff’’) required by FCC 94–116 (reduced three

percent annually starting January 1, 2006) shall apply beginning

45 days after the date of enactment of this Act through December

31, 2009, to the sale and purchase of interstate switched wholesale

service elements offered by any provider originating or terminating

anywhere in the area (the ‘‘market’’) described in section 4.7 of

the tariff (collectively the ‘‘covered services’’); (2) beginning April

1, 2005, through December 31, 2009, no provider of covered services

may provide, and no purchaser of such services may obtain, covered

services in the same contract with services other than those that

originate or terminate in the market, if the covered services in

the contract represent more than 5 percent of such contract’s total

value; and (3) revenues collected hereunder (less costs) for calendar

years 2005 through 2009 shall be used to support and expand

the network in the market.

(b) Effective on the date of enactment of this Act: (1) the

conditions described in FCC 95–334 and the related conditions

imposed in FCC 94–116, FCC 95–427, and FCC 96–485; and (2)

all pending proceedings relating to the tariff, shall terminate. Thereafter, the State regulatory commission with jurisdiction over the

market shall treat all interexchange carriers serving the market

the same with respect to the provision of intrastate services, with

the goal of reducing regulation, and shall not require such carriers

to file reports based on the Uniform System of Accounts.

(c) Any provider may file to enforce this section (including

damages and injunctive relief) before the FCC (whose final order

may be appealed under 47 U.S.C. 402(a)) or under 47 U.S.C. 207

if the FCC fails to issue a final order within 90 days of a filing.

Nothing herein shall affect rate integration, carrier-of-last-resort

obligations of any carrier or its successor, or the purchase of covered

services by any rural telephone company (as defined in 47 U.S.C.

153(37)), or an affiliate under its control, for its provision of retail

interstate interexchange services originating in the market.

Effective date.

Applicability.

Deadline.

118 STAT. 3346 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 113. Direct loans, credits, insurance and guarantees of

the Export-Import Bank or its agents may be made available for

or in Libya, notwithstanding section 507 or similar provisions in

the Foreign Operations, Export Financing, and Related Programs

Appropriations Act, 2005, or prior acts making appropriations for

foreign operations, export financing, and related programs, if the

President determines that to do so is important to the national

security interests of the United States.

SEC. 114. (a) Section 146 of Public Law 108–199 is amended—

(1) by striking ‘‘section 386 of the Energy Policy Act of

2003’’ and inserting ‘‘section 116 of division C of Public Law

108–324’’;

(2) by striking ‘‘, except that upon that Act becoming law,

section 386 is amended through this Act:’’ and inserting ‘‘and

section 116 of division C of Public Law 108–324 is amended:’’;

(3) by striking ‘‘paragraph 386(b)(1)’’ and inserting ‘‘paragraph (b)(1) of section 116 of division C of Public Law 108–

324’’;

(4) by striking ‘‘paragraph 386(c)(2)’’ and inserting ‘‘paragraph (a)(2) of section 116 of division C of Public Law 108–

324’’; and

(5) by striking ‘‘paragraph 386(g)(4)’’ and inserting ‘‘paragraph (g)(4) of section 116 of division C of Public Law 108–

324.

(b) Section 116 (b) of division C of Public Law 108–324, the

Military Construction bill, is amended by adding a new paragraph

as follows:

‘‘(4) Such loan guarantee may be utilized only by the project

chosen by the Federal Energy Regulatory Commission as the

qualified project.’’.

SEC. 115. Any unobligated amount appropriated pursuant to

section 353(b) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (Public Law 105–277; 112 Stat. 2681–

303), shall be made available to complete the project described

in section 353(a) of that Act.

SEC. 116. (a) DESIGNATION OF NATIONAL VETERANS MEMORIAL.—The Mt. Soledad Veterans Memorial located within the

Soledad Natural Park in San Diego, California, which consists

of a 29 foot-tall cross and surrounding granite memorial walls

containing plaques engraved with the names and photographs of

veterans of the United States Armed Forces, is hereby designated

as a national memorial honoring veterans of the United States

Armed Forces.

(b) ACQUISITION AND ADMINISTRATION BY UNITED STATES.—

Not later than 90 days after the date on which the City of San

Diego, California, offers to donate the Mt. Soledad Veterans Memorial to the United States, the Secretary of the Interior shall accept,

on behalf of the United States, all right, title, and interest of

the City in and to the Mt. Soledad Veterans Memorial.

(c) ADMINISTRATION OF MEMORIAL.—Upon acquisition of the

Mt. Soledad Veterans Memorial by the United States, the Secretary

of the Interior shall administer the Mt. Soledad Veterans Memorial

as a unit of the National Park System, except that the Secretary

shall enter into a memorandum of understanding with the Mt.

Soledad Memorial Association for the continued maintenance by

the Association of the cross and surrounding granite memorial

walls and plaques of the Memorial.

Deadline.

California.

16 USC 431 note.

Ante, p. 1226.

Ante, p. 444.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3347

(d) LEGAL DESCRIPTION.—The Mt. Soledad Veterans Memorial

referred to in this section is all that portion of Pueblo lot 1265

of the Pueblo Lands of San Diego in the City and County of

San Diego, California, according to the map thereof prepared by

James Pascoe in 1879, a copy of which was filed in the office

of the County Recorder of San Diego County on November 14,

1921, and is known as miscellaneous map NO. 36, more particularly

described as follows: The area bounded by the back of the existing

inner sidewalk on top of Mt. Soledad, being also a circle with

a radius of 84 feet, the center of which circle is located as follows:

Beginning at the Southwesterly corner of such Pueblo Lot 1265,

such corner being South 17 degrees 14’33’’ East (Record South

17 degrees 14’09’’ East) 607.21 feet distant along the westerly

line of such Pueblo lot 1265 from the intersection with the North

line of La Jolla Scenic Drive South as described and dedicated

as parcel 2 of City Council Resolution NO. 216644 adopted August

25, 1976; thence North 39 degrees 59’24’’ East 1147.62 feet to

the center of such circle. The exact boundaries and legal description

of the Mt. Soledad Veterans Memorial shall be determined by

a survey prepared jointly by the City of San Diego and the Secretary

of the Interior. Upon acquisition of the Mt. Soledad Veterans Memorial by the United States, the boundaries of the Memorial may

not be expanded.

SEC. 117. Notwithstanding any other provision of law, except

section 551 of the Foreign Operations, Export Financing, and

Related Programs Appropriations Act, 2005, $80,000,000 of the

funds appropriated for the Department of Defense for fiscal year

2005 may be transferred with the concurrence of the Secretary

of Defense to the Department of State under ‘‘Peacekeeping Operations’’.

SEC. 118. In addition, for construction and related expenses

of a facility for the United States Institute of Peace, $100,000,000,

to remain available until expended.

SEC. 119. Notwithstanding any other provision of law, in addition to amounts otherwise provided in this or any other Act for

fiscal year 2005, the following amounts are appropriated: $2,000,000

for the Helen Keller National Center for Deaf-Blind Youths and

Adults for activities authorized under the Helen Keller National

Center Act; and for the Department of Health and Human Services,

Health Resources and Services Administration, $1,000,000 for the

Hospital for Special Surgery to establish a National Center for

Musculoskeletal Research, New York, New York, for facilities and

equipment; and for the Department of Health and Human Services,

Health Resources and Services Administration, $1,000,000 for the

Jesse Helms Nursing Center at Union Regional Medical Center,

Union County, North Carolina for facilities and equipment.

SEC. 120. In addition to any amounts provided in this or any

other Act for fiscal year 2005, $1,000,000 is appropriated for necessary expenses of the Benjamin A. Gilman Institute for Political

and International Studies program at the State University of New

York’s Orange County Community College in Orange, New York.

SEC. 121. WEIGHT LIMITATIONS.

The next to the last sentence of section 127(a) of title 23,

United States Code, is amended by striking ‘‘Interstate Route 95’’

and inserting ‘‘Interstate Routes 89, 93, and 95’’.

118 STAT. 3348 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 122. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby

rescinded an amount equal to 0.80 percent of—

(1) the budget authority provided (or obligation limitation

imposed) for fiscal year 2005 for any discretionary account

in divisions A through J of this Act and in any other fiscal

year 2005 appropriation Act (except any fiscal year 2005 supplemental appropriation Act, the Department of Homeland Security Appropriations Act, 2005, the Department of Defense

Appropriations Act, 2005, or the Military Construction Appropriations Act, 2005);

(2) the budget authority provided in any advance appropriation for fiscal year 2005 for any discretionary account in any

prior fiscal year appropriation Act; and

(3) the contract authority provided in fiscal year 2005 for

any program subject to limitation contained in any division

or appropriation Act subject to paragraph (1).

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately—

(1) to each discretionary account and each item of budget

authority described in such subsection; and

(2) within each such account and item, to each program,

project, and activity (with programs, projects, and activities

as delineated in the appropriation Act or accompanying reports

for the relevant fiscal year covering such account or item,

or for accounts and items not included in appropriation Acts,

as delineated in the most recently submitted President’s

budget).

This title may be cited as the ‘‘Miscellaneous Appropriations

and Offsets Act, 2005’’.

TITLE II—225TH ANNIVERSARY OF THE AMERICAN

REVOLUTION COMMEMORATION ACT

SEC. 201. SHORT TITLE.

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

SEC. 202. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds the following:

(1) The American Revolution, inspired by the spirit of liberty and independence among the inhabitants of the original

13 colonies of Great Britain, was an event of global significance

having a profound and lasting effect upon American Government, laws, culture, society, and values.

(2) The years 2000 through 2008 mark the 225th anniversary of the Revolutionary War.

(3) Every generation of American citizens should have an

opportunity to understand and appreciate the continuing legacy

of the American Revolution.

(4) This 225th anniversary provides an opportunity to

enhance public awareness and understanding of the impact

of the American Revolution’s legacy on the lives of citizens

today.

(5) Although the National Park Service administers battlefields, historical parks, historic sites, and programs that address

elements of the story of the American Revolution, there is

a need to establish partnerships that link sites and programs

36 USC note

prec. 101.

225th

Anniversary of

the American

Revolution

Commemoration

Act.

36 USC note

prec. 101.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3349

administered by the National Park Service with those of other

Federal and non-Federal entities in order to place the story

of the American Revolution in the broad context of its causes,

consequences, and meanings.

(6) The story and significance of the American Revolution

can best engage the American people through a national program of the National Park Service that links historic structures

and sites, routes, activities, community projects, exhibits, and

multimedia materials, in a manner that is both unified and

flexible.

(b) PURPOSES.—The purposes of this Act are as follows:

(1) To recognize the enduring importance of the American

Revolution in the lives of American citizens today.

(2) To authorize the National Park Service to coordinate,

connect, and facilitate Federal and non-Federal activities to

commemorate, honor, and interpret the history of the American

Revolution, its significance, and its relevance to the shape

and spirit of American Government and society.

SEC. 203. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION

COMMEMORATION PROGRAM.

(a) IN GENERAL.—The Secretary of the Interior (hereinafter

in this Act referred to as the ‘‘Secretary’’) shall establish a program

to be known as the ‘‘225th Anniversary of the American Revolution

Commemoration’’ (hereinafter in this Act referred to as the ‘‘225th

Anniversary’’). In administering the 225th Anniversary, the Secretary shall—

(1) produce and disseminate to appropriate persons educational materials, such as handbooks, maps, interpretive

guides, or electronic information related to the 225th Anniversary and the American Revolution;

(2) enter into appropriate cooperative agreements and

memoranda of understanding to provide technical assistance

under subsection (c);

(3) assist in the protection of resources associated with

the American Revolution;

(4) enhance communications, connections, and collaboration

among the National Park Service units and programs related

to the Revolutionary War;

(5) expand the research base for American Revolution

interpretation and education; and

(6) create and adopt an official, uniform symbol or device

for the theme ‘‘Lighting Freedom’s Flame: American Revolution,

225th Anniversary’’ and issue regulations for its use.

(b) ELEMENTS.—The 225th Anniversary shall encompass the

following elements:

(1) All units and programs of the National Park Service

determined by the Secretary to pertain to the American Revolution.

(2) Other governmental and nongovernmental sites, facilities, and programs of an educational, research, or interpretive

nature that are documented to be directly related to the American Revolution.

(3) Through the Secretary of State, the participation of

the Governments of the United Kingdom, France, the Netherlands, Spain, and Canada.

Regulations.

36 USC note

prec. 101.

118 STAT. 3350 PUBLIC LAW 108–447—DEC. 8, 2004

(c) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.—To achieve the purposes of this Act and to ensure

effective coordination of the Federal and non-Federal elements of

the 225th Anniversary with National Park Service units and programs, the Secretary may enter into cooperative agreements and

memoranda of understanding with, and provide technical assistance

to, the following:

(1) The heads of other Federal agencies, States, units of

local government, and private entities.

(2) In cooperation with the Secretary of State, the Governments of the United Kingdom, France, the Netherlands, Spain,

and Canada.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Secretary to carry out this Act $500,000

for each of fiscal years 2004 through 2009.

TITLE III—RURAL AIR SERVICE IMPROVEMENTS

SEC. 301. (a) SHORT TITLE.—This title may be cited as the

‘‘Rural Air Service Improvement Act of 2004’’.

(b) FURTHER AMENDMENTS.—The amendments made by this

section are further amendments to section 5402 of title 39, United

States Code, including the amendments made by section 3002 of

the 2002 Supplemental Appropriations Act for Further Recovery

From and Response To Terrorist Attacks on the United States

(Public Law 107–206) to that section of title 39, United States

Code.

(c) EXISTING MAINLINE CARRIERS.—Section 5402(a)(10) of title

39, United States Code, is amended by striking subparagraph (C)

and inserting the following:

‘‘(C) actually engaged in the carriage, on scheduled

service within the State of Alaska, of mainline nonpriority

bypass mail tendered to it under its designator code.’’.

(d) NONPRIORITY BYPASS MAIL.—Section 5402(g) of title 39,

United States Code, is amended by striking the matter preceding

paragraph (2) and inserting the following:

‘‘(g)(1)(A) The Postal Service, in selecting carriers of nonpriority

bypass mail to any point served by more than 1 carrier in the

State of Alaska, shall adhere to an equitable tender policy within

a qualified group of carriers, in accordance with the regulations

of the Postal Service, and shall, at a minimum, require that any

such carrier—

‘‘(i) hold a certificate of public convenience and necessity

issued under section 41102(a) of title 49;

‘‘(ii) operate at least to such point at least the number

of scheduled flights each week established under subparagraph

(B)(i);

‘‘(iii) exhibit an adherence to such scheduled flights; and

‘‘(iv) have provided scheduled service with at least the

number of scheduled noncontract flights each week established

under subparagraph (B)(ii) between 2 points within the State

of Alaska for at least 12 consecutive months with aircraft—

‘‘(I) up to 7,500 pounds payload capacity before being

selected as a carrier of nonpriority bypass mail at an

applicable intra-Alaska bush service mail rate; and

Rural Air Service

Improvement Act

of 2004.

39 USC 101 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3351

‘‘(II) over 7,500 pounds payload capacity before being

selected as a carrier of nonpriority bypass mail at the

intra-Alaska mainline service mail rate.

‘‘(B)(i) For purposes of subparagraph (A)(ii)—

‘‘(I) for aircraft described under subparagraph (A)(iv)(I) the

number is 3; and

‘‘(II) for aircraft described under subparagraph (A)(iv)(II),

the number is 2, except as may be provided under subparagraph

(C).

‘‘(ii) For purposes of subparagraph (A)(iv)—

‘‘(I) for aircraft described under subparagraph (A)(iv)(I),

the number is 3; and

‘‘(II) for aircraft described under subparagraph (A)(iv)(II),

for any week in any month before the effective date of the

Rural Air Service Improvement Act of 2004, the number is

3, and after such date, the number is 2.

‘‘(C) The Postal Service, after consultation with affected carriers, may establish for service by aircraft described under subparagraph (A)(iv)(II)—

‘‘(i) a larger number of flights than required under subparagraph (B)(i); or

‘‘(ii) the days that service will operate.’’.

(e) SUBCONTRACTS BY EXISTING MAINLINE CARRIERS.—Section

5402(g)(4) of title 39, United States Code, is amended by adding

at the end the following:

‘‘(C) A providing carrier selected under subparagraph (A) may

subcontract the transportation of nonpriority bypass mail to another

existing mainline carrier when additional or substitute aircraft

are temporarily needed to meet the delivery schedule of the Postal

Service or the carrier’s operating requirements. The providing carrier shall remain responsible for the mail from origin through

destination.’’.

(f) AIRCRAFT PREFERENCES FOR OTHER POSTAL PRODUCTS.—

Section 5402(g) of title 39, United States Code, is amended by

adding at the end the following:

‘‘(7) Nothing in this section shall preclude the Postal Service

from establishing by regulation aircraft preferences for the dispatch

of postal products other than nonpriority bypass mail.’’.

TITLE IV—VISA REFORM

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘L–1 Visa and H–1B Visa Reform

Act’’.

Subtitle A—L–1 Visa Reform

SEC. 411. SHORT TITLE.

This subtitle may be cited as the ‘‘L–1 Visa (Intracompany

Transferee) Reform Act of 2004’’.

SEC. 412. NONIMMIGRANT L–1 VISA CATEGORY.

(a) IN GENERAL.—Section 214(c)(2) of the Immigration and

Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the

end the following:

L–1 Visa

(Intracompany

Transferee)

Reform Act of

2004.

8 USC 1101 note.

L–1 Visa and

H–1B Visa

Reform Act.

8 USC 1101 note.

118 STAT. 3352 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(F) An alien who will serve in a capacity involving specialized

knowledge with respect to an employer for purposes of section

101(a)(15)(L) and will be stationed primarily at the worksite of

an employer other than the petitioning employer or its affiliate,

subsidiary, or parent shall not be eligible for classification under

section 101(a)(15)(L) if—

‘‘(i) the alien will be controlled and supervised principally

by such unaffiliated employer; or

‘‘(ii) the placement of the alien at the worksite of the

unaffiliated employer is essentially an arrangement to provide

labor for hire for the unaffiliated employer, rather than a

placement in connection with the provision of a product or

service for which specialized knowledge specific to the petitioning employer is necessary.’’.

(b) APPLICABILITY.—The amendment made by subsection (a)

shall apply to petitions filed on or after the effective date of this

subtitle, whether for initial, extended, or amended classification.

SEC. 413. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR

CERTAIN INTRACOMPANY TRANSFEREES.

(a) IN GENERAL.—Section 214(c)(2)(A) of the Immigration and

Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking

the last sentence (relating to reduction of the 1-year period of

continuous employment abroad to 6 months).

(b) APPLICABILITY.—The amendment made by subsection (a)

shall apply only to petitions for initial classification filed on or

after the effective date of this subtitle.

SEC. 414. MAINTENANCE OF STATISTICS BY THE DEPARTMENT OF

HOMELAND SECURITY.

(a) IN GENERAL.—The Department of Homeland Security shall

maintain statistics regarding petitions filed, approved, extended,

and amended with respect to nonimmigrants described in section

101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(L)), including the number of such nonimmigrants who

are classified on the basis of specialized knowledge and the number

of nonimmigrants who are classified on the basis of specialized

knowledge in order to work primarily at offsite locations.

(b) APPLICABILITY.—Subsection (a) shall apply to petitions filed

on or after the effective date of this subtitle.

SEC. 415. INSPECTOR GENERAL REPORT ON L VISA PROGRAM.

Not later than 6 months after the date of enactment of this

Act, the Inspector General of the Department of Homeland Security

shall, consistent with the authority granted the Department under

section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236),

examine and report to the Committees on the Judiciary of the

House of Representatives and the Senate on the vulnerabilities

and potential abuses in the visa program carried out under section

214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c))

with respect to nonimmigrants described in section 101(a)(15)(L)

of such Act (8 U.S.C. 1101(a)(15)(L)).

SEC. 416. ESTABLISHMENT OF TASK FORCE.

(a) ESTABLISHMENT.—Not later than 6 months after the date

of enactment of this Act, there shall be established an L Visa

Interagency Task Force that consists of representatives from the

Department of Homeland Security, the Department of Justice, and

Deadline.

8 USC 1184 note.

Deadline.

8 USC 1184 note.

8 USC 1380.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3353

the Department of State. The Secretaries of each Department and

each relevant bureau of the Department of Homeland Security

shall appoint designees to the L Visa Interagency Task Force.

The L Visa Interagency Task Force shall consult with other agencies

deemed appropriate.

(b) REPORT.—Not later than 6 months after the submission

of the report by the Inspector General of the Department of Homeland Security in accordance with section 6, the L Visa Interagency

Task Force shall report to the Committees on the Judiciary of

the House of Representatives and the Senate on the efforts to

implement the recommendations set forth by the Inspector General’s

report. The L Visa Interagency Task Force shall note specific areas

of agreement and disagreement, and make recommendations to

Congress on the findings of the Task Force, including any suggestions for legislation. The Task Force shall also review other additional issues as may be raised by the Inspector General’s report

or by the Task Force’s own deliberations regarding the policies

and purposes of the visa program relative to national goals and

transnational commerce.

SEC. 417. EFFECTIVE DATE.

This subtitle and the amendments made by this subtitle shall

take effect 180 days after the date of enactment of this Act.

Subtitle B—H–1B Visa Reform

SEC. 421. SHORT TITLE.

This subtitle may be cited as the ‘‘H–1B Visa Reform Act

of 2004’’.

SEC. 422. TEMPORARY WORKER PROVISIONS.

(a) ATTESTATION REQUIREMENTS FOR H–1B WORKERS.—Section

212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C.

1182(n)(1)(E)(ii)) is amended by striking ‘‘October 1, 2003,’’.

(b) H–1B EMPLOYER PETITIONS.—Section 214(c)(9) of the

Immigration and Nationality Act (8 U.S.C. 1184(c)(9)) is amended—

(1) in subparagraph (A), by striking ‘‘October 1, 2003’’;

(2) in subparagraph (B), by striking ‘‘$1,000’’ and inserting

‘‘$1,500’’; and

(3) in subparagraph (B), by inserting before the period

‘‘except that the fee shall be half the amount for each such

petition by any employer with not more than 25 full-time

equivalent employees who are employed in the United States

(determined by including any affiliate or subsidiary of such

employer)’’.

SEC. 423. H–1B PREVAILING WAGE LEVEL.

Section 212(p) of the Immigration and Nationality Act (8 U.S.C.

1182(p)) is amended by adding at the end the following:

‘‘(3) The prevailing wage required to be paid pursuant to subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be 100

percent of the wage determined pursuant to those sections.

‘‘(4) Where the Secretary of Labor uses, or makes available

to employers, a governmental survey to determine the prevailing

wage, such survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision.

H–1B Visa

Reform Act of

2004.

8 USC 1101 note.

8 USC 1184 note.

Deadline.

118 STAT. 3354 PUBLIC LAW 108–447—DEC. 8, 2004

Where an existing government survey has only 2 levels, 2 intermediate levels may be created by dividing by 3, the difference

between the 2 levels offered, adding the quotient thus obtained

to the first level and subtracting that quotient from the second

level.’’.

SEC. 424. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.

(a) SECRETARY OF LABOR INVESTIGATIVE AUTHORITY.—

(1) IN GENERAL.—Section 212(n)(2) of the Immigration and

Nationality Act (8 U.S.C. 1182(n)(2)) is amended by inserting

after subparagraph (F) the following:

‘‘(G)(i) The Secretary of Labor may initiate an investigation

of any employer that employs nonimmigrants described in section

101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable cause

to believe that the employer is not in compliance with this subsection. In the case of an investigation under this clause, the

Secretary of Labor (or the acting Secretary in the case of the

absence of disability of the Secretary of Labor) shall personally

certify that reasonable cause exists and shall approve commencement of the investigation. The investigation may be initiated for

reasons other than completeness and obvious inaccuracies by the

employer in complying with this subsection.

‘‘(ii) If the Secretary of Labor receives specific credible information from a source who is likely to have knowledge of an employer’s

practices or employment conditions, or an employer’s compliance

with the employer’s labor condition application under paragraph

(1), and whose identity is known to the Secretary of Labor, and

such information provides reasonable cause to believe that the

employer has committed a willful failure to meet a condition of

paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has

engaged in a pattern or practice of failures to meet such a condition,

or has committed a substantial failure to meet such a condition

that affects multiple employees, the Secretary of Labor may conduct

an investigation into the alleged failure or failures. The Secretary

of Labor may withhold the identity of the source from the employer,

and the source’s identity shall not be subject to disclosure under

section 552 of title 5, United States Code.

‘‘(iii) The Secretary of Labor shall establish a procedure for

any person desiring to provide to the Secretary of Labor information

described in clause (ii) that may be used, in whole or in part,

as the basis for the commencement of an investigation described

in such clause, to provide the information in writing on a form

developed and provided by the Secretary of Labor and completed

by or on behalf of the person. The person may not be an officer

or employee of the Department of Labor, unless the information

satisfies the requirement of clause (iv)(II) (although an officer or

employee of the Department of Labor may complete the form on

behalf of the person).

‘‘(iv) Any investigation initiated or approved by the Secretary

of Labor under clause (ii) shall be based on information that satisfies

the requirements of such clause and that—

‘‘(I) originates from a source other than an officer or

employee of the Department of Labor; or

‘‘(II) was lawfully obtained by the Secretary of Labor in

the course of lawfully conducting another Department of Labor

investigation under this Act of any other Act.

Procedures.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3355

‘‘(v) The receipt by the Secretary of Labor of information submitted by an employer to the Attorney General or the Secretary

of Labor for purposes of securing the employment of a nonimmigrant

described in section 101(a)(15)(H)(i)(b) shall not be considered a

receipt of information for purposes of clause (ii).

‘‘(vi) No investigation described in clause (ii) (or hearing

described in clause (viii) based on such investigation) may be conducted with respect to information about a failure to meet a condition described in clause (ii), unless the Secretary of Labor receives

the information not later than 12 months after the date of the

alleged failure.

‘‘(vii) The Secretary of Labor shall provide notice to an employer

with respect to whom there is reasonable cause to initiate an

investigation described in clauses (i) or (ii), prior to the commencement of an investigation under such clauses, of the intent to conduct

an investigation. The notice shall be provided in such a manner,

and shall contain sufficient detail, to permit the employer to respond

to the allegations before an investigation is commenced. The Secretary of Labor is not required to comply with this clause if the

Secretary of Labor determines that to do so would interfere with

an effort by the Secretary of Labor to secure compliance by the

employer with the requirements of this subsection. There shall

be no judicial review of a determination by the Secretary of Labor

under this clause.

‘‘(viii) An investigation under clauses (i) or (ii) may be conducted

for a period of up to 60 days. If the Secretary of Labor determines

after such an investigation that a reasonable basis exists to make

a finding that the employer has committed a willful failure to

meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F),

or (1)(G)(i)(I), has engaged in a pattern or practice of failures

to meet such a condition, or has committed a substantial failure

to meet such a condition that affects multiple employees, the Secretary of Labor shall provide for notice of such determination to

the interested parties and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, within 120

days after the date of the determination. If such a hearing is

requested, the Secretary of Labor shall make a finding concerning

the matter by not later than 120 days after the date of the hearing.’’.

(2) RETROACTIVE.—The amendment made by paragraph (1)

shall take effect as if enacted on October 1, 2003.

(b) GOOD FAITH COMPLIANCE OR CONFORMITY.—Section

212(n)(2) of the Immigration and Nationality Act (8 U.S.C.

1182(n)(2)) is amended—

(1) by redesignating subparagraph (H) as subparagraph

(I); and

(2) by inserting after subparagraph (G), as added by subsection (a)(1), the following:

‘‘(H)(i) Except as provided in clauses (ii) and (iii), a person

or entity is considered to have complied with the requirements

of this subsection, notwithstanding a technical or procedural failure

to meet such requirements, if there was a good faith attempt

to comply with the requirements.

‘‘(ii) Clause (i) shall not apply if—

‘‘(I) the Department of Labor (or another enforcement

agency) has explained to the person or entity the basis for

the failure;

Effective date.

8 USC 1182 note.

Deadline.

Notice.

Notice.

118 STAT. 3356 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(II) the person or entity has been provided a period of

not less than 10 business days (beginning after the date of

the explanation) within which to correct the failure; and

‘‘(III) the person or entity has not corrected the failure

voluntarily within such period.

‘‘(iii) A person or entity that, in the course of an investigation, is found to have violated the prevailing wage requirements

set forth in paragraph (1)(A), shall not be assessed fines or

other penalties for such violation if the person or entity can

establish that the manner in which the prevailing wage was

calculated was consistent with recognized industry standards

and practices.

‘‘(iv) Clauses (i) and (iii) shall not apply to a person or

entity that has engaged in or is engaging in a pattern or

practice of willful violations of this subsection.’’.

(c) SECRETARY OF LABOR REPORT.—Not later than January

31 of each year, the Secretary of Labor shall report to the Committees on the Judiciary of the Senate and the House of Representatives

on the investigations undertaken based on—

(1) the authorities described in clauses (i) and (ii) of section

212(n)(2)(G) of the Immigration and Nationality Act (8 U.S.C.

1182(n)(2)(G)(i) and (ii)); and

(2) the expenditures by the Secretary of Labor described

in section 286(v)(2)(D) of the Immigration and Nationality Act

(8 U.S.C. 1356(v)(2)(D)).

SEC. 425. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITATIONS ON H–1B NONIMMIGRANTS.

(a) IN GENERAL.—Section 214(g)(5) of the Immigration and

Nationality Act (8 U.S.C. 1184(g)(5)) is amended—

(1) in the matter preceding subparagraph (A), by striking

‘‘is employed (or has received an offer of employment) at’’;

(2) in subparagraph (A)—

(A) by inserting ‘‘is employed (or has received an offer

of employment) at’’ before ‘‘an institution’’; and

(B) by striking ‘‘or’’ at the end;

(3) in subparagraph (B)—

(A) by inserting ‘‘is employed (or has received an offer

of employment) at’’ before ‘‘a nonprofit’’; and

(B) by striking the period and inserting ‘‘; or’’; and

(4) by adding at the end the following:

‘‘(C) has earned a master’s or higher degree from a United

States institution of higher education (as defined in section

101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)),

until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.’’.

(b) STATISTICS.—Beginning on the date of enactment of this

Act, the Secretary of Homeland Security shall maintain statistical

information on the country of origin and occupation of, educational

level maintained by, and compensation paid to, each alien who

is issued a visa or otherwise provided nonimmigrant status and

is exempt under section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) for each fiscal year. The statistical

information shall be included in the annual report to Congress

under section 416(c) of the American Competitiveness and

Workforce Improvement Act of 1998 (Public Law 105–277; 112

Stat. 2681–655).

8 USC 1184 note.

8 USC 1381.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3357

SEC. 426. FRAUD PREVENTION AND DETECTION FEE.

(a) IMPOSITION OF FEE.—Section 214(c) of the Immigration and

Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the

end the following:

‘‘(12)(A) In addition to any other fees authorized by law, the

Secretary of Homeland Security shall impose a fraud prevention

and detection fee on an employer filing a petition under paragraph

(1)—

‘‘(i) initially to grant an alien nonimmigrant status

described in subparagraph (H)(i)(b) or (L) of section 101(a)(15);

or

‘‘(ii) to obtain authorization for an alien having such status

to change employers.

‘‘(B) In addition to any other fees authorized by law, the Secretary of State shall impose a fraud prevention and detection fee

on an alien filing an application abroad for a visa authorizing

admission to the United States as a nonimmigrant described in

section 101(a)(15)(L), if the alien is covered under a blanket petition

described in paragraph (2)(A).

‘‘(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $500.

‘‘(D) The fee imposed under subparagraph (A) or (B) shall

only apply to principal aliens and not to the spouses or children

who are accompanying or following to join such principal aliens.

‘‘(E) Fees collected under this paragraph shall be deposited

in the Treasury in accordance with section 286(v).’’.

(b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.—Section 286

of the Immigration and Nationality Act (8 U.S.C. 1356) is amended

by adding at the end the following:

‘‘(v) H–1B AND L FRAUD PREVENTION AND DETECTION

ACCOUNT.—

‘‘(1) IN GENERAL.—There is established in the general fund

of the Treasury a separate account, which shall be known

as the ‘H–1B and L Fraud Prevention and Detection Account’.

Notwithstanding any other provision of law, there shall be

deposited as offsetting receipts into the account all fees collected

under section 214(c)(12).

‘‘(2) USE OF FEES TO COMBAT FRAUD.—

‘‘(A) SECRETARY OF STATE.—One-third of the amounts

deposited into the H–1B and L Fraud Prevention and

Detection Account shall remain available to the Secretary

of State until expended for programs and activities at

United States embassies and consulates abroad—

‘‘(i) to increase the number diplomatic security personnel assigned exclusively to the function of preventing and detecting fraud by applicants for visas

described in subparagraph (H)(i) or (L) of section

101(a)(15);

‘‘(ii) otherwise to prevent and detect such fraud

pursuant to the terms of a memorandum of understanding or other cooperative agreement between the

Secretary of State and the Secretary of Homeland Security; and

‘‘(iii) upon request by the Secretary of Homeland

Security, to assist such Secretary in carrying out the

fraud prevention and detection programs and activities

described in subparagraph (B).

118 STAT. 3358 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(B) SECRETARY OF HOMELAND SECURITY.—One-third

of the amounts deposited into the H–1B and L Fraud

Prevention and Detection Account shall remain available

to the Secretary of Homeland Security until expended for

programs and activities to prevent and detect fraud with

respect to petitions under paragraph (1) or (2)(A) of section

214(c) to grant an alien nonimmigrant status described

in subparagraph (H)(i) or (L) of section 101(a)(15).

‘‘(C) SECRETARY OF LABOR.—One-third of the amounts

deposited into the H–1B and L Fraud Prevention and

Detection Account shall remain available to the Secretary

of Labor until expended for enforcement programs and

activities described in section 212(n).

‘‘(D) CONSULTATION.—The Secretary of State, the Secretary of Homeland Security, and the Secretary of Labor

shall consult one another with respect to the use of the

funds in the H–1B and L Fraud Prevention and Detection

Account.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of enactment of this Act, and the

fees imposed under such amendments shall apply to petitions under

section 214(c) of the Immigration and Nationality Act, and applications for nonimmigrant visas under section 222 of such Act, filed

on or after the date that is 90 days after the date of the enactment

of this Act.

SEC. 427. CHANGE OF FEE FORMULA.

Section 286(s) of the Immigration and Nationality Act (8 U.S.C.

1356(s)) is amended—

(1) in paragraph (2), by striking ‘‘55 percent’’ and inserting

‘‘50 percent’’;

(2) in paragraph (3), by striking ‘‘22 percent’’ and inserting

‘‘30 percent’’;

(3) in paragraph (4)(A), by striking ‘‘15 percent’’ and

inserting ‘‘10 percent’’;

(4) in paragraph (5)—

(A) by striking ‘‘4 percent’’ and inserting ‘‘5 percent’’;

and

(B) by striking ‘‘Attorney General’’ each place that

term appears and inserting ‘‘Secretary of Homeland Security’’; and

(5) in paragraph (6), by striking ‘‘Beginning with fiscal

year 2000,’’ and all that follows through ‘‘within a 7-day period.’’

and inserting ‘‘Beginning with fiscal year 2000, 5 percent of

the amounts deposited into the H–1B Nonimmigrant Petitioner

Account shall remain available to the Secretary of Labor until

expended for decreasing the processing time for applications

under section 212(n)(1).’’.

SEC. 428. GRANTS FOR JOB TRAINING FOR EMPLOYMENT IN HIGH

GROWTH INDUSTRIES.

Section 414(c) of the American Competitiveness and Workforce

Improvement Act of 1998 (112 Stat. 2681–653) is amended to read

as follows:

‘‘(c) JOB TRAINING GRANTS.—

‘‘(1) IN GENERAL.—The Secretary of Labor shall use funds

available under section 286(s)(2) of the Immigration and

Nationality Act (8 U.S.C. 1356(s)(2)) to award grants to eligible

29 USC 2916

note.

29 USC 2916a.

8 USC 1184 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3359

entities to provide job training and related activities for workers

to assist them in obtaining or upgrading employment in industries and economic sectors identified pursuant to paragraph

(4) that are projected to experience significant growth and

ensure that job training and related activities funded by such

grants are coordinated with the public workforce investment

system.

‘‘(2) USE OF FUNDS.—

‘‘(A) TRAINING PROVIDED.—Funds under this subsection

may be used to provide job training services and related

activities that are designed to assist workers (including

unemployed and employed workers) in gaining the skills

and competencies needed to obtain or upgrade career ladder

employment positions in the industries and economic sectors identified pursuant to paragraph (4).

‘‘(B) ENHANCED TRAINING PROGRAMS AND INFORMATION.—In order to facilitate the provision of job training

services described in subparagraph (A), funds under this

subsection may be used to assist in the development and

implementation of model activities such as developing

appropriate curricula to build core competencies and train

workers, identifying and disseminating career and skill

information, and increasing the integration of community

and technical college activities with activities of businesses

and the public workforce investment system to meet the

training needs for the industries and economic sectors

identified pursuant to paragraph (4).

‘‘(3) ELIGIBLE ENTITIES.—Grants under this subsection may

be awarded to partnerships of private and public sector entities,

which may include—

‘‘(A) businesses or business-related nonprofit organizations, such as trade associations;

‘‘(B) education and training providers, including

community colleges and other community-based organizations; and

‘‘(C) entities involved in administering the workforce

investment system established under title I of the

Workforce Investment Act of 1998, and economic development agencies.

‘‘(4) HIGH GROWTH INDUSTRIES AND ECONOMIC SECTORS.—

For purposes of this subsection, the Secretary of Labor, in

consultation with State workforce investment boards, shall

identify industries and economic sectors that are projected to

experience significant growth, taking into account appropriate

factors, such as the industries and sectors that—

‘‘(A) are projected to add substantial numbers of new

jobs to the economy;

‘‘(B) are being transformed by technology and innovation requiring new skill sets for workers;

‘‘(C) are new and emerging businesses that are projected to grow; or

‘‘(D) have a significant impact on the economy overall

or on the growth of other industries and economic sectors.

‘‘(5) EQUITABLE DISTRIBUTION.—In awarding grants under

this subsection, the Secretary of Labor shall ensure an equitable

distribution of such grants across geographically diverse areas.

118 STAT. 3360 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(6) LEVERAGING OF RESOURCES AND AUTHORITY TO REQUIRE

MATCH.—

‘‘(A) LEVERAGING OF RESOURCES.—In awarding grants

under this subsection, the Secretary of Labor shall take

into account, in addition to other factors the Secretary

determines are appropriate—

‘‘(i) the extent to which resources other than the

funds provided under this subsection will be made

available by the eligible entities applying for grants

to support the activities carried out under this subsection; and

‘‘(ii) the ability of such entities to continue to carry

out and expand such activities after the expiration

of the grants.

‘‘(B) AUTHORITY TO REQUIRE MATCH.—The Secretary

of Labor may require the provision of specified levels of

a matching share of cash or noncash resources from

resources other than the funds provided under this subsection for projects funded under this subsection.

‘‘(7) PERFORMANCE ACCOUNTABILITY.—The Secretary of

Labor shall require grantees to report on the employment outcomes obtained by workers receiving training under this subsection using indicators of performance that are consistent with

other indicators used for employment and training programs

administered by the Secretary, such as entry into employment,

retention in employment, and increases in earnings. The Secretary of Labor may also require grantees to participate in

evaluations of projects carried out under this subsection.’’.

SEC. 429. NATIONAL SCIENCE FOUNDATION LOW-INCOME SCHOLARSHIP PROGRAM.

(a) EXPANSION OF ELIGIBILITY.—Section 414(d)(2)(A)(iii) of the

American Competitiveness and Workforce Improvement Act of 1998

(42 U.S.C. 1869c(d)(2)(A)(iii)) is amended by striking ‘‘or computer

science.’’ and inserting ‘‘computer science, or other technology and

science programs designated by the Director.’’.

(b) INCREASE IN AWARD AMOUNT.—Section 414(d)(3) of the

American Competitiveness and Workforce Improvement Act of 1998

(42 U.S.C. 1869c(d)(3)) is amended by striking ‘‘$3,125 per year’’

and inserting ‘‘$10,000 per year’’.

(c) FUNDS.—Section 414(d)(4) of the American Competitiveness

and Workforce Improvement Act of 1998 (42 U.S.C. 1869c(d)(4))

is amended by adding at the end the following: ‘‘The Director

may use no more than 50 percent of such funds for undergraduate

programs for curriculum development, professional and workforce

development, and to advance technological education. Funds for

these other programs may be used for purposes other than scholarships.’’.

(d) PUBLICATION OF ELIGIBLE PROGRAMS.—Section 414(d) of

the American Competitiveness and Workforce Improvement Act

of 1998 (42 U.S.C. 1869c(d)) is amended by adding at the end

the following:

‘‘(5) FEDERAL REGISTER.—Not later than 60 days after the

date of enactment of the L–1 Visa and H–1B Visa Reform

Act, the Director shall publish in the Federal Register a list

of eligible programs of study.’’.

Deadline.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3361

SEC. 430. EFFECTIVE DATES.

(a) IN GENERAL.—Except as provided in subsection (b), this

subtitle and the amendments made by this subtitle shall take

effect 90 days after the date of enactment of this Act.

(b) EXCEPTIONS.—The amendments made by sections 422(b),

426(a), and 427 shall take effect upon the date of enactment of

this Act.

TITLE V—NATIONAL AVIATION

HERITAGE AREA

SEC. 501. SHORT TITLE.

This title may be cited as the ‘‘National Aviation Heritage

Area Act’’.

SEC. 502. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds the following:

(1) Few technological advances have transformed the world

or our Nation’s economy, society, culture, and national character

as the development of powered flight.

(2) The industrial, cultural, and natural heritage legacies

of the aviation and aerospace industry in the State of Ohio

are nationally significant.

(3) Dayton, Ohio, and other defined areas where the

development of the airplane and aerospace technology established our Nation’s leadership in both civil and military aeronautics and astronautics set the foundation for the 20th Century to be an American Century.

(4) Wright-Patterson Air Force Base in Dayton, Ohio, is

the birthplace, the home, and an integral part of the future

of aerospace.

(5) The economic strength of our Nation is connected

integrally to the vitality of the aviation and aerospace industry,

which is responsible for an estimated 11,200,000 American

jobs.

(6) The industrial and cultural heritage of the aviation

and aerospace industry in the State of Ohio includes the social

history and living cultural traditions of several generations.

(7) The Department of the Interior is responsible for protecting and interpreting the Nation’s cultural and historic

resources, and there are significant examples of these resources

within Ohio to merit the involvement of the Federal Government to develop programs and projects in cooperation with

the Aviation Heritage Foundation, Incorporated, the State of

Ohio, and other local and governmental entities to adequately

conserve, protect, and interpret this heritage for the educational

and recreational benefit of this and future generations of Americans, while providing opportunities for education and revitalization.

(8) Since the enactment of the Dayton Aviation Heritage

Preservation Act of 1992 (Public Law 102–419), partnerships

among the Federal, State, and local governments and the private sector have greatly assisted the development and preservation of the historic aviation resources in the Miami Valley.

(9) An aviation heritage area centered in Southwest Ohio

is a suitable and feasible management option to increase

16 USC 461 note.

16 USC 461 note.

National

Aviation

Heritage Area

Act.

8 USC 1182 note.

118 STAT. 3362 PUBLIC LAW 108–447—DEC. 8, 2004

collaboration, promote heritage tourism, and build on the established partnerships among Ohio’s historic aviation resources

and related sites.

(10) A critical level of collaboration among the historic

aviation resources in Southwest Ohio cannot be achieved without a congressionally established national heritage area and

the support of the National Park Service and other Federal

agencies which own significant historic aviation-related sites

in Ohio.

(11) The Aviation Heritage Foundation, Incorporated,

would be an appropriate management entity to oversee the

development of the National Aviation Heritage Area.

(12) Five National Park Service and Dayton Aviation Heritage Commission studies and planning documents: ‘‘Study of

Alternatives: Dayton’s Aviation Heritage’’, ‘‘Dayton Aviation

Heritage National Historical Park Suitability/Feasibility

Study’’, ‘‘Dayton Aviation Heritage General Management Plan’’,

‘‘Dayton Historic Resources Preservation and Development

Plan’’, and Heritage Area Concept Study, demonstrated that

sufficient historical resources exist to establish the National

Aviation Heritage Area.

(13) With the advent of the 100th anniversary of the first

powered flight in 2003, it is recognized that the preservation

of properties nationally significant in the history of aviation

is an important goal for the future education of Americans.

(14) Local governments, the State of Ohio, and private

sector interests have embraced the heritage area concept and

desire to enter into a partnership with the Federal Government

to preserve, protect, and develop the Heritage Area for public

benefit.

(15) The National Aviation Heritage Area would complement and enhance the aviation-related resources within the

National Park Service, especially the Dayton Aviation Heritage

National Historical Park, Ohio.

(b) PURPOSE.—The purpose of this title is to establish the

Heritage Area to—

(1) encourage and facilitate collaboration among the facilities, sites, organizations, governmental entities, and educational institutions within the Heritage Area to promote heritage tourism and to develop educational and cultural programs

for the public;

(2) preserve and interpret for the educational and inspirational benefit of present and future generations the unique

and significant contributions to our national heritage of certain

historic and cultural lands, structures, facilities, and sites

within the National Aviation Heritage Area;

(3) encourage within the National Aviation Heritage Area

a broad range of economic opportunities enhancing the quality

of life for present and future generations;

(4) provide a management framework to assist the State

of Ohio, its political subdivisions, other areas, and private

organizations, or combinations thereof, in preparing and implementing an integrated Management Plan to conserve their

aviation heritage and in developing policies and programs that

will preserve, enhance, and interpret the cultural, historical,

natural, recreation, and scenic resources of the Heritage Area;

and

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3363

(5) authorize the Secretary to provide financial and technical assistance to the State of Ohio, its political subdivisions,

and private organizations, or combinations thereof, in preparing

and implementing the private Management Plan.

SEC. 503. DEFINITIONS.

For purposes of this title:

(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Foundation.

(2) FINANCIAL ASSISTANCE.—The term ‘‘financial assistance’’

means funds appropriated by Congress and made available

to the management entity for the purpose of preparing and

implementing the Management Plan.

(3) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the

National Aviation Heritage Area established by section 104

to receive, distribute, and account for Federal funds appropriated for the purpose of this title.

(4) MANAGEMENT PLAN.—The term ‘‘Management Plan’’

means the management plan for the Heritage Area developed

under section 106.

(5) MANAGEMENT ENTITY.—The term ‘‘management entity’’

means the Aviation Heritage Foundation, Incorporated (a nonprofit corporation established under the laws of the State of

Ohio).

(6) PARTNER.—The term ‘‘partner’’ means a Federal, State,

or local governmental entity, organization, private industry,

educational institution, or individual involved in promoting the

conservation and preservation of the cultural and natural

resources of the Heritage Area.

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(8) TECHNICAL ASSISTANCE.—The term ‘‘technical assistance’’ means any guidance, advice, help, or aid, other than

financial assistance, provided by the Secretary.

SEC. 504. NATIONAL AVIATION HERITAGE AREA.

(a) ESTABLISHMENT.—There is established in the States of Ohio

and Indiana, the National Aviation Heritage Area.

(b) BOUNDARIES.—The Heritage Area shall include the following:

(1) A core area consisting of resources in Montgomery,

Greene, Warren, Miami, Clark, Champaign, Shelby, and

Auglaize Counties in Ohio.

(2) The Neil Armstrong Air & Space Museum, Wapakoneta,

Ohio.

(3) Sites, buildings, and districts within the core area recommended by the Management Plan.

(c) MAP.—A map of the Heritage Area shall be included in

the Management Plan. The map shall be on file in the appropriate

offices of the National Park Service, Department of the Interior.

(d) MANAGEMENT ENTITY.—The management entity for the

Heritage Area shall be the Aviation Heritage Foundation.

SEC. 505. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

(a) AUTHORITIES.—For purposes of implementing the Management Plan, the management entity may use Federal funds made

available through this title to—

16 USC 461 note.

Ohio.

Indiana.

16 USC 461 note.

16 USC 461 note.

118 STAT. 3364 PUBLIC LAW 108–447—DEC. 8, 2004

(1) make grants to, and enter into cooperative agreements

with, the State of Ohio and political subdivisions of that State,

private organizations, or any person;

(2) hire and compensate staff; and

(3) enter into contracts for goods and services.

(b) DUTIES.—The management entity shall—

(1) develop and submit to the Secretary for approval the

proposed Management Plan in accordance with section 106;

(2) give priority to implementing actions set forth in the

Management Plan, including taking steps to assist units of

government and nonprofit organizations in preserving resources

within the Heritage Area;

(3) consider the interests of diverse governmental, business,

and nonprofit groups within the Heritage Area in developing

and implementing the Management Plan;

(4) maintain a collaboration among the partners to promote

heritage tourism and to assist partners to develop educational

and cultural programs for the public;

(5) encourage economic viability in the Heritage Area consistent with the goals of the Management Plan;

(6) assist units of government and nonprofit organizations

in—

(A) establishing and maintaining interpretive exhibits

in the Heritage Area;

(B) developing recreational resources in the Heritage

Area;

(C) increasing public awareness of and appreciation

for the historical, natural, and architectural resources and

sites in the Heritage Area; and

(D) restoring historic buildings that relate to the purposes of the Heritage Area;

(7) conduct public meetings at least quarterly regarding

the implementation of the Management Plan;

(8) submit substantial amendments to the Management

Plan to the Secretary for the approval of the Secretary; and

(9) for any year in which Federal funds have been received

under this title—

(A) submit an annual report to the Secretary that

sets forth the accomplishments of the management entity

and its expenses and income;

(B) make available to the Secretary for audit all records

relating to the expenditure of such funds and any matching

funds; and

(C) require, with respect to all agreements authorizing

expenditure of Federal funds by other organizations, that

the receiving organizations make available to the Secretary

for audit all records concerning the expenditure of such

funds.

(c) USE OF FEDERAL FUNDS.—

(1) IN GENERAL.—The management entity shall not use

Federal funds received under this title to acquire real property

or an interest in real property.

(2) OTHER SOURCES.—Nothing in this title precludes the

management entity from using Federal funds from other

sources for authorized purposes.

Reports.

Deadlines.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3365

SEC. 506. MANAGEMENT PLAN.

(a) PREPARATION OF PLAN.—Not later than 3 years after the

date of the enactment of this title, the management entity shall

submit to the Secretary for approval a proposed Management Plan

that shall take into consideration State and local plans and involve

residents, public agencies, and private organizations in the Heritage

Area.

(b) CONTENTS.—The Management Plan shall incorporate an

integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic,

and recreational resources of the Heritage Area and shall include

the following:

(1) An inventory of the resources contained in the core

area of the Heritage Area, including the Dayton Aviation Heritage Historical Park, the sites, buildings, and districts listed

in section 202 of the Dayton Aviation Heritage Preservation

Act of 1992 (Public Law 102–419), and any other property

in the Heritage Area that is related to the themes of the

Heritage Area and that should be preserved, restored, managed,

or maintained because of its significance.

(2) An assessment of cultural landscapes within the Heritage Area.

(3) Provisions for the protection, interpretation, and enjoyment of the resources of the Heritage Area consistent with

the purposes of this title.

(4) An interpretation plan for the Heritage Area.

(5) A program for implementation of the Management Plan

by the management entity, including the following:

(A) Facilitating ongoing collaboration among the partners to promote heritage tourism and to develop educational and cultural programs for the public.

(B) Assisting partners planning for restoration and

construction.

(C) Specific commitments of the partners for the first

5 years of operation.

(6) The identification of sources of funding for implementing

the plan.

(7) A description and evaluation of the management entity,

including its membership and organizational structure.

(c) DISQUALIFICATION FROM FUNDING.—If a proposed Management Plan is not submitted to the Secretary within 3 years of

the date of the enactment of this title, the management entity

shall be ineligible to receive additional funding under this title

until the date on which the Secretary receives the proposed Management Plan.

(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—The

Secretary, in consultation with the State of Ohio, shall approve

or disapprove the proposed Management Plan submitted under

this title not later than 90 days after receiving such proposed

Management Plan.

(e) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a proposed Management Plan, the Secretary shall advise

the management entity in writing of the reasons for the disapproval

and shall make recommendations for revisions to the proposed

Management Plan. The Secretary shall approve or disapprove a

proposed revision within 90 days after the date it is submitted.

Deadline.

Deadline.

Deadline.

16 USC 461 note.

118 STAT. 3366 PUBLIC LAW 108–447—DEC. 8, 2004

(f) APPROVAL OF AMENDMENTS.—The Secretary shall review

and approve substantial amendments to the Management Plan.

Funds appropriated under this title may not be expended to implement any changes made by such amendment until the Secretary

approves the amendment.

SEC. 507. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL

AGENCIES.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon the request

of the management entity, the Secretary may provide technical

assistance, on a reimbursable or nonreimbursable basis, and financial assistance to the Heritage Area to develop and implement

the management plan. The Secretary is authorized to enter into

cooperative agreements with the management entity and other

public or private entities for this purpose. In assisting the Heritage

Area, the Secretary shall give priority to actions that in general

assist in—

(1) conserving the significant natural, historic, cultural,

and scenic resources of the Heritage Area; and

(2) providing educational, interpretive, and recreational

opportunities consistent with the purposes of the Heritage Area.

(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any Federal agency

conducting or supporting activities directly affecting the Heritage

Area shall—

(1) consult with the Secretary and the management entity

with respect to such activities;

(2) cooperate with the Secretary and the management

entity in carrying out their duties under this title;

(3) to the maximum extent practicable, coordinate such

activities with the carrying out of such duties; and

(4) to the maximum extent practicable, conduct or support

such activities in a manner which the management entity determines will not have an adverse effect on the Heritage Area.

SEC. 508. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF DEFENSE AND THE ADMINISTRATOR OF

NASA.

The decisions concerning the execution of this title as it applies

to properties under the control of the Secretary of Defense and

the Administrator of the National Aeronautics and Space Administration shall be made by such Secretary or such Administrator,

in consultation with the Secretary of the Interior.

SEC. 509. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage

Area until the owner of that private property has been notified

in writing by the management entity and has given written consent

for such preservation, conservation, or promotion to the management entity.

(b) LANDOWNER WITHDRAW.—Any owner of private property

included within the boundary of the Heritage Area shall have

their property immediately removed from the boundary by submitting a written request to the management entity.

16 USC 461 note.

16 USC 461 note.

Contracts.

16 USC 461 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3367

SEC. 510. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall

be construed to—

(1) require any private property owner to allow public

access (including Federal, State, or local government access)

to such private property; or

(2) modify any provision of Federal, State, or local law

with regard to public access to or use of private property.

(b) LIABILITY.—Designation of the Heritage Area shall not be

considered to create any liability, or to have any effect on any

liability under any other law, of any private property owner with

respect to any persons injured on such private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—

Nothing in this title shall be construed to modify the authority

of Federal, State, or local governments to regulate land use.

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREA.—Nothing in this title shall be construed to require the owner

of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for

the Heritage Area represent the area within which Federal funds

appropriated for the purpose of this title may be expended. The

establishment of the Heritage Area and its boundaries shall not

be construed to provide any nonexisting regulatory authority on

land use within the Heritage Area or its viewshed by the Secretary,

the National Park Service, or the management entity.

SEC. 511. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—To carry out this title there is authorized

to be appropriated $10,000,000, except that not more than

$1,000,000 may be appropriated to carry out this title for any

fiscal year.

(b) FIFTY PERCENT MATCH.—The Federal share of the cost

of activities carried out using any assistance or grant under this

title shall not exceed 50 percent.

SEC. 512. SUNSET PROVISION.

The authority of the Secretary to provide assistance under

this title terminates on the date that is 15 years after the date

that funds are first made available for this title.

SEC. 513. WRIGHT COMPANY FACTORY STUDY AND REPORT.

(a) STUDY.—

(1) IN GENERAL.—The Secretary shall conduct a special

resource study updating the study required under section 104

of the Dayton Aviation Heritage Preservation Act of 1992

(Public Law 102–419) and detailing alternatives for incorporating the Wright Company factory as a unit of Dayton

Aviation Heritage National Historical Park.

(2) CONTENTS.—The study shall include an analysis of

alternatives for including the Wright Company factory as a

unit of Dayton Aviation Heritage National Historical Park that

detail management and development options and costs.

(3) CONSULTATION.—In conducting the study, the Secretary

shall consult with the Delphi Corporation, the Aviation Heritage Foundation, State and local agencies, and other interested

parties in the area.

16 USC 461 note.

16 USC 461 note.

16 USC 461 note.

16 USC 461 note.

118 STAT. 3368 PUBLIC LAW 108–447—DEC. 8, 2004

(b) REPORT.—Not later than 3 years after funds are first made

available for this section, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report

describing the results of the study conducted under this section.

TITLE VI—OIL REGION NATIONAL

HERITAGE AREA

SEC. 601. SHORT TITLE; DEFINITIONS.

(a) SHORT TITLE.—This title may be cited as the ‘‘Oil Region

National Heritage Area Act’’.

(b) DEFINITIONS.—For the purposes of this title, the following

definitions shall apply:

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the

Oil Region National Heritage Area established in section 603(a).

(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’

means the Oil Heritage Region, Inc., or its successor entity.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 602. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds the following:

(1) The Oil Region of Northwestern Pennsylvania, with

numerous sites and districts listed on the National Register

of Historic Places, and designated by the Governor of Pennsylvania as one of the State Heritage Park Areas, is a region

with tremendous physical and natural resources and possesses

a story of State, national, and international significance.

(2) The single event of Colonel Edwin Drake’s drilling

of the world’s first successful oil well in 1859 has affected

the industrial, natural, social, and political structures of the

modern world.

(3) Six national historic districts are located within the

State Heritage Park boundary, in Emlenton, Franklin, Oil City,

and Titusville, as well as 17 separate National Register sites.

(4) The Allegheny River, which was designated as a component of the national wild and scenic rivers system in 1992

by Public Law 102–271, traverses the Oil Region and connects

several of its major sites, as do some of the river’s tributaries

such as Oil Creek, French Creek, and Sandy Creek.

(5) The unspoiled rural character of the Oil Region provides

many natural and recreational resources, scenic vistas, and

excellent water quality for people throughout the United States

to enjoy.

(6) Remnants of the oil industry, visible on the landscape

to this day, provide a direct link to the past for visitors, as

do the historic valley settlements, riverbed settlements, plateau

developments, farmlands, and industrial landscapes.

(7) The Oil Region also represents a cross section of American history associated with Native Americans, frontier settlements, the French and Indian War, African Americans and

the Underground Railroad, and immigration of Swedish and

Polish individuals, among others.

(8) Involvement by the Federal Government shall serve

to enhance the efforts of the Commonwealth of Pennsylvania,

16 USC 461 note.

16 USC 461 note.

Oil Region

National

Heritage Area

Act.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3369

volunteer organizations, and private businesses, to promote

the cultural, national, and recreational resources of the region

in order to fulfill their full potential.

(b) PURPOSE.—The purpose of this title is to enhance a cooperative management framework to assist the Commonwealth of

Pennsylvania, its units of local government, and area citizens in

conserving, enhancing, and interpreting the significant features

of the lands, water, and structures of the Oil Region, in a manner

consistent with compatible economic development for the benefit

and inspiration of present and future generations in the Commonwealth of Pennsylvania and the United States.

SEC. 603. OIL REGION NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is hereby established the Oil

Region National Heritage Area.

(b) BOUNDARIES.—The boundaries of the Heritage Area shall

include all of those lands depicted on a map entitled ‘‘Oil Region

National Heritage Area’’, numbered OIRE/20,000 and dated October

2000. The map shall be on file in the appropriate offices of the

National Park Service. The Secretary of the Interior shall publish

in the Federal Register, as soon as practical after the date of

the enactment of this Act, a detailed description and map of the

boundaries established under this subsection.

(c) MANAGEMENT ENTITY.—The management entity for the

Heritage Area shall be the Oil Heritage Region, Inc., the locally

based private, nonprofit management corporation which shall oversee the development of a management plan in accordance with

section 605(b).

SEC. 604. COMPACT.

To carry out the purposes of this title, the Secretary shall

enter into a compact with the management entity. The compact

shall include information relating to the objectives and management

of the area, including a discussion of the goals and objectives

of the Heritage Area, including an explanation of the proposed

approach to conservation and interpretation and a general outline

of the protection measures committed to by the Secretary and

management entity.

SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—The management entity may use funds made available under this title for

purposes of preparing, updating, and implementing the management plan developed under subsection (b). Such purposes may

include—

(1) making grants to, and entering into cooperative agreements with, States and their political subdivisions, private

organizations, or any other person;

(2) hiring and compensating staff; and

(3) undertaking initiatives that advance the purposes of

the Heritage Area.

(b) MANAGEMENT PLAN.—The management entity shall develop

a management plan for the Heritage Area that—

(1) presents comprehensive strategies and recommendations for conservation, funding, management, and development

of the Heritage Area;

16 USC 461 note.

16 USC 461 note.

Federal Register,

publication.

16 USC 461 note.

118 STAT. 3370 PUBLIC LAW 108–447—DEC. 8, 2004

(2) takes into consideration existing State, county, and

local plans and involves residents, public agencies, and private

organizations working in the Heritage Area;

(3) includes a description of actions that units of government and private organizations have agreed to take to protect

the resources of the Heritage Area;

(4) specifies the existing and potential sources of funding

to protect, manage, and develop the Heritage Area;

(5) includes an inventory of the resources contained in

the Heritage Area, including a list of any property in the

Heritage Area that is related to the themes of the Heritage

Area and that should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic,

recreational, or scenic significance;

(6) describes a program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments for that

implementation that have been made by the management entity

and any other persons for the first 5 years of implementation;

(7) lists any revisions to the boundaries of the Heritage

Area proposed by the management entity and requested by

the affected local government; and

(8) includes an interpretation plan for the Heritage Area.

(c) DEADLINE; TERMINATION OF FUNDING.—

(1) DEADLINE.—The management entity shall submit the

management plan to the Secretary within 2 years after the

funds are made available for this title.

(2) TERMINATION OF FUNDING.—If a management plan is

not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal

assistance under this title.

(d) DUTIES OF MANAGEMENT ENTITY.—The management entity

shall—

(1) give priority to implementing actions set forth in the

compact and management plan;

(2) assist units of government, regional planning organizations, and nonprofit organizations in—

(A) establishing and maintaining interpretive exhibits

in the Heritage Area;

(B) developing recreational resources in the Heritage

Area;

(C) increasing public awareness of and appreciation

for the natural, historical, and architectural resources and

sites in the Heritage Area;

(D) the restoration of any historic building relating

to the themes of the Heritage Area;

(E) ensuring that clear signs identifying access points

and sites of interest are put in place throughout the Heritage Area; and

(F) carrying out other actions that the management

entity determines to be advisable to fulfill the purposes

of this title;

(3) encourage by appropriate means economic viability in

the Heritage Area consistent with the goals of the management

plan;

(4) consider the interests of diverse governmental, business,

and nonprofit groups within the Heritage Area; and

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3371

(5) for any year in which Federal funds have been provided

to implement the management plan under subsection (b)—

(A) conduct public meetings at least annually regarding

the implementation of the management plan;

(B) submit an annual report to the Secretary setting

forth accomplishments, expenses and income, and each person to which any grant was made by the management

entity in the year for which the report is made; and

(C) require, for all agreements entered into by the

management entity authorizing expenditure of Federal

funds by any other person, that the person making the

expenditure make available to the management entity for

audit all records pertaining to the expenditure of such

funds.

(e) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.— The management entity may not use Federal funds received under

this title to acquire real property or an interest in real property.

SEC. 606. DUTIES AND AUTHORITIES OF THE SECRETARY.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—

(1) IN GENERAL.—

(A) OVERALL ASSISTANCE.—The Secretary may, upon

the request of the management entity, and subject to the

availability of appropriations, provide technical and financial assistance to the management entity to carry out its

duties under this title, including updating and implementing a management plan that is submitted under section 605(b) and approved by the Secretary and, prior to

such approval, providing assistance for initiatives.

(B) OTHER ASSISTANCE.—If the Secretary has the

resources available to provide technical assistance to the

management entity to carry out its duties under this title

(including updating and implementing a management plan

that is submitted under section 605(b) and approved by

the Secretary and, prior to such approval, providing assistance for initiatives), upon the request of the management

entity the Secretary shall provide such assistance on a

reimbursable basis. This subparagraph does not preclude

the Secretary from providing nonreimbursable assistance

under subparagraph (A).

(2) PRIORITY.—In assisting the management entity, the

Secretary shall give priority to actions that assist in the—

(A) implementation of the management plan;

(B) provision of educational assistance and advice

regarding land and water management techniques to conserve the significant natural resources of the region;

(C) development and application of techniques promoting the preservation of cultural and historic properties;

(D) preservation, restoration, and reuse of publicly and

privately owned historic buildings;

(E) design and fabrication of a wide range of interpretive materials based on the management plan, including

guide brochures, visitor displays, audio-visual and interactive exhibits, and educational curriculum materials for

public education; and

(F) implementation of initiatives prior to approval of

the management plan.

16 USC 461 note.

Reports.

118 STAT. 3372 PUBLIC LAW 108–447—DEC. 8, 2004

(3) DOCUMENTATION OF STRUCTURES.—The Secretary,

acting through the Historic American Building Survey and

the Historic American Engineering Record, shall conduct

studies necessary to document the industrial, engineering,

building, and architectural history of the Heritage Area.

(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLANS.—The

Secretary, in consultation with the Governor of Pennsylvania, shall

approve or disapprove a management plan submitted under this

title not later than 90 days after receiving such plan. In approving

the plan, the Secretary shall take into consideration the following

criteria:

(1) The extent to which the management plan adequately

preserves and protects the natural, cultural, and historical

resources of the Heritage Area.

(2) The level of public participation in the development

of the management plan.

(3) The extent to which the board of directors of the

management entity is representative of the local government

and a wide range of interested organizations and citizens.

(c) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a management plan, the Secretary shall advise the

management entity in writing of the reasons for the disapproval

and shall make recommendations for revisions in the management

plan. The Secretary shall approve or disapprove a proposed revision

within 90 days after the date it is submitted.

(d) APPROVING CHANGES.—The Secretary shall review and

approve amendments to the management plan under section 605(b)

that make substantial changes. Funds appropriated under this title

may not be expended to implement such changes until the Secretary

approves the amendments.

(e) EFFECT OF INACTION.—If the Secretary does not approve

or disapprove a management plan, revision, or change within 90

days after it is submitted to the Secretary, then such management

plan, revision, or change shall be deemed to have been approved

by the Secretary.

SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES.

Any Federal entity conducting or supporting activities directly

affecting the Heritage Area shall—

(1) consult with the Secretary and the management entity

with respect to such activities;

(2) cooperate with the Secretary and the management

entity in carrying out their duties under this title and, to

the maximum extent practicable, coordinate such activities with

the carrying out of such duties; and

(3) to the maximum extent practicable, conduct or support

such activities in a manner that the management entity determines shall not have an adverse effect on the Heritage Area.

SEC. 608. SUNSET.

The Secretary may not make any grant or provide any assistance under this title after the expiration of the 15-year period

beginning on the date that funds are first made available for

this title.

16 USC 461 note.

16 USC 461 note.

Deadline.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3373

SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage

Area until the owner of that private property has been notified

in writing by the management entity and has given written consent

for such preservation, conservation, or promotion to the management entity.

(b) LANDOWNER WITHDRAW.—Any owner of private property

included within the boundary of the Heritage Area shall have

their property immediately removed from the boundary by submitting a written request to the management entity.

SEC. 610. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall

be construed to—

(1) require any private property owner to allow public

access (including Federal, State, or local government access)

to such private property; or

(2) modify any provision of Federal, State, or local law

with regard to public access to or use of private property.

(b) LIABILITY.—Designation of the Heritage Area shall not be

considered to create any liability, or to have any effect on any

liability under any other law, of any private property owner with

respect to any persons injured on such private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—

Nothing in this title shall be construed to modify the authority

of Federal, State, or local governments to regulate land use.

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREA.—Nothing in this title shall be construed to require the owner

of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for

the Heritage Area represent the area within which Federal funds

appropriated for the purpose of this title may be expended. The

establishment of the Heritage Area and its boundaries shall not

be construed to provide any nonexisting regulatory authority on

land use within the Heritage Area or its viewshed by the Secretary,

the National Park Service, or the management entity.

SEC. 611. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this title shall preclude the management entity

from using Federal funds available under Acts other than this

title for the purposes for which those funds were authorized.

SEC. 612. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to

carry out this title—

(1) not more than $1,000,000 for any fiscal year; and

(2) not more than a total of $10,000,000.

(b) 50 PERCENT MATCH.—Financial assistance provided under

this title may not be used to pay more than 50 percent of the

total cost of any activity carried out with that assistance.

16 USC 461 note.

16 USC 461 note.

16 USC 461 note.

16 USC 461 note.

118 STAT. 3374 PUBLIC LAW 108–447—DEC. 8, 2004

TITLE VII—MISSISSIPPI GULF COAST NATIONAL HERITAGE

AREA ACT

SEC. 701. SHORT TITLE.

This title may be cited as the ‘‘Mississippi Gulf Coast National

Heritage Area Act’’.

SEC. 702. CONGRESSIONAL FINDINGS.

Congress finds that—

(1) the 6-county area in southern Mississippi located on

the Gulf of Mexico and in the Mississippi Coastal Plain has

a unique identity that is shaped by—

(A) the coastal and riverine environment; and

(B) the diverse cultures that have settled in the area;

(2) the area is rich with diverse cultural and historical

significance, including—

(A) early Native American settlements; and

(B) Spanish, French, and English settlements originating in the 1600s;

(3) the area includes spectacular natural, scenic, and recreational resources;

(4) there is broad support from local governments and

other interested individuals for the establishment of the Mississippi Gulf Coast National Heritage Area to coordinate and

assist in the preservation and interpretation of those resources;

(5) the Comprehensive Resource Management Plan, coordinated by the Mississippi Department of Marine Resources—

(A) is a collaborative effort of the Federal Government

and State and local governments in the area; and

(B) is a natural foundation on which to establish the

Heritage Area; and

(6) establishment of the Heritage Area would assist local

communities and residents in preserving the unique cultural,

historical, and natural resources of the area.

SEC. 703. DEFINITIONS.

In this Act:

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the

Mississippi Gulf Coast National Heritage Area established by

section 4(a).

(2) COORDINATING ENTITY.—The term ‘‘coordinating entity’’

means the coordinating entity for the Heritage Area designated

by section 4(c).

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the management plan for the Heritage Area developed

under section 5.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(5) STATE.—The term ‘‘State’’ means the State of Mississippi.

SEC. 704. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is established in the State the Mississippi Gulf Coast National Heritage Area.

(b) BOUNDARIES.—The Heritage Area shall consist of the counties of Pearl River, Stone, George, Hancock, Harrison, and Jackson

in the State.

(c) COORDINATING ENTITY.—

16 USC 461 note.

16 USC 461 note.

16 USC 461 note.

Mississippi Gulf

Coast National

Heritage Area

Act.

16 USC 461 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3375

(1) IN GENERAL.—The Mississippi Department of Marine

Resources, in consultation with the Mississippi Department

of Archives and History, shall serve as the coordinating entity

for the Heritage Area.

(2) OVERSIGHT COMMITTEE.—The coordinating entity shall

ensure that each of the 6 counties included in the Heritage

Area is appropriately represented on any oversight committee.

SEC. 705. MANAGEMENT PLAN.

(a) IN GENERAL.—Not later than 3 years after the date of

enactment of this Act, the coordinating entity shall develop and

submit to the Secretary a management plan for the Heritage Area.

(b) REQUIREMENTS.—The management plan shall—

(1) provide recommendations for the conservation, funding,

management, interpretation, and development of the cultural,

historical, archaeological, natural, and recreational resources

of the Heritage Area;

(2) identify sources of funding for the Heritage Area;

(3) include—

(A) an inventory of the cultural, historical, archaeological, natural, and recreational resources of the Heritage

Area; and

(B) an analysis of ways in which Federal, State, tribal,

and local programs may best be coordinated to promote

the purposes of this Act;

(4) provide recommendations for educational and interpretive programs to inform the public about the resources of the

Heritage Area; and

(5) involve residents of affected communities and tribal

and local governments.

(c) FAILURE TO SUBMIT.—If a management plan is not submitted

to the Secretary by the date specified in subsection (a), the Secretary

shall not provide any additional funding under this Act until a

management plan for the Heritage Area is submitted to the Secretary.

(d) APPROVAL OR DISAPPROVAL OF THE MANAGEMENT PLAN.— (1) IN GENERAL.—Not later than 90 days after receipt of

the management plan under subsection (a), the Secretary shall

approve or disapprove the management plan.

(2) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a management plan under paragraph (1), the Secretary shall—

(A) advise the coordinating entity in writing of the

reasons for disapproval;

(B) make recommendations for revision of the management plan; and

(C) allow the coordinating entity to submit to the Secretary revisions to the management plan.

(e) REVISION.—After approval by the Secretary of the management plan, the coordinating entity shall periodically—

(1) review the management plan; and

(2) submit to the Secretary, for review and approval by

the Secretary, any recommendations for revisions to the

management plan.

SEC. 706. AUTHORITIES AND DUTIES OF COORDINATING ENTITY.

(a) AUTHORITIES.—For purposes of developing and implementing the management plan and otherwise carrying out this

16 USC 461 note.

Deadline.

16 USC 461 note.

118 STAT. 3376 PUBLIC LAW 108–447—DEC. 8, 2004

Act, the coordinating entity may make grants to and provide technical assistance to tribal and local governments, and other public

and private entities.

(b) DUTIES.—In addition to developing the management plan

under section 5, in carrying out this Act, the coordinating entity

shall—

(1) implement the management plan; and

(2) assist local and tribal governments and non-profit

organizations in—

(A) establishing and maintaining interpretive exhibits

in the Heritage Area;

(B) developing recreational resources in the Heritage

Area;

(C) increasing public awareness of, and appreciation

for, the cultural, historical, archaeological, and natural

resources of the Heritage Area;

(D) restoring historic structures that relate to the

Heritage Area; and

(E) carrying out any other activity that the coordinating entity determines to be appropriate to carry out

this Act, consistent with the management plan;

(3) conduct public meetings at least annually regarding

the implementation of the management plan; and

(4) for any fiscal year for which Federal funds are made

available under section 9—

(A) submit to the Secretary a report that describes,

for the fiscal year, the actions of the coordinating entity

in carrying out this Act;

(B) make available to the Secretary for audit all records

relating to the expenditure of funds and any matching

funds; and

(C) require, for all agreements authorizing the expenditure of Federal funds by any entity, that the receiving

entity make available to the Secretary for audit all records

relating to the expenditure of the funds.

(c) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The

coordinating entity shall not use Federal funds made available

under this Act to acquire real property or any interest in real

property.

SEC. 707. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL

AGENCIES.

(a) IN GENERAL.—On the request of the coordinating entity,

the Secretary may provide technical and financial assistance to

the coordinating entity for use in the development and implementation of the management plan.

(b) PROHIBITION OF CERTAIN REQUIREMENTS.—The Secretary

may not, as a condition of the provision of technical or financial

assistance under this section, require any recipient of the assistance

to impose or modify any land use restriction or zoning ordinance.

SEC. 708. EFFECT OF ACT.

Nothing in this Act—

(1) affects or authorizes the coordinating entity to interfere

with—

(A) the right of any person with respect to private

property; or

(B) any local zoning ordinance or land use plan;

16 USC 461 note.

16 USC 461 note.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3377

(2) restricts an Indian tribe from protecting cultural or

religious sites on tribal land;

(3) modifies, enlarges, or diminishes the authority of any

State, tribal, or local government to regulate any use of land

under any other law (including regulations);

(4)(A) modifies, enlarges, or diminishes the authority of

the State to manage fish and wildlife in the Heritage Area,

including the regulation of fishing and hunting; or

(B) authorizes the coordinating entity to assume any

management authorities over such lands; or

(5) diminishes the trust responsibilities or governmentto-government obligations of the United States to any federally

recognized Indian tribe.

SEC. 709. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to

carry out this Act $10,000,000, of which not more than $1,000,000

may be made available for any fiscal year.

(b) COST-SHARING REQUIREMENT.—The Federal share of the

total cost of any activity assisted under this Act shall be not

more than 50 percent.

VIII—FEDERAL LANDS RECREATION ENHANCEMENT ACT

SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the ‘‘Federal

Lands Recreation Enhancement Act’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 801. Short title and table of contents.

Sec. 802. Definitions.

Sec. 803. Recreation fee authority.

Sec. 804. Public participation.

Sec. 805. Recreation passes.

Sec. 806. Cooperative agreements.

Sec. 807. Special account and distribution of fees and revenues.

Sec. 808. Expenditures.

Sec. 809. Reports.

Sec. 810. Sunset provision.

Sec. 811. Volunteers.

Sec. 812. Enforcement and protection of receipts.

Sec. 813. Repeal of superseded admission and use fee authorities.

Sec. 814. Relation to other laws and fee collection authorities.

Sec. 815. Limitation on use of fees for employee bonuses.

SEC. 802. DEFINITIONS.

In this Act:

(1) STANDARD AMENITY RECREATION FEE.—The term

‘‘standard amenity recreation fee’’ means the recreation fee

authorized by section 3(f).

(2) EXPANDED AMENITY RECREATION FEE.—The term

‘‘expanded amenity recreation fee’’ means the recreation fee

authorized by section 3(g).

(3) ENTRANCE FEE.—The term ‘‘entrance fee’’ means the

recreation fee authorized to be charged to enter onto lands

managed by the National Park Service or the United States

Fish and Wildlife Service.

(4) FEDERAL LAND MANAGEMENT AGENCY.—The term ‘‘Federal land management agency’’ means the National Park

Service, the United States Fish and Wildlife Service, the Bureau

16 USC 6801.

Federal Lands

Recreation

Enhancement

Act.

16 USC 6801

note.

16 USC 461 note.

118 STAT. 3378 PUBLIC LAW 108–447—DEC. 8, 2004

of Land Management, the Bureau of Reclamation, or the Forest

Service.

(5) FEDERAL RECREATIONAL LANDS AND WATERS.—The term

‘‘Federal recreational lands and waters’’ means lands or waters

managed by a Federal land management agency.

(6) NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS

PASS.—The term ‘‘National Parks and Federal Recreational

Lands Pass’’ means the interagency national pass authorized

by section 5.

(7) PASSHOLDER.—The term ‘‘passholder’’ means the person

who is issued a recreation pass.

(8) RECREATION FEE.—The term ‘‘recreation fee’’ means an

entrance fee, standard amenity recreation fee, expanded

amenity recreation fee, or special recreation permit fee.

(9) RECREATION PASS.—The term ‘‘recreation pass’’ means

the National Parks and Federal Recreational Lands Pass or

one of the other recreation passes available as authorized by

section 5.

(10) SECRETARY.—The term ‘‘Secretary’’ means—

(A) the Secretary of the Interior, with respect to a

Federal land management agency (other than the Forest

Service); and

(B) the Secretary of Agriculture, with respect to the

Forest Service.

(11) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture acting

jointly.

(12) SPECIAL ACCOUNT.—The term ‘‘special account’’ means

the special account established in the Treasury under section

7 for a Federal land management agency.

(13) SPECIAL RECREATION PERMIT FEE.—The term ‘‘special

recreation permit fee’’ means the fee authorized by section

3(h).

SEC. 803. RECREATION FEE AUTHORITY.

(a) AUTHORITY OF SECRETARY.—Beginning in fiscal year 2005

and thereafter, the Secretary may establish, modify, charge, and

collect recreation fees at Federal recreational lands and waters

as provided for in this section.

(b) BASIS FOR RECREATION FEES.—Recreation fees shall be

established in a manner consistent with the following criteria:

(1) The amount of the recreation fee shall be commensurate

with the benefits and services provided to the visitor.

(2) The Secretary shall consider the aggregate effect of

recreation fees on recreation users and recreation service providers.

(3) The Secretary shall consider comparable fees charged

elsewhere and by other public agencies and by nearby private

sector operators.

(4) The Secretary shall consider the public policy or

management objectives served by the recreation fee.

(5) The Secretary shall obtain input from the appropriate

Recreation Resource Advisory Committee, as provided in section

4(d).

(6) The Secretary shall consider such other factors or criteria as determined appropriate by the Secretary.

16 USC 6802.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3379

(c) SPECIAL CONSIDERATIONS.—The Secretary shall establish

the minimum number of recreation fees and shall avoid the collection of multiple or layered recreation fees for similar uses, activities,

or programs.

(d) LIMITATIONS ON RECREATION FEES.— (1) PROHIBITION ON FEES FOR CERTAIN ACTIVITIES OR SERV- ICES.—The Secretary shall not charge any standard amenity

recreation fee or expanded amenity recreation fee for Federal

recreational lands and waters administered by the Bureau of

Land Management, the Forest Service, or the Bureau of Reclamation under this Act for any of the following:

(A) Solely for parking, undesignated parking, or picnicking along roads or trailsides.

(B) For general access unless specifically authorized

under this section.

(C) For dispersed areas with low or no investment

unless specifically authorized under this section.

(D) For persons who are driving through, walking

through, boating through, horseback riding through, or

hiking through Federal recreational lands and waters without using the facilities and services.

(E) For camping at undeveloped sites that do not provide a minimum number of facilities and services as

described in subsection (g)(2)(A).

(F) For use of overlooks or scenic pullouts.

(G) For travel by private, noncommercial vehicle over

any national parkway or any road or highway established

as a part of the Federal-aid System, as defined in section

101 of title 23, United States Code, which is commonly

used by the public as a means of travel between two

places either or both of which are outside any unit or

area at which recreation fees are charged under this Act.

(H) For travel by private, noncommercial vehicle, boat,

or aircraft over any road or highway, waterway, or airway

to any land in which such person has any property right

if such land is within any unit or area at which recreation

fees are charged under this Act.

(I) For any person who has a right of access for hunting

or fishing privileges under a specific provision of law or

treaty.

(J) For any person who is engaged in the conduct

of official Federal, State, Tribal, or local government business.

(K) For special attention or extra services necessary

to meet the needs of the disabled.

(2) RELATION TO FEES FOR USE OF HIGHWAYS OR ROADS.—

An entity that pays a special recreation permit fee or similar

permit fee shall not be subject to a road cost-sharing fee or

a fee for the use of highways or roads that are open to private,

noncommercial use within the boundaries of any Federal recreational lands or waters, as authorized under section 6 of

Public Law 88–657 (16 U.S.C. 537; commonly known as the

Forest Roads and Trails Act).

(3) PROHIBITION ON FEES FOR CERTAIN PERSONS OR

PLACES.—The Secretary shall not charge an entrance fee or

standard amenity recreation fee for the following:

(A) Any person under 16 years of age.

118 STAT. 3380 PUBLIC LAW 108–447—DEC. 8, 2004

(B) Outings conducted for noncommercial educational

purposes by schools or bona fide academic institutions.

(C) The U.S.S. Arizona Memorial, Independence

National Historical Park, any unit of the National Park

System within the District of Columbia, or Arlington

House-Robert E. Lee National Memorial.

(D) The Flight 93 National Memorial.

(E) Entrance on other routes into the Great Smoky

Mountains National Park or any part thereof unless fees

are charged for entrance into that park on main highways

and thoroughfares.

(F) Entrance on units of the National Park System

containing deed restrictions on charging fees.

(G) An area or unit covered under section 203 of the

Alaska National Interest Lands Conservation Act (Public

Law 96–487; 16 U.S.C. 410hh–2), with the exception of

Denali National Park and Preserve.

(H) A unit of the National Wildlife Refuge System

created, expanded, or modified by the Alaska National

Interest Lands Conservation Act (Public Law 96–487).

(I) Any person who visits a unit or area under the

jurisdiction of the United States Fish and Wildlife Service

and who has been issued a valid migratory bird hunting

and conservation stamp issued under section 2 of the Act

of March 16, 1934 (16 U.S.C. 718b; commonly known as

the Duck Stamp Act).

(J) Any person engaged in a nonrecreational activity

authorized under a valid permit issued under any other

Act, including a valid grazing permit.

(4) NO RESTRICTION ON RECREATION OPPORTUNITIES.—

Nothing in this Act shall limit the use of recreation opportunities only to areas designated for collection of recreation fees.

(e) ENTRANCE FEE.—

(1) AUTHORIZED SITES FOR ENTRANCE FEES.—The Secretary

of the Interior may charge an entrance fee for a unit of the

National Park System, including a national monument administered by the National Park Service, or for a unit of the National

Wildlife Refuge System.

(2) PROHIBITED SITES.—The Secretary shall not charge an

entrance fee for Federal recreational lands and waters managed

by the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service.

(f) STANDARD AMENITY RECREATION FEE.—Except as limited

by subsection (d), the Secretary may charge a standard amenity

recreation fee for Federal recreational lands and waters under

the jurisdiction of the Bureau of Land Management, the Bureau

of Reclamation, or the Forest Service, but only at the following:

(1) A National Conservation Area.

(2) A National Volcanic Monument.

(3) A destination visitor or interpretive center that provides

a broad range of interpretive services, programs, and media.

(4) An area—

(A) that provides significant opportunities for outdoor

recreation;

(B) that has substantial Federal investments;

(C) where fees can be efficiently collected; and

(D) that contains all of the following amenities:

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3381

(i) Designated developed parking.

(ii) A permanent toilet facility.

(iii) A permanent trash receptacle.

(iv) Interpretive sign, exhibit, or kiosk.

(v) Picnic tables.

(vi) Security services.

(g) EXPANDED AMENITY RECREATION FEE.— (1) NPS AND USFWS AUTHORITY.—Except as limited by subsection (d), the Secretary of the Interior may charge an

expanded amenity recreation fee, either in addition to an

entrance fee or by itself, at Federal recreational lands and

waters under the jurisdiction of the National Park Service

or the United States Fish and Wildlife Service when the Secretary of the Interior determines that the visitor uses a specific

or specialized facility, equipment, or service.

(2) OTHER FEDERAL LAND MANAGEMENT AGENCIES.—Except

as limited by subsection (d), the Secretary may charge an

expanded amenity recreation fee, either in addition to a

standard amenity fee or by itself, at Federal recreational lands

and waters under the jurisdiction of the Forest Service, the

Bureau of Land Management, or the Bureau of Reclamation,

but only for the following facilities or services:

(A) Use of developed campgrounds that provide at least

a majority of the following:

(i) Tent or trailer spaces.

(ii) Picnic tables.

(iii) Drinking water.

(iv) Access roads.

(v) The collection of the fee by an employee or

agent of the Federal land management agency.

(vi) Reasonable visitor protection.

(vii) Refuse containers.

(viii) Toilet facilities.

(ix) Simple devices for containing a campfire.

(B) Use of highly developed boat launches with specialized facilities or services such as mechanical or hydraulic

boat lifts or facilities, multi-lane paved ramps, paved

parking, restrooms and other improvements such as

boarding floats, loading ramps, or fish cleaning stations.

(C) Rental of cabins, boats, stock animals, lookouts,

historic structures, group day-use or overnight sites, audio

tour devices, portable sanitation devices, binoculars or

other equipment.

(D) Use of hookups for electricity, cable, or sewer.

(E) Use of sanitary dump stations.

(F) Participation in an enhanced interpretive program

or special tour.

(G) Use of reservation services.

(H) Use of transportation services.

(I) Use of areas where emergency medical or firstaid services are administered from facilities staffed by

public employees or employees under a contract or reciprocal agreement with the Federal Government.

(J) Use of developed swimming sites that provide at

least a majority of the following:

(i) Bathhouse with showers and flush toilets.

(ii) Refuse containers.

118 STAT. 3382 PUBLIC LAW 108–447—DEC. 8, 2004

(iii) Picnic areas.

(iv) Paved parking.

(v) Attendants, including lifeguards.

(vi) Floats encompassing the swimming area.

(vii) Swimming deck.

(h) SPECIAL RECREATION PERMIT FEE.—The Secretary may issue

a special recreation permit, and charge a special recreation permit

fee in connection with the issuance of the permit, for specialized

recreation uses of Federal recreational lands and waters, such as

group activities, recreation events, motorized recreational vehicle

use.

SEC. 804. PUBLIC PARTICIPATION.

(a) IN GENERAL.—As required in this section, the Secretary

shall provide the public with opportunities to participate in the

development of or changing of a recreation fee established under

this Act.

(b) ADVANCE NOTICE.—The Secretary shall publish a notice

in the Federal Register of the establishment of a new recreation

fee area for each agency 6 months before establishment. The Secretary shall publish notice of a new recreation fee or a change

to an existing recreation fee established under this Act in local

newspapers and publications located near the site at which the

recreation fee would be established or changed.

(c) PUBLIC INVOLVEMENT.—Before establishing any new recreation fee area, the Secretary shall provide opportunity for public

involvement by—

(1) establishing guidelines for public involvement;

(2) establishing guidelines on how agencies will demonstrate on an annual basis how they have provided information to the public on the use of recreation fee revenues; and

(3) publishing the guidelines in paragraphs (1) and (2)

in the Federal Register.

(d) RECREATION RESOURCE ADVISORY COMMITTEE.—

(1) ESTABLISHMENT.— (A) AUTHORITY TO ESTABLISH.—Except as provided in

subparagraphs (C) and (D), the Secretary or the Secretaries

shall establish a Recreation Resource Advisory Committee

in each State or region for Federal recreational lands and

waters managed by the Forest Service or the Bureau of

Land Management to perform the duties described in paragraph (2).

(B) NUMBER OF COMMITTEES.—The Secretary may have

as many additional Recreation Resource Advisory Committees in a State or region as the Secretary considers necessary for the effective operation of this Act.

(C) EXCEPTION.—The Secretary shall not establish a

Recreation Resource Advisory Committee in a State if the

Secretary determines, in consultation with the Governor

of the State, that sufficient interest does not exist to ensure

that participation on the Committee is balanced in terms

of the points of view represented and the functions to

be performed.

(D) USE OF OTHER ENTITIES.—In lieu of establishing

a Recreation Resource Advisory Committee under subparagraph (A), the Secretary may use a Resource Advisory

Committee established pursuant to another provision of

Federal Register,

publication.

Guidelines.

Federal Register,

publication.

16 USC 6803.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3383

law and in accordance with that law or a recreation fee

advisory board otherwise established by the Secretary to

perform the duties specified in paragraph (2).

(2) DUTIES.—In accordance with the procedures required

by paragraph (9), a Recreation Resource Advisory Committee

may make recommendations to the Secretary regarding a

standard amenity recreation fee or an expanded amenity recreation fee, whenever the recommendations relate to public concerns in the State or region covered by the Committee

regarding—

(A) the implementation of a standard amenity recreation fee or an expanded amenity recreation fee or the

establishment of a specific recreation fee site;

(B) the elimination of a standard amenity recreation

fee or an expanded amenity recreation fee; or

(C) the expansion or limitation of the recreation fee

program.

(3) MEETINGS.—A Recreation Resource Advisory Committee

shall meet at least annually, but may, at the discretion of

the Secretary, meet as often as needed to deal with citizen

concerns about the recreation fee program in a timely manner.

(4) NOTICE OF REJECTION.—If the Secretary rejects the

recommendation of a Recreation Resource Advisory Committee,

the Secretary shall issue a notice that identifies the reasons

for rejecting the recommendation to the Committee on

Resources of the House of Representatives and the Committee

on Energy and Natural Resources of the Senate not later than

30 days before the Secretary implements a decision pertaining

to that recommendation.

(5) COMPOSITION OF THE ADVISORY COMMITTEE.—

(A) NUMBER.—A Recreation Resource Advisory Committee shall be comprised of 11 members.

(B) NOMINATIONS.—The Governor and the designated

county official from each county in the relevant State or

Region may submit a list of nominations in the categories

described under subparagraph (D).

(C) APPOINTMENT.—The Secretary may appoint members of the Recreation Resource Advisory Committee from

the list as provided in subparagraph (B).

(D) BROAD AND BALANCED REPRESENTATION.—In

appointing the members of a Recreation Resource Advisory

Committee, the Secretary shall provide for a balanced and

broad representation from the recreation community that

shall include the following:

(i) Five persons who represent recreation users

and that include, as appropriate, persons representing

the following:

(I) Winter motorized recreation, such as

snowmobiling.

(II) Winter non-motorized recreation, such as

snowshoeing, cross country and down hill skiing,

and snowboarding.

(III) Summer motorized recreation, such as

motorcycles, boaters, and off-highway vehicles.

(IV) Summer nonmotorized recreation, such

as backpacking, horseback riding, mountain

biking, canoeing, and rafting.

Deadline.

118 STAT. 3384 PUBLIC LAW 108–447—DEC. 8, 2004

(V) Hunting and fishing.

(ii) Three persons who represent interest groups

that include, as appropriate, the following:

(I) Motorized outfitters and guides.

(II) Non-motorized outfitters and guides.

(III) Local environmental groups.

(iii) Three persons, as follows:

(I) State tourism official to represent the State.

(II) A person who represents affected Indian

tribes.

(III) A person who represents affected local

government interests.

(6) TERM.—

(A) LENGTH OF TERM.—The Secretary shall appoint

the members of a Recreation Resource Advisory Committee

for staggered terms of 2 and 3 years beginning on the

date that the members are first appointed. The Secretary

may reappoint members to subsequent 2- or 3-year terms.

(B) EFFECT OF VACANCY.—The Secretary shall make

appointments to fill a vacancy on a Recreation Resource

Advisory Committee as soon as practicable after the

vacancy has occurred.

(C) EFFECT OF UNEXPECTED VACANCY.—Where an unexpected vacancy occurs, the Governor and the designated

county officials from each county in the relevant State

shall provide the Secretary with a list of nominations in

the relevant category, as described under paragraph (5)(D),

not later than two months after notification of the vacancy.

To the extent possible, a vacancy shall be filled in the

same category and term in which the original appointment

was made.

(7) CHAIRPERSON.—The chairperson of a Recreation

Resource Advisory Committee shall be selected by the majority

vote of the members of the Committee.

(8) QUORUM.—Eight members shall constitute a quorum.

A quorum must be present to constitute an official meeting

of a Recreation Resource Advisory Committee.

(9) APPROVAL PROCEDURES.—A Recreation Resource

Advisory Committee shall establish procedures for making recommendations to the Secretary. A recommendation may be

submitted to the Secretary only if the recommendation is

approved by a majority of the members of the Committee from

each of the categories specified in paragraph (5)(D) and general

public support for the recommendation is documented.

(10) COMPENSATION.—Members of the Recreation Resource

Advisory Committee shall not receive any compensation.

(11) PUBLIC PARTICIPATION IN THE RECREATION RESOURCE

ADVISORY COMMITTEE.—

(A) NOTICE OF MEETINGS.—All meetings of a Recreation

Resource Advisory Committee shall be announced at least

one week in advance in a local newspaper of record and

the Federal Register, and shall be open to the public.

(B) RECORDS.—A Recreation Resource Advisory Committee shall maintain records of the meetings of the Recreation Resource Advisory Committee and make the records

available for public inspection.

Public

information.

Newspaper,

publication.

Federal Register,

publication.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3385

(12) FEDERAL ADVISORY COMMITTEE ACT.—A Recreation

Resource Advisory Committee is subject to the provisions of

the Federal Advisory Committee Act (5 U.S.C. App.).

(e) MISCELLANEOUS ADMINISTRATIVE PROVISIONS REGARDING

RECREATION FEES AND RECREATION PASSES.—

(1) NOTICE OF ENTRANCE FEES, STANDARD AMENITY RECREATION FEES, AND PASSES.—The Secretary shall post clear notice

of any entrance fee, standard amenity recreation fee, and available recreation passes at appropriate locations in each unit

or area of a Federal land management agency where an

entrance fee or a standard amenity recreation fee is charged.

The Secretary shall include such notice in publications distributed at the unit or area.

(2) NOTICE OF RECREATION FEE PROJECTS.—To the extent

practicable, the Secretary shall post clear notice of locations

where work is performed using recreation fee or recreation

pass revenues collected under this Act.

SEC. 805. RECREATION PASSES.

(a) AMERICA THE BEAUTIFUL—THE NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS.—

(1) AVAILABILITY AND USE.—The Secretaries shall establish,

and may charge a fee for, an interagency national pass to

be known as the ‘‘America the Beautiful—the National Parks

and Federal Recreational Lands Pass’’, which shall cover the

entrance fee and standard amenity recreation fee for all Federal

recreational lands and waters for which an entrance fee or

a standard amenity recreation fee is charged.

(2) IMAGE COMPETITION FOR RECREATION PASS.—The Secretaries shall hold an annual competition to select the image

to be used on the National Parks and Federal Recreational

Lands Pass for a year. The competition shall be open to the

public and used as a means to educate the American people

about Federal recreational lands and waters.

(3) NOTICE OF ESTABLISHMENT.—The Secretaries shall publish a notice in the Federal Register when the National Parks

and Federal Recreational Lands Pass is first established and

available for purchase.

(4) DURATION.—The National Parks and Federal Recreational Lands Pass shall be valid for a period of 12 months

from the date of the issuance of the recreation pass to a

passholder, except in the case of the age and disability discounted passes issued under subsection (b).

(5) PRICE.—The Secretaries shall establish the price at

which the National Parks and Federal Recreational Lands Pass

will be sold to the public.

(6) SALES LOCATIONS AND MARKETING.—

(A) IN GENERAL.—The Secretary shall sell the National

Parks and Federal Recreational Lands Pass at all Federal

recreational lands and waters at which an entrance fee

or a standard amenity recreation fee is charged and at

such other locations as the Secretaries consider appropriate

and feasible.

(B) USE OF VENDORS.—The Secretary may enter into

fee management agreements as provided in section 6.

Federal Register,

publication.

16 USC 6804.

118 STAT. 3386 PUBLIC LAW 108–447—DEC. 8, 2004

(C) MARKETING.—The Secretaries shall take such

actions as are appropriate to provide for the active marketing of the National Parks and Federal Recreational

Lands Pass.

(7) ADMINISTRATIVE GUIDELINES.—The Secretaries shall

issue guidelines on administration of the National Parks and

Federal Recreational Lands Pass, which shall include agreement on price, the distribution of revenues between the Federal

land management agencies, the sharing of costs, benefits provided, marketing and design, adequate documentation for age

and disability discounts under subsection (b), and the issuance

of that recreation pass to volunteers. The Secretaries shall

take into consideration all relevant visitor and sales data available in establishing the guidelines.

(8) DEVELOPMENT AND IMPLEMENTATION AGREEMENTS.—

The Secretaries may enter into cooperative agreements with

governmental and nongovernmental entities for the development and implementation of the National Parks and Federal

Recreational Lands Pass Program.

(9) PROHIBITION ON OTHER NATIONAL RECREATION PASSES.—

The Secretary may not establish any national recreation pass,

except as provided in this section.

(b) DISCOUNTED PASSES.—

(1) AGE DISCOUNT.—The Secretary shall make the National

Parks and Federal Recreational Lands Pass available, at a

cost of $10.00, to any United States citizen or person domiciled

in the United States who is 62 years of age or older, if the

citizen or person provides adequate proof of such age and

such citizenship or residency. The National Parks and Federal

Recreational Lands Pass made available under this subsection

shall be valid for the lifetime of the pass holder.

(2) DISABILITY DISCOUNT.—The Secretary shall make the

National Parks and Federal Recreational Lands Pass available,

without charge, to any United States citizen or person domiciled

in the United States who has been medically determined to

be permanently disabled for purposes of section 7(20)(B)(i) of

the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the

citizen or person provides adequate proof of the disability and

such citizenship or residency. The National Parks and Federal

Recreational Lands Pass made available under this subsection

shall be valid for the lifetime of the passholder.

(c) SITE-SPECIFIC AGENCY PASSES.—The Secretary may establish and charge a fee for a site-specific pass that will cover the

entrance fee or standard amenity recreation fee for particular Federal recreational lands and waters for a specified period not to

exceed 12 months.

(d) REGIONAL MULTIENTITY PASSES.—

(1) PASSES AUTHORIZED.—The Secretary may establish and

charge a fee for a regional multientity pass that will be accepted

by one or more Federal land management agencies or by one

or more governmental or nongovernmental entities for a specified period not to exceed 12 months. To include a Federal

land management agency or governmental or nongovernmental

entity over which the Secretary does not have jurisdiction,

the Secretary shall obtain the consent of the head of such

agency or entity.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3387

(2) REGIONAL MULTIENTITY PASS AGREEMENT.—In order to

establish a regional multientity pass under this subsection,

the Secretary shall enter into a regional multientity pass agreement with all the participating agencies or entities on price,

the distribution of revenues between participating agencies or

entities, the sharing of costs, benefits provided, marketing and

design, and the issuance of the pass to volunteers. The Secretary shall take into consideration all relevant visitor and

sales data available when entering into this agreement.

(e) DISCOUNTED OR FREE ADMISSION DAYS OR USE.—The Secretary may provide for a discounted or free admission day or use

of Federal recreational lands and waters.

(f) EFFECT ON EXISTING PASSPORTS AND PERMITS.—

(1) EXISTING PASSPORTS.—A passport issued under section

4 of the Land and Water Conservation Fund Act of 1965 (16

U.S.C. 460l–6a) or title VI of the National Parks Omnibus

Management Act of 1998 (Public Law 105–391; 16 U.S.C. 5991–

5995), such as the Golden Eagle Passport, the Golden Age

Passport, the Golden Access Passport, and the National Parks

Passport, that was valid on the day before the publication

of the Federal Register notice required under subsection (a)(3)

shall be valid in accordance with the terms agreed to at the

time of issuance of the passport, to the extent practicable,

and remain in effect until expired, lost, or stolen.

(2) PERMITS.—A permit issued under section 4 of the Land

and Water Conservation Fund Act of 1965 that was valid

on the day before the date of the enactment of this Act shall

be valid and remain in effect until expired, revoked, or suspended.

SEC. 806. COOPERATIVE AGREEMENTS.

(a) FEE MANAGEMENT AGREEMENT.—Notwithstanding chapter

63 of title 31, United States Code, the Secretary may enter into

a fee management agreement, including a contract, which may

provide for a reasonable commission, reimbursement, or discount,

with the following entities for the following purposes:

(1) With any governmental or nongovernmental entity,

including those in a gateway community, for the purpose of

obtaining fee collection and processing services, including visitor

reservation services.

(2) With any governmental or nongovernmental entity,

including those in a gateway community, for the purpose of

obtaining emergency medical services.

(3) With any governmental entity, including those in a

gateway community, to obtain law enforcement services.

(b) REVENUE SHARING.—A State or legal subdivision of a State

that enters into an agreement with the Secretary under subsection

(a) may share in a percentage of the revenues collected at the

site in accordance with that fee management agreement.

(c) COUNTY PROPOSALS.—The Secretary shall consider any proposal submitted by a county to provide services described in subsection (a). If the Secretary decides not to enter into a fee management agreement with the county under subsection (a), the Secretary

shall notify the county in writing of the decision, identifying the

reasons for the decision. The fee management agreement may

include cooperative site planning and management provisions.

16 USC 6805.

118 STAT. 3388 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 807. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVENUES.

(a) SPECIAL ACCOUNT.—The Secretary of the Treasury shall

establish a special account in the Treasury for each Federal land

management agency.

(b) DEPOSITS.—Subject to subsections (c), (d), and (e), revenues

collected by each Federal land management agency under this

Act shall—

(1) be deposited in its special account; and

(2) remain available for expenditure, without further appropriation, until expended.

(c) DISTRIBUTION OF RECREATION FEES AND SINGLE-SITE

AGENCY PASS REVENUES.—

(1) LOCAL DISTRIBUTION OF FUNDS.—

(A) RETENTION OF REVENUES.—Not less than 80 percent of the recreation fees and site-specific agency pass

revenues collected at a specific unit or area of a Federal

land management agency shall remain available for

expenditure, without further appropriation, until expended

at that unit or area.

(B) REDUCTION.—The Secretary may reduce the

percentage allocation otherwise applicable under subparagraph (A) to a unit or area of a Federal land management

agency, but not below 60 percent, for a fiscal year if the

Secretary determines that the revenues collected at the

unit or area exceed the reasonable needs of the unit or

area for which expenditures may be made for that fiscal

year.

(2) AGENCY-WIDE DISTRIBUTION OF FUNDS.—The balance

of the recreation fees and site-specific agency pass revenues

collected at a specific unit or area of a Federal land management and not distributed in accordance with paragraph (1)

shall remain available to that Federal land management agency

for expenditure on an agency-wide basis, without further appropriation, until expended.

(3) OTHER AMOUNTS.—Other amounts collected at other

locations, including recreation fees collected by other entities

or for a reservation service, shall remain available, without

further appropriation, until expended in accordance with guidelines established by the Secretary.

(d) DISTRIBUTION OF NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS REVENUES.—Revenues collected from the

sale of the National Parks and Federal Recreational Lands Pass

shall be deposited in the special accounts established for the Federal

land management agencies in accordance with the guidelines issued

under section 5(a)(7).

(e) DISTRIBUTION OF REGIONAL MULTIENTITY PASS REVENUES.—

Revenues collected from the sale of a regional multientity pass

authorized under section 5(d) shall be deposited in each participating Federal land management agency’s special account in accordance with the terms of the region multientity pass agreement

for the regional multientity pass.

SEC. 808. EXPENDITURES.

(a) USE OF FEES AT SPECIFIC SITE OR AREA.—Amounts available

for expenditure at a specific site or area—

16 USC 6807.

16 USC 6806.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3389

(1) shall be accounted for separately from the amounts

collected;

(2) may be distributed agency-wide; and

(3) shall be used only for—

(A) repair, maintenance, and facility enhancement

related directly to visitor enjoyment, visitor access, and

health and safety;

(B) interpretation, visitor information, visitor service,

visitor needs assessments, and signs;

(C) habitat restoration directly related to wildlifedependent recreation that is limited to hunting, fishing,

wildlife observation, or photography;

(D) law enforcement related to public use and recreation;

(E) direct operating or capital costs associated with

the recreation fee program; and

(F) a fee management agreement established under

section 6(a) or a visitor reservation service.

(b) LIMITATION ON USE OF FEES.—The Secretary may not use

any recreation fees for biological monitoring on Federal recreational

lands and waters under the Endangered Species Act of 1973 for

listed or candidate species.

(c) ADMINISTRATION, OVERHEAD, AND INDIRECT COSTS.—The

Secretary may use not more than an average of 15 percent of

total revenues collected under this Act for administration, overhead,

and indirect costs related to the recreation fee program by that

Secretary.

(d) TRANSITIONAL EXCEPTION.—Notwithstanding any other

provision of this Act, the Secretary may use amounts available

in the special account of a Federal land management agency to

supplement administration and marketing costs associated with—

(1) the National Parks and Federal Recreational Lands

Pass during the 5-year period beginning on the date the joint

guidelines are issued under section 5(a)(7); and

(2) a regional multientity pass authorized section 5(d)

during the 5-year period beginning on the date the regional

multientity pass agreement for that recreation pass takes effect.

SEC. 809. REPORTS.

Not later than May 1, 2006, and every 3 years thereafter,

the Secretary shall submit to Congress a report detailing the status

of the recreation fee program conducted for Federal recreational

lands and waters, including an evaluation of the recreation fee

program, examples of projects that were funded using such fees,

and future projects and programs for funding with fees, and containing any recommendations for changes in the overall fee system.

SEC. 810. SUNSET PROVISION.

The authority of the Secretary to carry out this Act shall

terminate 10 years after the date of the enactment of this Act.

SEC. 811. VOLUNTEERS.

(a) AUTHORITY TO USE VOLUNTEERS.—The Secretary may use

volunteers, as appropriate, to collect recreation fees and sell recreation passes.

(b) WAIVER OR DISCOUNT OF FEES; SITE-SPECIFIC AGENCY

PASS.—In exchange for volunteer services, the Secretary may waive

or discount an entrance fee, standard amenity recreation fee, or

16 USC 6810.

16 USC 6809.

16 USC 6808.

118 STAT. 3390 PUBLIC LAW 108–447—DEC. 8, 2004

an expanded amenity recreation fee that would otherwise apply

to the volunteer or issue to the volunteer a site-specific agency

pass authorized under section 5(c).

(c) NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS

PASS.—In accordance with the guidelines issued under section

5(a)(7), the Secretaries may issue a National Parks and Federal

Recreational Lands Pass to a volunteer in exchange for significant

volunteer services performed by the volunteer.

(d) REGIONAL MULTIENTITY PASSES.—The Secretary may issue

a regional multientity pass authorized under section 5(d) to a volunteer in exchange for significant volunteer services performed by

the volunteer, if the regional multientity pass agreement under

which the regional multientity pass was established provides for

the issuance of the pass to volunteers.

SEC. 812. ENFORCEMENT AND PROTECTION OF RECEIPTS.

(a) ENFORCEMENT AUTHORITY.—The Secretary concerned shall

enforce payment of the recreation fees authorized by this Act.

(b) EVIDENCE OF NONPAYMENT.—If the display of proof of payment of a recreation fee, or the payment of a recreation fee within

a certain time period is required, failure to display such proof

as required or to pay the recreation fee within the time period

specified shall constitute nonpayment.

(c) JOINT LIABILITY.—The registered owner and any occupant

of a vehicle charged with a nonpayment violation involving the

vehicle shall be jointly liable for penalties imposed under this

section, unless the registered owner can show that the vehicle

was used without the registered owner’s express or implied permission.

(d) LIMITATION ON PENALTIES.—The failure to pay a recreation

fee established under this Act shall be punishable as a Class A

or Class B misdemeanor, except that in the case of a first offense

of nonpayment, the fine imposed may not exceed $100, notwithstanding section 3571(e) of title 18, United States Code.

SEC. 813. REPEAL OF SUPERSEDED ADMISSION AND USE FEE

AUTHORITIES.

(a) LAND AND WATER CONSERVATION FUND ACT.—Subsections

(a), (b), (c), (d), (e), (f), (g), and (i) of section 4 of the Land and

Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a et seq.)

are repealed, except that the Secretary may continue to issue Golden

Eagle Passports, Golden Age Passports, and Golden Access Passports under such section until the date the notice required by

section 5(a)(3) is published in the Federal Register regarding the

establishment of the National Parks and Federal Recreational

Lands Pass.

(b) RECREATIONAL FEE DEMONSTRATION PROGRAM.—Section 315

of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–

134; 16 U.S.C. 460l–6a), is repealed.

(c) ADMISSION PERMITS FOR REFUGE UNITS.—Section 201 of

the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911)

is repealed.

(d) NATIONAL PARK PASSPORT, GOLDEN EAGLE PASSPORT,

GOLDEN AGE PASSPORT, AND GOLDEN ACCESS PASSPORT.—Effective

on the date the notice required by section 5(a)(3) is published

in the Federal Register, the following provisions of law authorizing

the establishment of a national park passport program or the

Effective date.

16 USC 460l–6a.

16 USC 460l–6a.

Federal Register,

publication.

16 USC 6812.

16 USC 6811.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3391

establishment and sale of a national park passport, Golden Eagle

Passport, Golden Age Passport, or Golden Access Passport are

repealed:

(1) Section 502 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391; 16 U.S.C. 5982).

(2) Title VI of the National Parks Omnibus Management

Act of 1998 (Public Law 105–391; 16 U.S.C. 5991–5995).

(e) TREATMENT OF UNOBLIGATED FUNDS.—

(1) LAND AND WATER CONSERVATION FUND SPECIAL

ACCOUNTS.—Amounts in the special accounts established under

section 4(i)(1) of the Land and Water Conservation Fund Act

of 1965 (16 U.S.C. 460l–6a(i)(1)) for Federal land management

agencies that are unobligated on the date of the enactment

of this Act shall be transferred to the appropriate special

account established under section 7 and shall be available

to the Secretary in accordance with this Act. A special account

established under section 4(i)(1) of the Land and Water Conservation Fund Act of 1965 for a Federal agency that is not

a Federal land management area, and the use of such special

account, is not affected by the repeal of section 4 of the Land

and Water Conservation Fund Act of 1965 by subsection (a)

of this section.

(2) NATIONAL PARKS PASSPORT.—Any funds collected under

title VI of the National Parks Omnibus Management Act of

1998 (Public Law 105–391; 16 U.S.C. 5991–5995) that are

unobligated on the day before the publication of the Federal

Register notice required under section 5(a)(3) shall be transferred to the special account of the National Park Service

for use in accordance with this Act. The Secretary of the Interior

may use amounts available in that special account to pay

any outstanding administration, marketing, or close-out costs

associated with the national parks passport.

(3) RECREATIONAL FEE DEMONSTRATION PROGRAM.—Any

funds collected in accordance with section 315 of the Department of the Interior and Related Agencies Appropriations Act,

1996 (as contained in section 101(c) of Public Law 104–134;

16 U.S.C. 460l–6a), that are unobligated on the day before

the date of the enactment of this Act shall be transferred

to the appropriate special account and shall be available to

the Secretary in accordance with this Act.

(4) ADMISSION PERMITS FOR REFUGE UNITS.—Any funds collected in accordance with section 201 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) that are available

as provided in subsection (c)(A) of such section and are unobligated on the day before the date of the enactment of this

Act shall be transferred to the special account of the United

States Fish and Wildlife Service for use in accordance with

this Act.

(f) EFFECT OF REGULATIONS.—A regulation or policy issued

under a provision of law repealed by this section shall remain

in effect to the extent such a regulation or policy is consistent

with the provisions of this Act until the Secretary issues a regulation, guideline, or policy under this Act that supersedes the earlier

regulation.

118 STAT. 3392 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 814. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.

(a) FEDERAL AND STATE LAWS UNAFFECTED.—Nothing in this

Act shall authorize Federal hunting or fishing licenses or fees

or charges for commercial or other activities not related to recreation, affect any rights or authority of the States with respect

to fish and wildlife, or repeal or modify any provision of law that

permits States or political subdivisions of States to share in the

revenues from Federal lands or, except as provided in subsection

(b), any provision of law that provides that any fees or charges

collected at particular Federal areas be used for or credited to

specific purposes or special funds as authorized by that provision

of law.

(b) RELATION TO REVENUE ALLOCATION LAWS.—Amounts collected under this Act, and the existence of a fee management

agreement with a governmental entity under section 6(a), may

not be taken into account for the purposes of any of the following

laws:

(1) The sixth paragraph under the heading ‘‘FOREST

SERVICE’’ in the Act of May 23, 1908 (16 U.S.C. 500).

(2) Section 13 of the Act of March 1, 1911 (16 U.S.C.

500; commonly known as the Weeks Act).

(3) The fourteenth paragraph under the heading ‘‘FOREST

SERVICE’’ in the Act of March 4, 1913 (16 U.S.C. 501).

(4) Section 33 of the Bankhead-Jones Farm Tenant Act

(7 U.S.C. 1012).

(5) Title II of the Act of August 8, 1937, and the Act

of May 24, 1939 (43 U.S.C. 1181f et seq.).

(6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869–

4).

(7) Chapter 69 of title 31, United States Code.

(8) Section 401 of the Act of June 15, 1935 (16 U.S.C.

715s; commonly known as the Refuge Revenue Sharing Act).

(9) The Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106–393; 16 U.S.C. 500

note), except that the exception made for such Act by this

subsection is unique and is not intended to be construed as

precedent for amounts collected from the use of Federal lands

under any other provision of law.

(10) Section 2 of the Boulder Canyon Project Adjustment

Act (43 U.S.C. 618a).

(11) The Federal Water Project Recreation Act (16 U.S.C.

460l–12 et seq.).

(12) The first section of the Act of June 17, 1902, as

amended or supplemented (43 U.S.C. 391).

(13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.;

commonly known as the Mineral Leasing Act).

(14) Section 4(e) of the Southern Nevada Public Land

Management Act of 1998 (Public Law 105–263; 31 U.S.C. 6901

note).

(15) Section 5(a) of the Lincoln County Land Act of 2000

(Public Law 106–298; 114 Stat. 1047).

(16) Any other provision of law relating to revenue allocation.

(c) CONSIDERATION OF OTHER FUNDS COLLECTED.—Amounts

collected under any other law may not be disbursed under this

Act.

16 USC 6813.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3393

(d) SOLE RECREATION FEE AUTHORITY.—Recreation fees charged

under this Act shall be in lieu of fees charged for the same purposes

under any other provision of law.

(e) FEES CHARGED BY THIRD PARTIES.—Notwithstanding any

other provision of this Act, a third party may charge a fee for

providing a good or service to a visitor of a unit or area of the

Federal land management agencies in accordance with any other

applicable law or regulation.

(f) MIGRATORY BIRD HUNTING STAMP ACT.—Revenues from the

stamp established under the Act of March 16, 1934 (16 U.S.C.

718 et seq.; commonly known as the Migratory Bird Hunting Stamp

Act or Duck Stamp Act), shall not be covered by this Act.

SEC. 815. LIMITATION ON USE OF FEES FOR EMPLOYEE BONUSES.

Notwithstanding any other provision of law, fees collected under

the authorities of the Act may not be used for employee bonuses.

TITLE IX—SATELLITE HOME VIEWER EXTENSION AND

REAUTHORIZATION ACT OF 2004

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

(a) SHORT TITLES.—This title may be cited as the ‘‘Satellite

Home Viewer Extension and Reauthorization Act of 2004’’ or the

‘‘W. J. (Billy) Tauzin Satellite Television Act of 2004’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short titles; table of contents.

TITLE I—STATUTORY LICENSE FOR SATELLITE CARRIERS

Sec. 101. Extension of authority.

Sec. 102. Reporting of subscribers; significantly viewed and other signals; technical

amendments.

Sec. 103. Statutory license for satellite carriers outside local markets.

Sec. 104. Statutory license for satellite retransmission of low power television stations.

Sec. 105. Definitions.

Sec. 106. Effect on certain proceedings.

Sec. 107. Statutory license for satellite carriers retransmitting superstation signals

to commercial establishments.

Sec. 108. Expedited consideration of voluntary agreements to provide satellite secondary transmissions to local markets.

Sec. 109. Study.

Sec. 110. Additional study.

Sec. 111. Special rules.

Sec. 112. Technical amendment.

TITLE II—FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

Sec. 201. Extension of retransmission consent exemption.

Sec. 202. Cable/satellite comparability.

Sec. 203. Carriage of local stations on a single dish.

Sec. 204. Replacement of distant signals with local signals.

Sec. 205. Additional notices to subscribers, networks, and stations concerning signal carriage.

Sec. 206. Privacy rights of satellite subscribers.

Sec. 207. Reciprocal bargaining obligations.

Sec. 208. Study of impact on cable television service.

Sec. 209. Reduction of required tests.

Sec. 210. Satellite carriage of television stations in noncontiguous States.

Sec. 211. Carriage of television signals to certain subscribers.

Sec. 212. Digital transition savings provision.

Sec. 213. Authorizing broadcast service in unserved areas of Alaska.

17 USC 101 note.

Satellite Home

Viewer Extension

and

Reauthorization

Act of 2004.

16 USC 6814.

118 STAT. 3394 PUBLIC LAW 108–447—DEC. 8, 2004

TITLE I—STATUTORY LICENSE FOR

SATELLITE CARRIERS

SEC. 101. EXTENSION OF AUTHORITY.

(a) IN GENERAL.—Section 4(a) of the Satellite Home Viewer

Act of 1994 (17 U.S.C. 119 note; Public Law 103–369; 108 Stat.

3481) is amended by striking ‘‘December 31, 2004’’ and inserting

‘‘December 31, 2009’’.

(b) EXTENSION FOR CERTAIN SUBSCRIBERS.—Section 119(e) of

title 17, United States Code, is amended by striking ‘‘December

31, 2004’’ and inserting ‘‘December 31, 2009’’.

SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND

OTHER SIGNALS; TECHNICAL AMENDMENTS.

Section 119(a) of title 17, United States Code, is amended—

(1) in paragraph (1)—

(A) in the paragraph heading, by striking ‘‘AND PBS

SATELLITE FEED’’;

(B) in the first sentence, by striking ‘‘(3), (4), and

(6)’’ and inserting ‘‘(5), (6), and (8)’’;

(C) in the first sentence, by striking ‘‘or by the Public

Broadcasting Service satellite feed’’; and

(D) by striking the second sentence;

(2) in paragraph (2)—

(A) in subparagraph (A), by striking ‘‘(3), (4), (5), and

(6)’’ and inserting ‘‘(5), (6), (7), and (8)’’; and

(B) by striking subparagraph (C) and inserting the

following:

‘‘(C) EXCEPTIONS.—

‘‘(i) STATES WITH SINGLE FULL-POWER NETWORK

STATION.—In a State in which there is licensed by

the Federal Communications Commission a single fullpower station that was a network station on January

1, 1995, the statutory license provided for in subparagraph (A) shall apply to the secondary transmission

by a satellite carrier of the primary transmission of

that station to any subscriber in a community that

is located within that State and that is not within

the first 50 television markets as listed in the regulations of the Commission as in effect on such date

(47 CFR 76.51).

‘‘(ii) STATES WITH ALL NETWORK STATIONS AND

SUPERSTATIONS IN SAME LOCAL MARKET.—In a State

in which all network stations and superstations

licensed by the Federal Communications Commission

within that State as of January 1, 1995, are assigned

to the same local market and that local market does

not encompass all counties of that State, the statutory

license provided under subparagraph (A) shall apply

to the secondary transmission by a satellite carrier

of the primary transmissions of such station to all

subscribers in the State who reside in a local market

that is within the first 50 major television markets

as listed in the regulations of the Commission as in

effect on such date (section 76.51 of title 47 of the

Code of Federal Regulations).

Applicability.

Applicability.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3395

‘‘(iii) ADDITIONAL STATIONS.—In the case of that

State in which are located 4 counties that—

‘‘(I) on January 1, 2004, were in local markets

principally comprised of counties in another State,

and

‘‘(II) had a combined total of 41,340 television

households, according to the U.S. Television

Household Estimates by Nielsen Media Research

for 2004,

the statutory license provided under subparagraph (A)

shall apply to secondary transmissions by a satellite

carrier to subscribers in any such county of the primary

transmissions of any network station located in that

State, if the satellite carrier was making such secondary transmissions to any subscribers in that county

on January 1, 2004.

‘‘(iv) CERTAIN ADDITIONAL STATIONS.—If 2 adjacent

counties in a single State are in a local market comprised principally of counties located in another State,

the statutory license provided for in subparagraph (A)

shall apply to the secondary transmission by a satellite

carrier to subscribers in those 2 counties of the primary

transmissions of any network station located in the

capital of the State in which such 2 counties are

located, if—

‘‘(I) the 2 counties are located in a local market

that is in the top 100 markets for the year 2003

according to Nielsen Media Research; and

‘‘(II) the total number of television households

in the 2 counties combined did not exceed 10,000

for the year 2003 according to Nielsen Media

Research.

‘‘(v) APPLICABILITY OF ROYALTY RATES.—The royalty rates under subsection (b)(1)(B) apply to the secondary transmissions to which the statutory license

under subparagraph (A) applies under clauses (i), (ii),

(iii), and (iv).

‘‘(D) SUBMISSION OF SUBSCRIBER LISTS TO NETWORKS.—

‘‘(i) INITIAL LISTS.—A satellite carrier that makes

secondary transmissions of a primary transmission

made by a network station pursuant to subparagraph

(A) shall, 90 days after commencing such secondary

transmissions, submit to the network that owns or

is affiliated with the network station—

‘‘(I) a list identifying (by name and address,

including street or rural route number, city, State,

and zip code) all subscribers to which the satellite

carrier makes secondary transmissions of that primary transmission to subscribers in unserved

households; and

‘‘(II) a separate list, aggregated by designated

market area (as defined in section 122(j)) (by name

and address, including street or rural route

number, city, State, and zip code), which shall

indicate those subscribers being served pursuant

to paragraph (3), relating to significantly viewed

stations.

Deadline.

Applicability.

118 STAT. 3396 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(ii) MONTHLY LISTS.—After the submission of the

initial lists under clause (i), on the 15th of each month,

the satellite carrier shall submit to the network—

‘‘(I) a list identifying (by name and address,

including street or rural route number, city, State,

and zip code) any persons who have been added

or dropped as subscribers under clause (i)(I) since

the last submission under clause (i); and

‘‘(II) a separate list, aggregated by designated

market area (by name and street address,

including street or rural route number, city, State,

and zip code), identifying those subscribers whose

service pursuant to paragraph (3), relating to

significantly viewed stations, has been added or

dropped.

‘‘(iii) USE OF SUBSCRIBER INFORMATION.—Subscriber information submitted by a satellite carrier

under this subparagraph may be used only for purposes

of monitoring compliance by the satellite carrier with

this subsection.

‘‘(iv) APPLICABILITY.—The submission requirements of this subparagraph shall apply to a satellite

carrier only if the network to which the submissions

are to be made places on file with the Register of

Copyrights a document identifying the name and

address of the person to whom such submissions are

to be made. The Register shall maintain for public

inspection a file of all such documents.’’;

(3) by striking paragraph (8);

(4) by redesignating paragraphs (9) through (12) as paragraphs (10) through (13), respectively;

(5) by redesignating paragraphs (3) through (7) as paragraphs (5) through (9), respectively;

(6) by inserting after paragraph (2) the following:

‘‘(3) SECONDARY TRANSMISSIONS OF SIGNIFICANTLY VIEWED

SIGNALS.—

‘‘(A) IN GENERAL.—Notwithstanding the provisions of

paragraph (2)(B), and subject to subparagraph (B) of this

paragraph, the statutory license provided for in paragraphs

(1) and (2) shall apply to the secondary transmission of

the primary transmission of a network station or a superstation to a subscriber who resides outside the station’s

local market (as defined in section 122(j)) but within a

community in which the signal has been determined by

the Federal Communications Commission, to be significantly viewed in such community, pursuant to the rules,

regulations, and authorizations of the Federal Communications Commission in effect on April 15, 1976, applicable

to determining with respect to a cable system whether

signals are significantly viewed in a community.

‘‘(B) LIMITATION.—Subparagraph (A) shall apply only

to secondary transmissions of the primary transmissions

of network stations and superstations to subscribers who

receive secondary transmissions from a satellite carrier

pursuant to the statutory license under section 122.

‘‘(C) WAIVER.—

Applicability.

Applicability.

Public

information.

Records.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3397

‘‘(i) IN GENERAL.—A subscriber who is denied the

secondary transmission of the primary transmission

of a network station under subparagraph (B) may

request a waiver from such denial by submitting a

request, through the subscriber’s satellite carrier, to

the network station in the local market affiliated with

the same network where the subscriber is located.

The network station shall accept or reject the subscriber’s request for a waiver within 30 days after

receipt of the request. If the network station fails to

accept or reject the subscriber’s request for a waiver

within that 30-day period, that network station shall

be deemed to agree to the waiver request. Unless

specifically stated by the network station, a waiver

that was granted before the date of the enactment

of the Satellite Home Viewer Extension and Reauthorization Act of 2004 under section 339(c)(2) of the

Communications Act of 1934 shall not constitute a

waiver for purposes of this subparagraph.

‘‘(ii) SUNSET.—The authority under clause (i) to

grant waivers shall terminate on December 31, 2008,

and any such waiver in effect shall terminate on that

date.’’;

(7) in paragraph (2)(B)(i), by adding at the end the following

new sentence: ‘‘The limitation in this clause shall not apply

to secondary transmissions under paragraph (3).’’.

SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE

LOCAL MARKETS.

Section 119 of title 17, United States Code, is amended as

follows:

(1) Subsection (a) is amended by inserting after paragraph

(3), as added by section 102 of this Act, the following:

‘‘(4) STATUTORY LICENSE WHERE RETRANSMISSIONS INTO

LOCAL MARKET AVAILABLE.—

‘‘(A) RULES FOR SUBSCRIBERS TO ANALOG SIGNALS

UNDER SUBSECTION (e).—

‘‘(i) FOR THOSE RECEIVING DISTANT ANALOG SIGNALS.—In the case of a subscriber of a satellite carrier

who is eligible to receive the secondary transmission

of the primary analog transmission of a network station

solely by reason of subsection (e) (in this subparagraph

referred to as a ‘distant analog signal’), and who, as

of October 1, 2004, is receiving the distant analog

signal of that network station, the following shall

apply:

‘‘(I) In a case in which the satellite carrier

makes available to the subscriber the secondary

transmission of the primary analog transmission

of a local network station affiliated with the same

television network pursuant to the statutory

license under section 122, the statutory license

under paragraph (2) shall apply only to secondary

transmissions by that satellite carrier to that subscriber of the distant analog signal of a station

affiliated with the same television network—

Applicability.

Deadlines.

118 STAT. 3398 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(aa) if, within 60 days after receiving the

notice of the satellite carrier under section

338(h)(1) of the Communications Act of 1934,

the subscriber elects to retain the distant analog signal; but

‘‘(bb) only until such time as the subscriber elects to receive such local analog

signal.

‘‘(II) Notwithstanding subclause (I), the statutory license under paragraph (2) shall not apply

with respect to any subscriber who is eligible to

receive the distant analog signal of a television

network station solely by reason of subsection (e),

unless the satellite carrier, within 60 days after

the date of the enactment of the Satellite Home

Viewer Extension and Reauthorization Act of 2004,

submits to that television network a list, aggregated by designated market area (as defined in

section 122(j)(2)(C)), that—

‘‘(aa) identifies that subscriber by name

and address (street or rural route number,

city, State, and zip code) and specifies the

distant analog signals received by the subscriber; and

‘‘(bb) states, to the best of the satellite

carrier’s knowledge and belief, after having

made diligent and good faith inquiries, that

the subscriber is eligible under subsection (e)

to receive the distant analog signals.

‘‘(ii) FOR THOSE NOT RECEIVING DISTANT ANALOG

SIGNALS.—In the case of any subscriber of a satellite

carrier who is eligible to receive the distant analog

signal of a network station solely by reason of subsection (e) and who did not receive a distant analog

signal of a station affiliated with the same network

on October 1, 2004, the statutory license under paragraph (2) shall not apply to secondary transmissions

by that satellite carrier to that subscriber of the distant

analog signal of a station affiliated with the same

network.

‘‘(B) RULES FOR OTHER SUBSCRIBERS.—In the case of

a subscriber of a satellite carrier who is eligible to receive

the secondary transmission of the primary analog transmission of a network station under the statutory license

under paragraph (2) (in this subparagraph referred to as

a ‘distant analog signal’), other than subscribers to whom

subparagraph (A) applies, the following shall apply:

‘‘(i) In a case in which the satellite carrier makes

available to that subscriber, on January 1, 2005, the

secondary transmission of the primary analog transmission of a local network station affiliated with the

same television network pursuant to the statutory

license under section 122, the statutory license under

paragraph (2) shall apply only to secondary transmissions by that satellite carrier to that subscriber

of the distant analog signal of a station affiliated with

the same television network if the subscriber’s satellite

Deadline.

Applicability.

Deadline.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3399

carrier, not later than March 1, 2005, submits to that

television network a list, aggregated by designated

market area (as defined in section 122(j)(2)(C)), that

identifies that subscriber by name and address (street

or rural route number, city, State, and zip code) and

specifies the distant analog signals received by the

subscriber.

‘‘(ii) In a case in which the satellite carrier does

not make available to that subscriber, on January 1,

2005, the secondary transmission of the primary analog

transmission of a local network station affiliated with

the same television network pursuant to the statutory

license under section 122, the statutory license under

paragraph (2) shall apply only to secondary transmissions by that satellite carrier of the distant analog

signal of a station affiliated with the same network

to that subscriber if—

‘‘(I) that subscriber seeks to subscribe to such

distant analog signal before the date on which

such carrier commences to provide pursuant to

the statutory license under section 122 the secondary transmissions of the primary analog transmission of stations from the local market of such

local network station; and

‘‘(II) the satellite carrier, within 60 days after

such date, submits to each television network a

list that identifies each subscriber in that local

market provided such an analog signal by name

and address (street or rural route number, city,

State, and zip code) and specifies the distant analog signals received by the subscriber.

‘‘(C) FUTURE APPLICABILITY.—The statutory license

under paragraph (2) shall not apply to the secondary transmission by a satellite carrier of a primary analog transmission of a network station to a person who—

‘‘(i) is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment

of the Satellite Home Viewer Extension and Reauthorization Act of 2004; and

‘‘(ii) at the time such person seeks to subscribe

to receive such secondary transmission, resides in a

local market where the satellite carrier makes available to that person the secondary transmission of the

primary analog transmission of a local network station

affiliated with the same television network pursuant

to the statutory license under section 122, and such

secondary transmission of such primary transmission

can reach such person.

‘‘(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.—

The statutory license under paragraph (2) shall apply to

secondary transmissions by a satellite carrier to a subscriber of primary digital transmissions of network stations

if such secondary transmissions to such subscriber are

permitted under section 339(a)(2)(D) of the Communications Act of 1934, as in effect on the day after the date

of the enactment of the Satellite Home Viewer Extension

and Reauthorization Act of 2004, except that the reference

Applicability.

Deadline.

118 STAT. 3400 PUBLIC LAW 108–447—DEC. 8, 2004

to section 73.683(a) of title 47, Code of Federal Regulations,

referred to in section 339(a)(2)(D)(i)(I) shall refer to such

section as in effect on the date of the enactment of the

Satellite Home Viewer Extension and Reauthorization Act

of 2004.

‘‘(E) OTHER PROVISIONS NOT AFFECTED.—This paragraph shall not affect the applicability of the statutory

license to secondary transmissions under paragraph (3)

or to unserved households included under paragraph (12).

‘‘(F) WAIVER.—A subscriber who is denied the secondary transmission of a network station under subparagraph (C) or (D) may request a waiver from such denial

by submitting a request, through the subscriber’s satellite

carrier, to the network station in the local market affiliated

with the same network where the subscriber is located.

The network station shall accept or reject the subscriber’s

request for a waiver within 30 days after receipt of the

request. If the network station fails to accept or reject

the subscriber’s request for a waiver within that 30-day

period, that network station shall be deemed to agree to

the waiver request. Unless specifically stated by the network station, a waiver that was granted before the date

of the enactment of the Satellite Home Viewer Extension

and Reauthorization Act of 2004 under section 339(c)(2)

of the Communications Act of 1934 shall not constitute

a waiver for purposes of this subparagraph.

‘‘(G) AVAILABLE DEFINED.—For purposes of this paragraph, a satellite carrier makes available a secondary

transmission of the primary transmission of a local station

to a subscriber or person if the satellite carrier offers

that secondary transmission to other subscribers who reside

in the same zip code as that subscriber or person.’’.

(2) Subsection (a) is amended by adding at the end the

following:

‘‘(14) WAIVERS.—A subscriber who is denied the secondary

transmission of a signal of a network station under subsection

(a)(2)(B) may request a waiver from such denial by submitting

a request, through the subscriber’s satellite carrier, to the network station asserting that the secondary transmission is

prohibited. The network station shall accept or reject a subscriber’s request for a waiver within 30 days after receipt

of the request. If a television network station fails to accept

or reject a subscriber’s request for a waiver within the 30-

day period after receipt of the request, that station shall be

deemed to agree to the waiver request and have filed such

written waiver. Unless specifically stated by the network station, a waiver that was granted before the date of the enactment

of the Satellite Home Viewer Extension and Reauthorization

Act of 2004 under section 339(c)(2) of the Communications

Act of 1934, and that was in effect on such date of enactment,

shall constitute a waiver for purposes of this paragraph.’’.

(3) Subsection (b)(1) is amended by striking subparagraph

(B) and inserting the following:

‘‘(B) a royalty fee for that 6-month period, computed

by multiplying the total number of subscribers receiving

Deadline.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3401

each secondary transmission of each superstation or network station during each calendar month by the appropriate rate in effect under this section.’’.

(4) Subsection (b)(1) is further amended by adding at the

end the following flush sentence: ‘‘Notwithstanding the provisions of subparagraph (B), a satellite carrier whose secondary

transmissions are subject to statutory licensing under paragraph (1) or (2) of subsection (a) shall have no royalty obligation

for secondary transmissions to a subscriber under paragraph

(3) of such subsection.’’.

(5) Subsection (c) is amended to read as follows:

‘‘(c) ADJUSTMENT OF ROYALTY FEES.—

‘‘(1) APPLICABILITY AND DETERMINATION OF ROYALTY FEES

FOR ANALOG SIGNALS.—

‘‘(A) INITIAL FEE.—The appropriate fee for purposes

of determining the royalty fee under subsection (b)(1)(B)

for the secondary transmission of the primary analog transmissions of network stations and superstations shall be

the appropriate fee set forth in part 258 of title 37, Code

of Federal Regulations, as in effect on July 1, 2004, as

modified under this paragraph.

‘‘(B) FEE SET BY VOLUNTARY NEGOTIATION.—On or

before January 2, 2005, the Librarian of Congress shall

cause to be published in the Federal Register of the initiation of voluntary negotiation proceedings for the purpose

of determining the royalty fee to be paid by satellite carriers

for the secondary transmission of the primary analog transmission of network stations and superstations under subsection (b)(1)(B).

‘‘(C) NEGOTIATIONS.—Satellite carriers, distributors,

and copyright owners entitled to royalty fees under this

section shall negotiate in good faith in an effort to reach

a voluntary agreement or agreements for the payment of

royalty fees. Any such satellite carriers, distributors and

copyright owners may at any time negotiate and agree

to the royalty fee, and may designate common agents to

negotiate, agree to, or pay such fees. If the parties fail

to identify common agents, the Librarian of Congress shall

do so, after requesting recommendations from the parties

to the negotiation proceeding. The parties to each negotiation proceeding shall bear the cost thereof.

‘‘(D) AGREEMENTS BINDING ON PARTIES; FILING OF

AGREEMENTS; PUBLIC NOTICE.—(i) Voluntary agreements

negotiated at any time in accordance with this paragraph

shall be binding upon all satellite carriers, distributors,

and copyright owners that a parties thereto. Copies of

such agreements shall be filed with the Copyright Office

within 30 days after execution in accordance with regulations that the Register of Copyrights shall prescribe.

‘‘(ii)(I) Within 10 days after publication in the Federal

Register of a notice of the initiation of voluntary negotiation

proceedings, parties who have reached a voluntary agreement may request that the royalty fees in that agreement

be applied to all satellite carriers, distributors, and copyright owners without convening an arbitration proceeding

pursuant to subparagraph (E).

Federal Register,

publication.

Deadline.

Regulations.

Deadline.

Deadline.

Federal Register,

publication.

118 STAT. 3402 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(II) Upon receiving a request under subclause (I),

the Librarian of Congress shall immediately provide public

notice of the royalty fees from the voluntary agreement

and afford parties an opportunity to state that they object

to those fees.

‘‘(III) The Librarian shall adopt the royalty fees from

the voluntary agreement for all satellite carriers, distributors, and copyright owners without convening an arbitration proceeding unless a party with an intent to participate

in the arbitration proceeding and a significant interest

in the outcome of that proceeding objects under subclause

(II).

‘‘(E) PERIOD AGREEMENT IS IN EFFECT.—The obligation

to pay the royalty fees established under a voluntary agreement which has been filed with the Copyright Office in

accordance with this paragraph shall become effective on

the date specified in the agreement, and shall remain in

effect until December 31, 2009, or in accordance with the

terms of the agreement, whichever is later.

‘‘(F) FEE SET BY COMPULSORY ARBITRATION.—

‘‘(i) NOTICE OF INITIATION OF PROCEEDINGS.—On

or before May 1, 2005, the Librarian of Congress shall

cause notice to be published in the Federal Register

of the initiation of arbitration proceedings for the purpose of determining the royalty fee to be paid for

the secondary transmission of primary analog transmission of network stations and superstations under

subsection (b)(1)(B) by satellite carriers and distributors

‘‘(I) in the absence of a voluntary agreement

filed in accordance with subparagraph (D) that

establishes royalty fees to be paid by all satellite

carriers and distributors; or

‘‘(II) if an objection to the fees from a voluntary

agreement submitted for adoption by the Librarian

of Congress to apply to all satellite carriers,

distributors, and copyright owners is received

under subparagraph (D) from a party with an

intent to participate in the arbitration proceeding

and a significant interest in the outcome of that

proceeding.

Such arbitrary proceeding shall be conducted under

chapter 8 as in effect on the day before the date of

the enactment of the Copyright Royalty and Distribution Act of 2004.

‘‘(ii) ESTABLISHMENT OF ROYALTY FEES.—In determining royalty fees under this subparagraph, the copyright arbitration royalty panel appointed under chapter

8, as in effect on the day before the date of the enactment of the Copyright Royalty and Distribution Act

of 2004 shall establish fees for the secondary transmissions of the primary analog transmission of network

stations and superstations that most clearly represent

the fair market value of secondary transmissions,

except that the Librarian of Congress and any copyright arbitration royalty panel shall adjust those fees

to account for the obligations of the parties under

Federal Register,

publication.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3403

any applicable voluntary agreement filed with the

Copyright Office pursuant to subparagraph (D). In

determining the fair market value, the panel shall

base its decision on economic, competitive, and

programming information presented by the parties,

including—

‘‘(I) the competitive environment in which such

programming is distributed, the cost of similar

signals in similar private and compulsory license

marketplaces, and any special features and conditions of the retransmission marketplace;

‘‘(II) the economic impact of such fees on copyright owners and satellite carriers; and

‘‘(III) the impact on the continued availability

of secondary transmissions to the public.

‘‘(iii) PERIOD DURING WHICH DECISION OF ARBITRATION PANEL OR ORDER OF LIBRARIAN EFFECTIVE.—The

obligation to pay the royalty fee established under

a determination which—

‘‘(I) is made by a copyright arbitration royalty

panel in an arbitration proceeding under this paragraph and is adopted by the Librarian of Congress

under section 802(f), as in effect on the day before

the date of the enactment of the Copyright Royalty

and Distribution Act of 2004; or

‘‘(II) is established by the Librarian under section 802(f) as in effect on the day before such

date of enactment shall be effective as of January

1, 2005.

‘‘(iv) PERSONS SUBJECT TO ROYALTY FEE.—The royalty fee referred to in (iii) shall be binding on all

satellite carriers, distributors and copyright owners,

who are not party to a voluntary agreement filed with

the Copyright Office under subparagraph (D).

‘‘(2) APPLICABILITY AND DETERMINATION OF ROYALTY FEES

FOR DIGITAL SIGNALS.—The process and requirements for establishing the royalty fee payable under subsection (b)(1)(B) for

the secondary transmission of the primary digital transmissions

of network stations and superstations shall be the same as

that set forth in paragraph (1) for the secondary transmission

of the primary analog transmission of network stations and

superstations, except that—

‘‘(A) the initial fee under paragraph (1)(A) shall be

the rates set forth in section 298.3(b)(1) and (2) of title

37, Code of Federal Regulations, as in effect on the date

of the enactment of the Satellite Home Viewer Extension

and Reauthorization Act of 2004, reduced by 22.5 percent;

‘‘(B) the notice of initiation of arbitration proceedings

required in paragraph (1)(F)(i) shall be published on or

before December 31, 2005; and

‘‘(C) the royalty fees that are established for the secondary transmission of the primary digital transmission

of network stations and superstations in accordance with

to the procedures set forth in paragraph (1)(F)(iii) and

are payable under subsection (b)(1)(B)—

‘‘(i) shall be reduced by 22.5 percent; and

Notice.

Deadline.

118 STAT. 3404 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(ii) shall be adjusted by the Librarian of Congress

on January 1, 2007, and on January 1 of each year

thereafter, to reflect any changes occurring during the

preceding 12 months in the cost of living as determined

by the most recent Consumer Price Index (for all consumers and items) published by the Secretary of

Labor.’’.

(6) Subsection (a)(7), as redesignated by section 102(5) of

this Act, is amended—

(A) in subparagraph (A), by striking ‘‘who does not

reside in an unserved household’’ and inserting ‘‘who is

not eligible to receive the transmission under this section’’;

(B) in subparagraph (B), by striking ‘‘who do not reside

in unserved households’’ and inserting ‘‘who are not eligible

to receive the transmission under this section’’; and

(C) in subparagraph (D), by striking ‘‘is for private

home viewing to an unserved household’’ and inserting

‘‘is to a subscriber who is eligible to receive the secondary

transmission under this section’’.

SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF

LOW POWER TELEVISION STATIONS.

(a) IN GENERAL.—Section 119(a) of title 17, United States Code

(as amended by sections 102 and 103 of this Act), is further amended

by adding at the end the following:

‘‘(15) CARRIAGE OF LOW POWER TELEVISION STATIONS.—

‘‘(A) IN GENERAL.—Notwithstanding paragraph (2)(B),

and subject to subparagraphs (B) through (F) of this paragraph, the statutory license provided for in paragraphs

(1) and (2) shall apply to the secondary transmission of

the primary transmission of a network station or a superstation that is licensed as a low power television station,

to a subscriber who resides within the same local market.

‘‘(B) GEOGRAPHIC LIMITATION.—

‘‘(i) NETWORK STATIONS.—With respect to network

stations, secondary transmissions provided for in

subparagraph (A) shall be limited to secondary transmissions to subscribers who—

‘‘(I) reside in the same local market as the

station originating the signal; and

‘‘(II) reside within 35 miles of the transmitter

site of such station, except that in the case of

such a station located in a standard metropolitan

statistical area which has 1 of the 50 largest populations of all standard metropolitan statistical

areas (based on the 1980 decennial census of population taken by the Secretary of Commerce), the

number of miles shall be 20.

‘‘(ii) SUPERSTATIONS.—With respect to superstations, secondary transmissions provided for in subparagraph (A) shall be limited to secondary transmissions

to subscribers who reside in the same local market

as the station originating the signal.

Applicability.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3405

‘‘(C) NO APPLICABILITY TO REPEATERS AND TRANS- LATORS.—Secondary transmissions provided for in subparagraph (A) shall not apply to any low power television station that retransmits the programs and signals of another

television station for more than 2 hours each day.

‘‘(D) ROYALTY FEES.—Notwithstanding subsection

(b)(1)(B), a satellite carrier whose secondary transmissions

of the primary transmissions of a low power television

station are subject to statutory licensing under this section

shall have no royalty obligation for secondary transmissions

to a subscriber who resides within 35 miles of the transmitter site of such station, except that in the case of such

a station located in a standard metropolitan statistical

area which has 1 of the 50 largest populations of all

standard metropolitan statistical areas (based on the 1980

decennial census of population taken by the Secretary of

Commerce), the number of miles shall be 20. Carriage

of a superstation that is a low power television station

within the station’s local market, but outside of the 35-

mile or 20-mile radius described in the preceding sentence,

shall be subject to royalty payments under subsection

(b)(1)(B).

‘‘(E) LIMITATION TO SUBSCRIBERS TAKING LOCAL-INTOLOCAL SERVICE.—Secondary transmissions provided for in

subparagraph (A) may be made only to subscribers who

receive secondary transmissions of primary transmissions

from that satellite carrier pursuant to the statutory license

under section 122, and only in conformity with the requirements under 340(b) of the Communications Act of 1934,

as in effect on the date of the enactment of the Satellite

Home Viewer Extension and Reauthorization Act of 2004.’’.

SEC. 105. DEFINITIONS.

Section 119(d) of title 17, United States Code, is amended—

(1) in paragraph (2)(A), by striking ‘‘a television broadcast

station’’ and inserting ‘‘a television station licensed by the Federal Communications Commission’’;

(2) by amending paragraph (9) to read as follows:

‘‘(9) SUPERSTATION.—The term ‘superstation’ means a television station, other than a network station, licensed by the

Federal Communications Commission, that is secondarily transmitted by a satellite carrier.’’;

(3) in paragraph (10)—

(A) in subparagraph (B), by striking ‘‘granted under

regulations established under section 339(c)(2) of the

Communications Act of 1934’’ and inserting ‘‘that meets

the standards of subsection (a)(14) whether or not the

waiver was granted before the date of the enactment of

the Satellite Home Viewer Extension and Reauthorization

Act of 2004’’; and

(B) in subparagraph (D), by striking ‘‘(a)(11)’’ and

inserting ‘‘(a)(12)’’; and

(4) by striking paragraphs (11) and (12) and inserting the

following:

‘‘(11) LOCAL MARKET.—The term ‘local market’ has the

meaning given such term under section 122(j), except that

with respect to a low power television station, the term ‘local

118 STAT. 3406 PUBLIC LAW 108–447—DEC. 8, 2004

market’ means the designated market area in which the station

is located.

‘‘(12) LOW POWER TELEVISION STATION.—The term ‘low

power television station’ means a low power television as

defined under section 74.701(f) of title 47, Code of Federal

Regulations, as in effect on June 1, 2004. For purposes of

this paragraph, the term ‘low power television station’ includes

a low power television station that has been accorded primary

status as a Class A television licensee under section 73.6001(a)

of title 47, Code of Federal Regulations.

‘‘(13) COMMERCIAL ESTABLISHMENT.—The term ‘commercial

establishment’—

‘‘(A) means an establishment used for commercial purposes, such as a bar, restaurant, private office, fitness

club, oil rig, retail store, bank or other financial institution,

supermarket, automobile or boat dealership, or any other

establishment with a common business area; and

‘‘(B) does not include a multi-unit permanent or temporary dwelling where private home viewing occurs, such

as a hotel, dormitory, hospital, apartment, condominium,

or prison.’’.

SEC. 106. EFFECT ON CERTAIN PROCEEDINGS.

Nothing in this title shall modify any remedy imposed on

a party that is required by the judgment of a court in any action

that was brought before May 1, 2004, against that party for a

violation of section 119 of title 17, United States Code.

SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RETRANSMITTING SUPERSTATION SIGNALS TO COMMERCIAL ESTABLISHMENTS.

(a) IN GENERAL.—Section 119 of title 17, United States Code,

is amended—

(1) in subsection (a)(1)—

(A) by inserting ‘‘or for viewing in a commercial

establishment’’ after ‘‘for private home viewing’’ each place

it appears; and

(B) by striking ‘‘household’’ and inserting ‘‘subscriber’’;

(2) in subsection (b), by striking ‘‘for private home viewing’’

each place it appears;

(3) in subsection (d)(1)—

(A) by striking ‘‘for private home viewing’’; and

(B) by inserting ‘‘in accordance with the provisions

of this section’’ before the period;

(4) in subsection (d)(6), by inserting ‘‘pursuant to this section’’ before the period; and

(5) in subsection (d)(8)—

(A) by striking ‘‘who’’ and inserting ‘‘or entity that’’;

(B) by striking ‘‘for private home viewing’’; and

(C) by inserting ‘‘in accordance with the provisions

of this section’’ before the period.

(b) CONFORMING AMENDMENTS.—Subsections (a)(4) and

(d)(1)(A) of section 111 of title 17, United States Code, are each

amended by striking ‘‘for private home viewing’’.

17 USC 119 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3407

SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS

TO PROVIDE SATELLITE SECONDARY TRANSMISSIONS TO

LOCAL MARKETS.

Section 119 of title 17, United States Code, is amended by

adding at the end the following:

‘‘(f) EXPEDITED CONSIDERATION BY JUSTICE DEPARTMENT OF

VOLUNTARY AGREEMENTS TO PROVIDE SATELLITE SECONDARY

TRANSMISSIONS TO LOCAL MARKETS.—

‘‘(1) IN GENERAL.—In a case in which no satellite carrier

makes available, to subscribers located in a local market, as

defined in section 122(j)(2), the secondary transmission into

that market of a primary transmission of one or more television

broadcast stations licensed by the Federal Communications

Commission, and two or more satellite carriers request a business review letter in accordance with section 50.6 of title 28,

Code of Federal Regulations (as in effect on July 7, 2004),

in order to assess the legality under the antitrust laws of

proposed business conduct to make or carry out an agreement

to provide such secondary transmission into such local market,

the appropriate official of the Department of Justice shall

respond to the request no later than 90 days after the date

on which the request is received.

‘‘(2) DEFINITION.—For purposes of this subsection, the term

‘antitrust laws’—

‘‘(A) has the meaning given that term in subsection

(a) of the first section of the Clayton Act (15 U.S.C. 12(a)),

except that such term includes section 5 of the Federal

Trade Commission Act (15 U.S.C. 45) to the extent such

section 5 applies to unfair methods of competition; and

‘‘(B) includes any State law similar to the laws referred

to in paragraph (1).’’.

SEC. 109. STUDY.

No later than June 30, 2008, the Register of Copyrights shall

report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the Register’s findings and recommendations on the operation and revision

of the statutory licenses under sections 111, 119, and 122 of title

17, United States Code. The report shall include, but not be limited

to, the following:

(1) A comparison of the royalties paid by licensees under

such sections, including historical rates of increases in these

royalties, a comparison between the royalties under each such

section and the prices paid in the marketplace for comparable

programming.

(2) An analysis of the differences in the terms and conditions of the licenses under such sections, an analysis of whether

these differences are required or justified by historical, technological, or regulatory differences that affect the satellite and

cable industries, and an analysis of whether the cable or satellite industry is placed in a competitive disadvantage due

to these terms and conditions.

(3) An analysis of whether the licenses under such sections

are still justified by the bases upon which they were originally

created.

(4) An analysis of the correlation, if any, between the

royalties, or lack thereof, under such sections and the fees

Deadline.

Reports.

Deadline.

118 STAT. 3408 PUBLIC LAW 108–447—DEC. 8, 2004

charged to cable and satellite subscribers, addressing whether

cable and satellite companies have passed to subscribers any

savings realized as a result of the royalty structure and

amounts under such sections.

(5) An analysis of issues that may arise with respect to

the application of the licenses under such sections to the secondary transmissions of the primary transmissions of network

stations and superstations that originate as digital signals,

including issues that relate to the application of the unserved

household limitations under section 119 of title 17, United

States Code, and to the determination of royalties of cable

systems and satellite carriers.

SEC. 110. ADDITIONAL STUDY.

No later than December 31, 2005, the Register of Copyrights

shall report to the Committee on the Judiciary of the House of

Representatives and the Committee on the Judiciary of the Senate

the Register’s findings and recommendations on the following:

(1) The extent to which the unserved household limitation

for network stations contained in section 119 of title 17, United

States Code, has operated efficiently and effectively and has

forwarded the goal of title 17, United States Code, to protect

copyright owners of over-the-air television programming,

including what amendments, if any, are necessary to effectively

identify the application of the limitation to individual households to receive secondary transmissions of primary digital

transmissions of network stations.

(2) The extent to which secondary transmissions of primary

transmissions of network stations and superstations under section 119 of title 17, United States Code, harm copyright owners

of broadcast programming throughout the United States and

the effect, if any, of the statutory license under section 122

of title 17, United States Code, in reducing such harm.

SEC. 111. SPECIAL RULES.

(a) RESTRICTIONS ON TRANSMISSION OF DISTANT TELEVISION

STATIONS IN AREAS OF ALASKA WHERE LOCAL-INTO-LOCAL SERVICE

IS AVAILABLE.—Section 119(a) of title 17, United States Code, is

amended by adding at the end thereof the following:

‘‘(16) RESTRICTED TRANSMISSION OF OUT-OF-STATE DISTANT

NETWORK SIGNALS INTO CERTAIN MARKETS.— ‘‘(A) OUT-OF-STATE NETWORK AFFILIATES.—Notwithstanding any other provision of this title, the statutory

license in this subsection and subsection (b) shall not apply

to any secondary transmission of the primary transmission

of a network station located outside of the State of Alaska

to any subscriber in that State to whom the secondary

transmission of the primary transmission of a television

station located in that State is made available by the

satellite carrier pursuant to section 122.

‘‘(B) EXCEPTION.—The limitation in subparagraph (A)

shall not apply to the secondary transmission of the primary transmission of a digital signal of a network station

located outside of the State of Alaska if at the time that

the secondary transmission is made, no television station

licensed to a community in the State and affiliated with

the same network makes primary transmissions of a digital

signal.’’.

Deadline.

Reports.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3409

(b) EXTRA DMA DEEMED LOCAL.—Section 122(j)(2) of title 17,

United States Code, is amended by adding at the end thereof

the following:

‘‘(D) CERTAIN AREAS OUTSIDE OF ANY DESIGNATED

MARKET AREA.—Any census area, borough, or other area

in the State of Alaska that is outside of a designated

market area, as determined by Nielsen Media Research,

shall be deemed to be part of one of the local markets

in the State of Alaska. A satellite carrier may determine

which local market in the State of Alaska will be deemed

to be the relevant local market in connection with each

subscriber in such census area, borough, or other area.’’.

SEC. 112. TECHNICAL AMENDMENT.

Section 803(b)(1)(A)(i)(V) of title 17, United States Code, as

amended by the Copyright Royalty and Distribution Reform Act

of 2004, is amended by inserting before the period at the end

the following: ‘‘, except that in the case of proceedings under section

111 that are scheduled to commence in 2005, such notice may

not be published.

TITLE II—FEDERAL COMMUNICATIONS

COMMISSION OPERATIONS

SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.

Section 325(b)(2)(C) of the Communications Act of 1934 (47

U.S.C. 325(b)(2)(C)) is amended by striking ‘‘December 31, 2004’’

and inserting ‘‘December 31, 2009’’.

SEC. 202. CABLE/SATELLITE COMPARABILITY.

(a) AMENDMENT.—Part I of title III of the Communications

Act of 1934 is amended by inserting after section 339 (47 U.S.C.

339) the following new section:

‘‘SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CARRIED.

‘‘(a) SIGNIFICANTLY VIEWED STATIONS.—In addition to the

broadcast signals that subscribers may receive under section 338

and 339, a satellite carrier is also authorized to retransmit to

a subscriber located in a community the signal of any station

located outside the local market in which such subscriber is located,

to the extent such signal—

‘‘(1) has, before the date of enactment of the Satellite Home

Viewer Extension and Reauthorization Act of 2004, been determined by the Federal Communications Commission to be a

signal a cable operator may carry as significantly viewed in

such community, except to the extent that such signal is prevented from being carried by a cable system in such community

under the Commission’s network nonduplication and syndicated

exclusivity rules; or

‘‘(2) is, after such date of enactment, determined by the

Commission to be significantly viewed in such community in

accordance with the same standards and procedures concerning

shares of viewing hours and audience surveys as are applicable

47 USC 340.

118 STAT. 3410 PUBLIC LAW 108–447—DEC. 8, 2004

under the rules, regulations, and authorizations of the Commission to determining with respect to a cable system whether

signals are significantly viewed in a community.

‘‘(b) LIMITATIONS.— ‘‘(1) ANALOG SERVICE LIMITED TO SUBSCRIBERS TAKING

LOCAL-INTO-LOCAL SERVICE.—With respect to a signal that originates as an analog signal of a network station, this section

shall apply only to retransmissions to subscribers of a satellite

carrier who receive retransmissions of a signal that originates

as an analog signal of a local network station from that satellite

carrier pursuant to section 338.

‘‘(2) DIGITAL SERVICE LIMITATIONS.—With respect to a signal

that originates as a digital signal of a network station, this

section shall apply only if—

‘‘(A) the subscriber receives from the satellite carrier

pursuant to section 338 the retransmission of the digital

signal of a network station in the subscriber’s local market

that is affiliated with the same television network; and

‘‘(B) either—

‘‘(i) the retransmission of the local network station

occupies at least the equivalent bandwidth as the digital signal retransmitted pursuant to this section; or

‘‘(ii) the retransmission of the local network station

is comprised of the entire bandwidth of the digital

signal broadcast by such local network station.

‘‘(3) LIMITATION NOT APPLICABLE WHERE NO NETWORK

AFFILIATES.—The limitations in paragraphs (1) and (2) shall

not prohibit a retransmission under this section to a subscriber

located in a local market in which there are no network stations

affiliated with the same television network as the station whose

signal is being retransmitted pursuant to this section.

‘‘(4) AUTHORITY TO GRANT STATION-SPECIFIC WAIVERS.—

Paragraphs (1) and (2) shall not prohibit a retransmission

of a network station to a subscriber if and to the extent that

the network station in the local market in which the subscriber

is located, and that is affiliated with the same television network, has privately negotiated and affirmatively granted a

waiver from the requirements of paragraph (1) and (2) to such

satellite carrier with respect to retransmission of the significantly viewed station to such subscriber.

‘‘(c) PUBLICATION AND MODIFICATIONS OF LISTS; REGULATIONS.—

‘‘(1) IN GENERAL.—The Commission shall—

‘‘(A) within 60 days after the date of enactment of

the Satellite Home Viewer Extension and Reauthorization

Act of 2004—

‘‘(i) publish a list of the stations that are eligible

for retransmission under subsection (a)(1) and the

communities in which such stations are eligible for

such retransmission; and

‘‘(ii) commence a rulemaking proceeding to implement this section by publication of a notice of proposed

rulemaking;

‘‘(B) adopt rules pursuant to such rulemaking within

1 year after such date of enactment.

‘‘(2) PUBLIC AVAILABILITY OF LIST.—The Commission shall

make readily available to the public in electronic form, on

the Internet website of the Commission or other comparable

Deadline.

Applicability.

Applicability.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3411

facility, a list of the stations that are eligible for retransmission

under subsection (a) and the communities in which such stations are eligible for such retransmission. The Commission

shall update such list within 10 business days after the date

on which the Commission issues an order making any modification of such stations and communities.

‘‘(3) MODIFICATIONS.—In addition to cable operators and

television broadcast station licensees, the Commission shall

permit a satellite carrier to petition for decisions and orders—

‘‘(A) by which stations may be added to those that

are eligible for retransmission under subsection (a), and

by which communities may be added in which such stations

are eligible for such retransmission; and

‘‘(B) by which network nonduplication or syndicated

exclusivity regulations are applied to the retransmission

in accordance with subsection (e).

‘‘(d) EFFECT ON OTHER OBLIGATIONS AND RIGHTS.—

‘‘(1) NO EFFECT ON CARRIAGE OBLIGATIONS.—Carriage of

a signal under this section is not mandatory, and any right

of a station licensee to have the signal of such station carried

under section 338 is not affected by the eligibility of such

station to be carried under this section.

‘‘(2) RETRANSMISSION CONSENT RIGHTS NOT AFFECTED.—The

eligibility of the signal of a station to be carried under this

section does not affect any right of the licensee of such station

to grant (or withhold) retransmission consent under section

325(b)(1).

‘‘(e) NETWORK NONDUPLICATION AND SYNDICATED EXCLUSIVITY.—

‘‘(1) NOT APPLICABLE EXCEPT AS PROVIDED BY COMMISSION

REGULATIONS.—Signals eligible to be carried under this section

are not subject to the Commission’s regulations concerning

network nonduplication or syndicated exclusivity unless, pursuant to regulations adopted by the Commission, the Commission

determines to permit network nonduplication or syndicated

exclusivity to apply within the appropriate zone of protection.

‘‘(2) LIMITATION.—Nothing in this subsection or Commission regulations shall permit the application of network nonduplication or syndicated exclusivity regulations to the retransmission of distant signals of network stations that are carried

by a satellite carrier pursuant to a statutory license under

section 119(a)(2)(A) or (B) of title 17, United States Code,

with respect to persons who reside in unserved households,

under 119(a)(4)(A), or under section 119(a)(12), of such title.

‘‘(f) ENFORCEMENT.—

‘‘(1) ORDERS AND DAMAGES.—Upon complaint, the Commission shall issue a cease and desist order to any satellite carrier

found to have violated this section in carrying any television

broadcast station. Such order may, if a complaining station

requests damages—

‘‘(A) provide for the award of damages to a complaining

station that establishes that the violation was committed

in bad faith, in an amount up to $50 per subscriber, per

station, per day of the violation; and

‘‘(B) provide for the award of damages to a prevailing

satellite carrier if the Commission determines that the

Deadline.

118 STAT. 3412 PUBLIC LAW 108–447—DEC. 8, 2004

complaint was frivolous, in an amount up to $50 per subscriber alleged to be in violation, per station alleged, per

day of the alleged violation.

‘‘(2) COMMISSION DECISION.—The Commission shall issue

a final determination resolving a complaint brought under this

subsection not later than 180 days after the submission of

a complaint under this subsection. The Commission may hear

witnesses if it clearly appears, based on written filings by

the parties, that there is a genuine dispute about material

facts. Except as provided in the preceding sentence, the

Commission may issue a final ruling based on written filings

by the parties.

‘‘(3) REMEDIES IN ADDITION.—The remedies under this subsection are in addition to any remedies available under title

17, United States Code.

‘‘(4) NO EFFECT ON COPYRIGHT PROCEEDINGS.—Any determination, action, or failure to act of the Commission under

this subsection shall have no effect on any proceeding under

title 17, United States Code, and shall not be introduced in

evidence in any proceeding under that title. In no instance

shall a Commission enforcement proceeding under this subsection be required as a predicate to the pursuit of a remedy

available under title 17.

‘‘(g) NOTICES CONCERNING SIGNIFICANTLY VIEWED STATIONS.—

Each satellite carrier that proposes to commence the retransmission

of a station pursuant to this section in any local market shall—

‘‘(1) not less than 60 days before commencing such retransmission, provide a written notice to any television broadcast

station in such local market of such proposal; and

‘‘(2) designate on such carrier’s website all significantly

viewed signals carried pursuant to section 340 and the communities in which the signals are carried.

‘‘(h) ADDITIONAL CORRESPONDING CHANGES IN REGULATIONS.—

‘‘(1) COMMUNITY-BY-COMMUNITY ELECTIONS.—The Commission shall, no later than October 30, 2005, revise section 76.66

of its regulations (47 CFR 76.66), concerning satellite broadcast

signal carriage, to permit (at the next cycle of elections under

section 325) a television broadcast station that is located in

a local market into which a satellite carrier retransmits a

television broadcast station pursuant to section 338, to elect,

with respect to such satellite carrier, between retransmission

consent pursuant to such section 325 and mandatory carriage

pursuant to section 338 separately for each county within such

station’s local market, if—

‘‘(A) the satellite carrier has notified the station, pursuant to paragraph (3), that it intends to carry another affiliate of the same network pursuant to this section during

the relevant election period in the station’s local market;

or

‘‘(B) on the date notification under paragraph (3) was

due, the satellite carrier was retransmitting into the station’s local market pursuant to this section an affiliate

of the same television network.

‘‘(2) UNIFIED NEGOTIATIONS.—In revising its regulations as

required by paragraph (1), the Commission shall provide that

any such station shall conduct a unified negotiation for the

Deadline.

Deadline.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3413

entire portion of its local market for which retransmission

consent is elected.

‘‘(3) ADDITIONAL PROVISIONS.—The Commission shall, no

later than October 30, 2005, revise its regulations to provide

the following:

‘‘(A) NOTIFICATIONS BY SATELLITE CARRIER.—A satellite

carrier’s retransmission of television broadcast stations

pursuant to this section shall be subject to the following

limitations:

‘‘(i) In any local market in which the satellite

carrier provides service pursuant to section 338 on

the date of enactment of the Satellite Home Viewer

Extension and Reauthorization Act of 2004, the carrier

may notify a television broadcast station in that

market, at least 60 days prior to any date on which

the station must thereafter make an election under

section 76.66 of the Commission’s regulations (47 CFR

76.66), of—

‘‘(I) each affiliate of the same television network that the carrier reserves the right to retransmit into that station’s local market pursuant

to this section during the next election cycle under

such section of such regulations; and

‘‘(II) for each such affiliate, the communities

into which the satellite carrier reserves the right

to make such retransmissions.

‘‘(ii) In any local market in which the satellite

carrier commences service pursuant to section 338 after

the date of enactment of the Satellite Home Viewer

Extension and Reauthorization Act of 2004, the carrier

may notify a station in that market, at least 60 days

prior to the introduction of such service in that market,

and thereafter at least 60 days prior to any date on

which the station must thereafter make an election

under section 76.66 of the Commission’s regulations

(47 CFR 76.66), of each affiliate of the same television

network that the carrier reserves the right to retransmit into that station’s local market during the

next election cycle under such section of such regulations.

‘‘(iii) Beginning with the 2005 election cycle, a

satellite carrier may only retransmit pursuant to this

section during the pertinent election period a signal—

‘‘(I) as to which it has provided the notifications set forth in clauses (i) and (ii); or

‘‘(II) that it was retransmitting into the local

market under this section as of the date such

notifications were due.

‘‘(B) HARMONIZATION OF ELECTIONS AND RETRANSMISSION CONSENT AGREEMENTS.—If a satellite carrier notifies a television broadcast station that it reserves the right

to retransmit an affiliate of the same television network

during the next election cycle pursuant to this section,

the station may choose between retransmission consent

and mandatory carriage for any portion of the 3-year election cycle that is not covered by an existing retransmission

consent agreement.

Deadline.

118 STAT. 3414 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(i) DEFINITIONS.—As used in this section:

‘‘(1) LOCAL MARKET; SATELLITE CARRIER; SUBSCRIBER; TELE- VISION BROADCAST STATION.—The terms ‘local market’, ‘satellite

carrier’, ‘subscriber’, and ‘television broadcast station’ have the

meanings given such terms in section 338(k).

‘‘(2) NETWORK STATION; TELEVISION NETWORK.—The terms

‘network station’ and ‘television network’ have the meanings

given such terms in section 339(d).

‘‘(3) COMMUNITY.—The term ‘community’ means—

‘‘(A) a county or a cable community, as determined

under the rules, regulations, and authorizations of the

Commission applicable to determining with respect to a

cable system whether signals are significantly viewed; or

‘‘(B) a satellite community, as determined under such

rules, regulations, and authorizations (or revisions thereof)

as the Commission may prescribe in implementing the

requirements of this section.

‘‘(4) BANDWIDTH.—The terms ‘equivalent bandwidth’ and

‘entire bandwidth’ shall be defined by the Commission by regulation, except that this paragraph shall not be construed—

‘‘(A) to prevent a satellite operator from using compression technology;

‘‘(B) to require a satellite operator to use the identical

bandwidth or bit rate as the local or distant broadcaster

whose signal it is retransmitting;

‘‘(C) to require a satellite operator to use the identical

bandwidth or bit rate for a local network station as it

does for a distant network station;

‘‘(D) to affect a satellite operator’s obligations under

subsection (a)(1); or

‘‘(E) to affect the definitions of ‘program related’ and

‘primary video’.’’.

SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.

(a) AMENDMENTS.—Section 338 of the Communications Act of

1934 (47 U.S.C. 338(d)) is amended—

(1) by redesignating subsections (g) and (h) as subsections

(j) and (k), respectively; and

(2) by inserting after subsection (f) the following new subsection:

‘‘(g) CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.—

‘‘(1) SINGLE DISH.—Each satellite carrier that retransmits

the analog signals of local television broadcast stations in a

local market shall retransmit such analog signals in such

market by means of a single reception antenna and associated

equipment.

‘‘(2) EXCEPTION.—If the carrier retransmits signals in the

digital television service, the carrier shall retransmit such digital signals in such market by means of a single reception

antenna and associated equipment, but such antenna and associated equipment may be separate from the single reception

antenna and associated equipment used for analog television

service signals.

‘‘(3) EFFECTIVE DATE.—The requirements of paragraphs (1)

and (2) of this subsection shall apply on and after 18 months

after the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3415

‘‘(4) NOTICE OF DISRUPTIONS.—A carrier that is providing

signals of a local television broadcast station in a local market

under this section on the date of enactment of the Satellite

Home Viewer Extension and Reauthorization Act of 2004 shall,

not later than 15 months after such date of enactment, provide

to the licensees for such stations and the carrier’s subscribers

in such local market a notice that displays prominently and

conspicuously a clear statement of—

‘‘(A) any reallocation of signals between different reception antennas and associated equipment that the carrier

intends to make in order to comply with the requirements

of this subsection;

‘‘(B) the need, if any, for subscribers to obtain an

additional reception antenna and associated equipment to

receive such signals; and

‘‘(C) any cessation of carriage or other material change

in the carriage of signals as a consequence of the requirements of this paragraph.’’.

(b) CONFORMING AMENDMENTS: COMMISSION ENFORCEMENT OF

SECTION; LOW POWER TELEVISION STATIONS.—

(1) Section 338(a) of such Act is amended by striking paragraphs (1) and (2) and inserting the following:

‘‘(1) IN GENERAL.—Each satellite carrier providing, under

section 122 of title 17, United States Code, secondary transmissions to subscribers located within the local market of a

television broadcast station of a primary transmission made

by that station shall carry upon request the signals of all

television broadcast stations located within that local market,

subject to section 325(b).

‘‘(2) REMEDIES FOR FAILURE TO CARRY.—In addition to the

remedies available to television broadcast stations under section

501(f) of title 17, United States Code, the Commission may

use the Commission’s authority under this Act to assure compliance with the obligations of this subsection, but in no instance

shall a Commission enforcement proceeding be required as

a predicate to the pursuit of a remedy available under such

section 501(f).

‘‘(3) LOW POWER STATION CARRIAGE OPTIONAL.—No low

power television station whose signals are provided under section 119(a)(14) of title 17, United States Code, shall be entitled

to insist on carriage under this section, regardless of whether

the satellite carrier provides secondary transmissions of the

primary transmissions of other stations in the same local

market pursuant to section 122 of such title, nor shall any

such carriage be considered in connection with the requirements

of subsection (c) of this section.’’.

(2) Section 338(c)(1) of such Act is amended by striking

‘‘subsection (a)’’ and inserting ‘‘subsection (a)(1)’’.

(3) Section 338(k) of such Act (as redesignated by subsection

(a)(1)) is amended—

(A) by redesignating paragraphs (4) through (7) as

paragraphs (5) through (8), respectively; and

(B) by inserting after paragraph (3) the following new

paragraph:

‘‘(4) LOW POWER TELEVISION STATION.—The term ‘low power

television station’ means a low power television station as

defined under section 74.701(f) of title 47, Code of Federal

Deadline.

118 STAT. 3416 PUBLIC LAW 108–447—DEC. 8, 2004

Regulations, as in effect on June 1, 2004. For purposes of

this paragraph, the term ‘low power television station’ includes

a low power television station that has been accorded primary

status as a Class A television licensee under section 73.6001(a)

of title 47, Code of Federal Regulations.’’.

SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.

(a) REPLACEMENT.—Section 339(a) of the Communications Act

of 1934 (47 U.S.C. 339(a)) is amended—

(1) in paragraph (1), by adding at the end the following

new sentence: ‘‘Such two network stations may be comprised

of both the analog signal and digital signal of not more than

two network stations.’’;

(2) by redesignating paragraph (2) as paragraph (3);

(3) by inserting after paragraph (1) the following new paragraph:

‘‘(2) REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.—Notwithstanding any other provision of paragraph (1),

the following rules shall apply after the date of enactment

of the Satellite Home Viewer Extension and Reauthorization

Act of 2004:

‘‘(A) RULES FOR GRANDFATHERED SUBSCRIBERS TO ANALOG SIGNALS.—

‘‘(i) FOR THOSE RECEIVING DISTANT ANALOG SIGNALS.—In the case of a subscriber of a satellite carrier

who is eligible to receive the analog signal of a network

station solely by reason of section 119(e) of title 17,

United States Code (in this subparagraph referred to

as a ‘distant analog signal’), and who, as of October

1, 2004, is receiving the distant analog signal of that

network station, the following shall apply:

‘‘(I) In a case in which the satellite carrier

makes available to the subscriber the analog signal

of a local network station affiliated with the same

television network pursuant to section 338, the

carrier may only provide the secondary transmissions of the distant analog signal of a station

affiliated with the same network to that

subscriber—

‘‘(aa) if, within 60 days after receiving the

notice of the satellite carrier under section

338(h)(1) of this Act, the subscriber elects to

retain the distant analog signal; but

‘‘(bb) only until such time as the subscriber elects to receive such local analog

signal.

‘‘(II) Notwithstanding subclause (I), the carrier

may not retransmit the distant analog signal to

any subscriber who is eligible to receive the analog

signal of a network station solely by reason of

section 119(e) of title 17, United States Code,

unless such carrier, within 60 days after the date

of the enactment of the Satellite Home Viewer

Extension and Reauthorization Act of 2004, submits to that television network the list and statement required by subparagraph (F)(i).

Deadline.

Deadline.

Applicability.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3417

‘‘(ii) FOR THOSE NOT RECEIVING DISTANT ANALOG

SIGNALS.—In the case of any subscriber of a satellite

carrier who is eligible to receive the distant analog

signal of a network station solely by reason of section

119(e) of title 17, United States Code, and who did

not receive a distant analog signal of a station affiliated

with the same network on October 1, 2004, the carrier

may not provide the secondary transmissions of the

distant analog signal of a station affiliated with the

same network to that subscriber.

‘‘(B) RULES FOR OTHER SUBSCRIBERS TO ANALOG SIG- NALS.—In the case of a subscriber of a satellite carrier

who is eligible to receive the analog signal of a network

station under this section (in this subparagraph referred

to as a ‘distant analog signal’), other than subscribers to

whom subparagraph (A) applies, the following shall apply:

‘‘(i) In a case in which the satellite carrier makes

available to that subscriber, on January 1, 2005, the

analog signal of a local network station affiliated with

the same television network pursuant to section 338,

the carrier may only provide the secondary transmissions of the distant analog signal of a station affiliate with the same network to that subscriber if the

subscriber’s satellite carrier, not later than March 1,

2005, submits to that television network the list and

statement required by subparagraph (F)(i).

‘‘(ii) In a case in which the satellite carrier does

not make available to that subscriber, on January 1,

2005, the analog signal of a local network station

pursuant to section 338, the carrier may only provide

the secondary transmissions of the distant analog

signal of a station affiliated with the same network

to that subscriber if—

‘‘(I) that subscriber seeks to subscribe to such

distant analog signal before the date on which

such carrier commences to carry pursuant to section 338 the analog signals of stations from the

local market of such local network station; and

‘‘(II) the satellite carrier, within 60 days after

such date, submits to each television network the

list and statement required by subparagraph

(F)(ii).

‘‘(C) FUTURE APPLICABILITY.—A satellite carrier may

not provide a distant analog signal (within the meaning

of subparagraph (A) or (B)) to a person who—

‘‘(i) is not a subscriber lawfully receiving such secondary transmission as of the date of the enactment

of the Satellite Home Viewer Extension and Reauthorization Act of 2004; and

‘‘(ii) at the time such person seeks to subscribe

to receive such secondary transmission, resides in a

local market where the satellite carrier makes available to that person the analog signal of a local network

station affiliated with the same television network

pursuant to section 338, and the retransmission of

such signal by such carrier can reach such subscriber.

‘‘(D) SPECIAL RULES FOR DISTANT DIGITAL SIGNALS.—

Applicability.

Deadlines.

118 STAT. 3418 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(i) ELIGIBILITY.—In the case of a subscriber of

a satellite carrier who, with respect to a local network

station—

‘‘(I) is a subscriber whose household is located

outside the coverage area of the analog signal of

such station as predicted by the model specified

in subsection (c)(3) of this section for the signal

intensity required under section 73.683(a) of title

47 of the Code of Federal Regulations, or a successor regulation;

‘‘(II) is in an unserved household as determined under section 119(d)(1)(A) of title 17, United

States Code; or

‘‘(III) is, after the date on which the conditions

required by clause (vii) are met with respect to

such station, determined under clause (vi) of this

subparagraph to be unable to receive a digital

signal of such local network station that exceeds

the signal intensity standard specified in such

clause;

such subscriber is eligible to receive the digital signal

of a distant network station affiliated with the same

network under this section (in this subparagraph

referred to as a ‘distant digital signal’) subject to the

provisions of this subparagraph.

‘‘(ii) PRE-ENACTMENT DISTANT DIGITAL SIGNAL SUBSCRIBERS.—Any eligible subscriber under this subparagraph who is a lawful subscriber to such a distant

digital signal as of the date of enactment of the Satellite Home Viewer Extension and Reauthorization Act

of 2004 may continue to receive such distant digital

signal, whether or not such subscriber elects to subscribe to local digital signals.

‘‘(iii) LOCAL-TO-LOCAL ANALOG MARKETS.—In a case

in which the satellite carrier makes available to an

eligible subscriber under this subparagraph the analog

signal of a local network station pursuant to section

338, the carrier may only provide the distant digital

signal of a station affiliated with the same network

to that subscriber if—

‘‘(I) in the case of any local market in the

48 contiguous States of the United States, the

distant digital signal is the secondary transmission

of a station whose prime time network programming is generally broadcast simultaneously with,

or later than, the prime time network programming of the affiliate of the same network in the

local market;

‘‘(II) in any local market, the retransmission

of the distant digital signal of the distant station

occupies at least the equivalent bandwidth (as such

term is defined by the Commission under section

340(h)(4)) as the digital signal broadcast by such

station; and

‘‘(III) the subscriber subscribes to the analog

signal of such local network station within 60 days

after such signal is made available by the satellite

Deadlines.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3419

carrier, and adds to or replaces such analog signal

with the digital signal from such local network

station within 60 days after such signal is made

available by the satellite carrier, except that such

distant digital signal may continue to be provided

to a subscriber who cannot be reached by the satellite transmission of the local digital signal.

‘‘(iv) LOCAL-TO-LOCAL DIGITAL MARKETS.—After the

date on which a satellite carrier makes available the

digital signal of a local network station, the carrier

may not offer the distant digital signal of a network

station affiliated with the same television network to

any new subscriber to such distant digital signal after

such date, except that such distant digital signal may

be provided to a new subscriber who cannot be reached

by the satellite transmission of the local digital signal.

‘‘(v) NON-LOCAL-TO-LOCAL MARKETS.—After the

date of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, if the satellite

carrier does not make available the digital signal of

a local network station in a local market, the satellite

carrier may offer a new subscriber after such date

who is eligible under this subparagraph a distant digital signal from a station affiliated with the same network and, in the case of any local market in the 48

contiguous States of the United States, whose prime

time network programming is generally broadcast

simultaneously with, or later than, the prime time

network programming of the affiliate of the same network in the local market, except that—

‘‘(I) such carrier may continue to provide such

distant digital signal to such a subscriber after

the date on which the carrier makes available

the digital signal of a local network station affiliated with such network only if such subscriber

subscribes to the digital signal from such local

network station; and

‘‘(II) the limitation contained in subclause (I)

of this clause shall not apply to a subscriber that

cannot be reached by the satellite transmission

of the local digital signal.

‘‘(vi) SIGNAL TESTING FOR DIGITAL SIGNALS.—

‘‘(I) A subscriber shall be eligible for a distant

digital signal under clause (i)(III) if such subscriber

is determined, based on a test conducted in accordance with section 73.686(d) of title 47, Code of

Federal Regulations, or any successor regulation,

not to be able to receive a signal that exceeds

the signal intensity standard in section

73.622(e)(1) of title 47, Code of Federal Regulations, as in effect on the date of enactment of

the Satellite Home Viewer Extension and

Reauthorization Act of 2004.

‘‘(II) Such test shall be conducted, upon written request for a digital signal strength test by

the subscriber to the satellite carrier, within 30

days after the date the subscriber submits such

Deadline.

118 STAT. 3420 PUBLIC LAW 108–447—DEC. 8, 2004

request for the test. Such test shall be conducted

by a qualified and independent person selected

by the satellite carrier and the network station

or stations, or who has been previously approved

by the satellite carrier and by each affected network station but not previously disapproved. A

tester may not be so disapproved for a test after

the tester has commenced such test.

‘‘(III) Unless the satellite carrier and the network station or stations otherwise agree, the costs

of conducting the test shall be borne as follows:

‘‘(aa) If the subscriber is not eligible for

a distant digital signal under clause (i)(I) of

this subparagraph (by reason of being outside

of the coverage area of the analog signal),

the satellite carrier may request the station

licensee for a waiver.

‘‘(bb) If the licensee agrees to a waiver,

or fails to respond to a waiver request within

30 days, the subscriber may receive such distant digital signal.

‘‘(cc) If the licensee refuses to grant a

waiver, the subscriber may request the satellite carrier to conduct the test.

‘‘(dd) If the satellite carrier requests the

test and—

‘‘(AA) the station’s signal is determined to exceed such signal intensity

standard, the costs of the test shall be

borne by the satellite carrier; and

‘‘(BB) the station’s signal is determined to not exceed such signal intensity

standard, the costs of the test shall be

borne by the licensee.

‘‘(ee) If the satellite carrier does not

request the test, or fails to respond within

30 days, the subscriber may request the test

be conducted under the supervision of the carrier, and the costs of the test shall be borne

by the subscriber in accordance with regulations prescribed by the Commission. Such

regulations shall also require the carrier to

notify the subscriber of the typical costs of

such test.

‘‘(vii) TRIGGER EVENTS FOR USE OF TESTING.—A

subscriber shall not be eligible for a distant digital

signal under clause (i)(III) pursuant to a test conducted

under clause (vii) until—

‘‘(I) in the case of a subscriber whose household

is located within the area predicted to be served

(by the predictive model for analog signals under

subsection (b)(3) of this section) by the signal of

a local network station and who is seeking a distant digital signal of a station affiliated with the

same network as that local network station—

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3421

‘‘(aa) April 30, 2006, if such local network

station is within the top 100 television markets and—

‘‘(AA) has received a tentative digital

television service channel designation that

is the same as such station’s current digital television service channel; or

‘‘(BB) has been found by the Commission to have lost interference protection;

or

‘‘(bb) July 15, 2007, for any other local

network stations, other than translator stations licensed to broadcast on the date of

enactment of the Satellite Home Viewer

Extension and Reauthorization Act of 2004;

or

‘‘(II) in the case of a translator station, 1 year

after the date on which the Commission completes

all actions necessary for the allocation and assignment of digital television licenses to television

translator stations.

‘‘(viii) TESTING WAIVERS.—Upon request by a local

network station, the Commission may grant a waiver

with respect to such station to the beginning of testing

under clause (vii), and prohibit subscribers from

receiving digital signal strength testing with respect

to such station. Such a request shall be filed not less

than 5 months prior to the implementation deadline

specified in such clause, and the Commission shall

act on such request by such implementation deadline.

Such a waiver shall expire at the end of not more

than 6 months, except that a waiver may be renewed

upon a proper showing. The Commission may only

grant such a request upon submission of clear and

convincing evidence that the station’s digital signal

coverage is limited due to the unremediable presence

of one or more of the following:

‘‘(I) the need for international coordination or

approvals;

‘‘(II) clear zoning or environmental legal

impediments;

‘‘(III) force majeure;

‘‘(IV) the station experiences a substantial

decrease in its digital signal coverage area due

to necessity of using side-mounted antenna;

‘‘(V) substantial technical problems that result

in a station experiencing a substantial decrease

in its coverage area solely due to actions to avoid

interference with emergency response providers;

or

‘‘(VI) no satellite carrier is providing the retransmission of the analog signals of local network

stations under section 338 in the local market.

Under no circumstances may such a waiver be based

upon financial exigency.

Expiration date.

Deadline.

118 STAT. 3422 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(ix) SPECIAL WAIVER PROVISION FOR TRANS- LATORS.—Upon request by a television translator station, the Commission may grant, for not more than

3 years, a waiver with respect to such station to the

beginning of testing under clause (vii), and prohibit

subscribers from receiving digital signal strength

testing with respect to such station, if the Commission

determines that the translator station is not broadcasting a digital signal due to one or more of the

following:

‘‘(I) frequent occurrence of inclement weather;

or

‘‘(II) mountainous terrain at the transmitter

tower location.

‘‘(x) SAVINGS PROVISION.—Nothing in this subparagraph shall be construed to affect a satellite carrier’s

obligations under section 338.

‘‘(xi) DEFINITION.—For purposes of clause (viii), the

term ‘emergency response providers’ means Federal,

State, or local governmental and nongovernmental

emergency public safety, law enforcement, fire, emergency response, emergency medical (including hospital

emergency facilities), and related personnel, organizations, agencies, or authorities.

‘‘(E) AUTHORITY TO GRANT STATION-SPECIFIC WAIVERS.—

This paragraph shall not prohibit a retransmission of a

distant analog signal or distant digital signal (within the

meaning of subparagraph (A), (B), or (D)) of any distant

network station to any subscriber to whom the signal of

a local network station affiliated with the same network

is available, if and to the extent that such local network

station has affirmatively granted a waiver from the requirements of this paragraph to such satellite carrier with

respect to retransmission of such distant network station

to such subscriber.

‘‘(F) NOTICES TO NETWORKS OF DISTANT SIGNAL SUBSCRIBERS.—

‘‘(i) Within 60 days after the date of enactment

of the Satellite Home Viewer Extension and Reauthorization Act of 2004, each satellite carrier that provides

a distant signal of a network station to a subscriber

pursuant to subparagraph (A) or (B)(i) of this paragraph shall submit to each network—

‘‘(I) a list, aggregated by designated market

area, identifying each subscriber provided such a

signal by—

‘‘(aa) name;

‘‘(bb) address (street or rural route

number, city, State, and zip code); and

‘‘(cc) the distant network signal or signals

received; and

‘‘(II) a statement that, to the best of the carrier’s knowledge and belief after having made diligent and good faith inquiries, the subscriber is

qualified under the existing law to receive the

distant network signal or signals pursuant to

subparagraph (A) or (B)(i) of this paragraph.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3423

‘‘(ii) Within 60 days after the date a satellite carrier commences to carry pursuant to section 338 the

signals of stations from a local market, such a satellite

carrier that provides a distant signal of a network

station to a subscriber pursuant to subparagraph (B)(ii)

of this paragraph shall submit to each network—

‘‘(I) a list identifying each subscriber in that

local market provided such a signal by—

‘‘(aa) name;

‘‘(bb) address (street or rural route

number, city, State, and zip code); and

‘‘(cc) the distant network signal or signals

received; and

‘‘(II) a statement that, to the best of the carrier’s knowledge and belief after having made diligent and good faith inquiries, the subscriber is

qualified under the existing law to receive the

distant network signal or signals pursuant to

subparagraph (B)(ii) of this paragraph.

‘‘(G) OTHER PROVISIONS NOT AFFECTED.—This paragraph shall not affect the eligibility of a subscriber to

receive secondary transmissions under section 340 of this

Act or as an unserved household included under section

119(a)(12) of title 17, United States Code.

‘‘(H) AVAILABLE DEFINED.—For purposes of this paragraph, a satellite carrier makes available a local signal

to a subscriber or person if the satellite carrier offers

that local signal to other subscribers who reside in the

same zip code as that subscriber or person.’’; and

(4) in paragraph (3) (as redesignated by paragraph (2)

of this subsection), by adding at the end the following: ‘‘, except

that paragraph (2)(D) of this subsection, relating to the provision of distant digital signals, shall be enforceable under the

provisions of section 340(f)’’.

(b) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.—Section 339(c) of such Act (47 U.S.C. 339(c)) is amended by striking

paragraph (1) and inserting the following:

‘‘(1) STUDY OF DIGITAL STRENGTH TESTING PROCEDURES.—

‘‘(A) STUDY REQUIRED.—Not later than 1 year after

the date of the enactment of the Satellite Home Viewer

Extension and Reauthorization Act of 2004, the Federal

Communications Commission shall complete an inquiry

regarding whether, for purposes of identifying if a household is unserved by an adequate digital signal under section

119(d)(10) of title 17, United States Code, the digital signal

strength standard in section 73.622(e)(1) of title 47, Code

of Federal Regulations, or the testing procedures in section

73.686(d) of title 47, Code of Federal Regulations, such

statutes or regulations should be revised to take into

account the types of antennas that are available to consumers.

‘‘(B) STUDY CONSIDERATIONS.—In conducting the study

under this paragraph, the Commission shall consider

whether—

‘‘(i) to account for the fact that an antenna can

be mounted on a roof or placed in a home and can

be fixed or capable of rotating;

Deadline.

Deadline.

118 STAT. 3424 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(ii) section 73.686(d) of title 47, Code of Federal

Regulations, should be amended to create different

procedures for determining if the requisite digital

signal strength is present than for determining if the

requisite analog signal strength is present;

‘‘(iii) a standard should be used other than the

presence of a signal of a certain strength to ensure

that a household can receive a high-quality picture

using antennas of reasonable cost and ease of installation;

‘‘(iv) to develop a predictive methodology for determining whether a household is unserved by an adequate digital signal under section 119(d)(10) of title

17, United States Code;

‘‘(v) there is a wide variation in the ability of

reasonably priced consumer digital television sets to

receive over-the-air signals, such that at a given signal

strength some may be able to display high-quality pictures while others cannot, whether such variation is

related to the price of the television set, and whether

such variation should be factored into setting a

standard for determining whether a household is

unserved by an adequate digital signal; and

‘‘(vi) to account for factors such as building loss,

external interference sources, or undesired signals from

both digital television and analog television stations

using either the same or adjacent channels in nearby

markets, foliage, and man-made clutter.

‘‘(C) REPORT.—Not later than 1 year after the date

of the enactment of the Satellite Home Viewer Extension

and Reauthorization Act of 2004, the Federal Communications Commission shall submit to the Committee on Energy

and Commerce of the House of Representatives and the

Committee on Commerce, Science, and Transportation of

the Senate a report containing—

‘‘(i) the results of the study under this paragraph;

and

‘‘(ii) recommendations, if any, as to what changes

should be made to Federal statutes or regulations.’’.

SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND

STATIONS CONCERNING SIGNAL CARRIAGE.

Section 338 of the Communications Act of 1934 (47 U.S.C.

338) is further amended by inserting after subsection (g) (as added

by section 203) the following new subsection:

‘‘(h) ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND

STATIONS CONCERNING SIGNAL CARRIAGE.—

‘‘(1) NOTICES TO AND ELECTIONS BY SUBSCRIBERS CONCERNING GRANDFATHERED SIGNALS.—Any carrier that provides

a distant signal of a network station to a subscriber pursuant

section 339(a)(2)(A) shall—

‘‘(A) within 60 days after the local signal of a network

station of the same television network is available pursuant

to section 338, or within 60 days after the date of enactment

of the Satellite Home Viewer Extension and Reauthorization Act of 2004, whichever is later, send a notice to the

subscriber—

Deadlines.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3425

‘‘(i) offering to substitute the local network signal

for the duplicating distant network signal; and

‘‘(ii) informing the subscriber that, if the subscriber

fails to respond in 60 days, the subscriber will lose

the distant network signal but will be permitted to

subscribe to the local network signal; and

‘‘(B) if the subscriber—

‘‘(i) elects to substitute such local network signal

within such 60 days, switch such subscriber to such

local network signal within 10 days after the end of

such 60-day period; or

‘‘(ii) fails to respond within such 60 days, terminate

the distant network signal within 10 days after the

end of such 60-day period.

‘‘(2) NOTICE TO STATION LICENSEES OF COMMENCEMENT OF

LOCAL-INTO-LOCAL SERVICE.— ‘‘(A) NOTICE REQUIRED.—Within 180 days after the date

of enactment of the Satellite Home Viewer Extension and

Reauthorization Act of 2004, the Commission shall revise

the regulations under this section relating to notice to

broadcast station licensees to comply with the requirements

of this paragraph.

‘‘(B) CONTENTS OF COMMENCEMENT NOTICE.—The

notice required by such regulations shall inform each television broadcast station licensee within any local market

in which a satellite carrier proposes to commence carriage

of signals of stations from that market, not later than

60 days prior to the commencement of such carriage—

‘‘(i) of the carrier’s intention to launch local-intolocal service under this section in a local market, the

identity of that local market, and the location of the

carrier’s proposed local receive facility for that local

market;

‘‘(ii) of the right of such licensee to elect carriage

under this section or grant retransmission consent

under section 325(b);

‘‘(iii) that such licensee has 30 days from the date

of the receipt of such notice to make such election;

and

‘‘(iv) that failure to make such election will result

in the loss of the right to demand carriage under

this section for the remainder of the 3-year cycle of

carriage under section 325.

‘‘(C) TRANSMISSION OF NOTICES.—Such regulations

shall require that each satellite carrier shall transmit the

notices required by such regulation via certified mail to

the address for such television station licensee listed in

the consolidated database system maintained by the

Commission.’’.

SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.

(a) AMENDMENT.—Section 338 of the Communications Act of

1934 (47 U.S.C. 338) is further amended by inserting after subsection (h) (as added by section 205) the following new subsection:

‘‘(i) PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.— ‘‘(1) NOTICE.—At the time of entering into an agreement

to provide any satellite service or other service to a subscriber

118 STAT. 3426 PUBLIC LAW 108–447—DEC. 8, 2004

and at least once a year thereafter, a satellite carrier shall

provide notice in the form of a separate, written statement

to such subscriber which clearly and conspicuously informs

the subscriber of—

‘‘(A) the nature of personally identifiable information

collected or to be collected with respect to the subscriber

and the nature of the use of such information;

‘‘(B) the nature, frequency, and purpose of any disclosure which may be made of such information, including

an identification of the types of persons to whom the disclosure may be made;

‘‘(C) the period during which such information will

be maintained by the satellite carrier;

‘‘(D) the times and place at which the subscriber may

have access to such information in accordance with paragraph (5); and

‘‘(E) the limitations provided by this section with

respect to the collection and disclosure of information by

a satellite carrier and the right of the subscriber under

paragraphs (7) and (9) to enforce such limitations.

In the case of subscribers who have entered into such an

agreement before the effective date of this subsection, such

notice shall be provided within 180 days of such date and

at least once a year thereafter.

‘‘(2) DEFINITIONS.—For purposes of this subsection, other

than paragraph (9)—

‘‘(A) the term ‘personally identifiable information’ does

not include any record of aggregate data which does not

identify particular persons;

‘‘(B) the term ‘other service’ includes any wire or radio

communications service provided using any of the facilities

of a satellite carrier that are used in the provision of

satellite service; and

‘‘(C) the term ‘satellite carrier’ includes, in addition

to persons within the definition of satellite carrier, any

person who—

‘‘(i) is owned or controlled by, or under common

ownership or control with, a satellite carrier; and

‘‘(ii) provides any wire or radio communications

service.

‘‘(3) PROHIBITIONS.—

‘‘(A) CONSENT TO COLLECTION.—Except as provided in

subparagraph (B), a satellite carrier shall not use any

facilities used by the satellite carrier to collect personally

identifiable information concerning any subscriber without

the prior written or electronic consent of the subscriber

concerned.

‘‘(B) EXCEPTIONS.—A satellite carrier may use such

facilities to collect such information in order to—

‘‘(i) obtain information necessary to render a satellite service or other service provided by the satellite

carrier to the subscriber; or

‘‘(ii) detect unauthorized reception of satellite

communications.

‘‘(4) DISCLOSURE.— ‘‘(A) CONSENT TO DISCLOSURE.—Except as provided in

subparagraph (B), a satellite carrier shall not disclose

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3427

personally identifiable information concerning any subscriber without the prior written or electronic consent of

the subscriber concerned and shall take such actions as

are necessary to prevent unauthorized access to such

information by a person other than the subscriber or satellite carrier.

‘‘(B) EXCEPTIONS.—A satellite carrier may disclose such

information if the disclosure is—

‘‘(i) necessary to render, or conduct a legitimate

business activity related to, a satellite service or other

service provided by the satellite carrier to the subscriber;

‘‘(ii) subject to paragraph (9), made pursuant to

a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom

the order is directed;

‘‘(iii) a disclosure of the names and addresses of

subscribers to any satellite service or other service,

if—

‘‘(I) the satellite carrier has provided the subscriber the opportunity to prohibit or limit such

disclosure; and

‘‘(II) the disclosure does not reveal, directly

or indirectly, the—

‘‘(aa) extent of any viewing or other use

by the subscriber of a satellite service or other

service provided by the satellite carrier; or

‘‘(bb) the nature of any transaction made

by the subscriber over any facilities used by

the satellite carrier; or

‘‘(iv) to a government entity as authorized under

chapter 119, 121, or 206 of title 18, United States

Code, except that such disclosure shall not include

records revealing satellite subscriber selection of video

programming from a satellite carrier.

‘‘(5) ACCESS BY SUBSCRIBER.—A satellite subscriber shall

be provided access to all personally identifiable information

regarding that subscriber which is collected and maintained

by a satellite carrier. Such information shall be made available

to the subscriber at reasonable times and at a convenient

place designated by such satellite carrier. A satellite subscriber

shall be provided reasonable opportunity to correct any error

in such information.

‘‘(6) DESTRUCTION OF INFORMATION.—A satellite carrier

shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was

collected and there are no pending requests or orders for access

to such information under paragraph (5) or pursuant to a

court order.

‘‘(7) PENALTIES.—Any person aggrieved by any act of a

satellite carrier in violation of this section may bring a civil

action in a United States district court. The court may award—

‘‘(A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day

of violation or $1,000, whichever is higher;

‘‘(B) punitive damages; and

118 STAT. 3428 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(C) reasonable attorneys’ fees and other litigation costs

reasonably incurred.

The remedy provided by this subsection shall be in addition

to any other lawful remedy available to a satellite subscriber.

‘‘(8) RULE OF CONSTRUCTION.—Nothing in this title shall

be construed to prohibit any State from enacting or enforcing

laws consistent with this section for the protection of subscriber

privacy.

‘‘(9) COURT ORDERS.—Except as provided in paragraph

(4)(B)(iv), a governmental entity may obtain personally identifiable information concerning a satellite subscriber pursuant to

a court order only if, in the court proceeding relevant to such

court order—

‘‘(A) such entity offers clear and convincing evidence

that the subject of the information is reasonably suspected

of engaging in criminal activity and that the information

sought would be material evidence in the case; and

‘‘(B) the subject of the information is afforded the

opportunity to appear and contest such entity’s claim.’’.

(b) EFFECTIVE DATE.—Section 338(i) of the Communications

Act of 1934 (47 U.S.C. 338(i)) as amended by subsection (a) of

this section shall be effective 60 days after the date of enactment

of this Act.

SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.

(a) AMENDMENTS.—Section 325(b)(3)(C) of the Communications

Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended—

(1) by striking ‘‘Within 45 days’’ and all that follows through

‘‘1999, the’’ and inserting ‘‘The’’;

(2) by striking the second sentence;

(3) by striking ‘‘and’’ at the end of clause (i);

(4) in clause (ii)—

(A) by striking ‘‘January 1, 2006’’ and inserting

‘‘January 1, 2010’’; and

(B) by striking the period at the end and inserting

‘‘; and’’; and

(5) by adding at the end the following new clause:

‘‘(iii) until January 1, 2010, prohibit a multichannel video programming distributor from failing

to negotiate in good faith for retransmission consent

under this section, and it shall not be a failure to

negotiate in good faith if the distributor enters into

retransmission consent agreements containing different terms and conditions, including price terms, with

different broadcast stations if such different terms and

conditions are based on competitive marketplace

considerations.’’.

(b) DEADLINE.—The Federal Communications Commission shall

prescribe regulations to implement the amendment made by subsection (a)(5) within 180 days after the date of enactment of this

Act.

SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE.

(a) STUDY REQUIRED.—No later than 9 months after the date

of enactment of the Satellite Home Viewer Extension and Reauthorization Act of 2004, the Federal Communications Commission shall

complete an inquiry regarding the impact on competition in the

multichannel video programming distribution market of the current

Deadline.

Regulations.

47 USC 325 note.

47 USC 338 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3429

retransmission consent, network nonduplication, syndicated exclusivity, and sports blackout rules, including the impact of those

rules on the ability of rural cable operators to compete with direct

broadcast satellite industry in the provision of digital broadcast

television signals to consumers. Such report shall include such

recommendations for changes in any statutory provisions relating

to such rules as the Commission deems appropriate.

(b) REPORT REQUIRED.—The Federal Communications Commission shall submit a report on the results of the inquiry required

by subsection (a) to the Committee on Energy and Commerce of

the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate not later than 9 months

after the date of the enactment of this Act.

SEC. 209. REDUCTION OF REQUIRED TESTS.

Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C.

339(c)(4)) is amended by inserting after subparagraph (C) the following new subparagraphs:

‘‘(D) REDUCTION OF VERIFICATION BURDENS.—Within

1 year after the date of enactment of the Satellite Home

Viewer Extension and Reauthorization Act of 2004, the

Commission shall by rule exempt from the verification

requirements of subparagraph (A) any request for a test

made by a subscriber to a satellite carrier to whom the

retransmission of the signals of local broadcast stations

is available under section 338 from such carrier.

‘‘(E) EXCEPTION.—A satellite carrier may refuse to

engage in the testing process. If the carrier does so refuse,

a subscriber in a local market in which the satellite carrier

does not offer the signals of local broadcast stations under

section 338 may, at his or her own expense, authorize

a signal intensity test to be performed pursuant to the

procedures specified by the Commission in section 73.686(d)

of title 47, Code of Federal Regulations, by a tester who

is approved by the satellite carrier and by each affected

network station, or who has been previously approved by

the satellite carrier and by each affected network station

but not previously disapproved. A tester may not be so

disapproved for a test after the tester has commenced

such test. The tester shall give 5 business days advance

written notice to the satellite carrier and to the affected

network station or stations. A signal intensity test conducted in accordance with this subparagraph shall be determinative of the signal strength received at that household

for purposes of determining whether the household is

capable of receiving a Grade B intensity signal.’’.

SEC. 210. SATELLITE CARRIAGE OF TELEVISION STATIONS IN NONCONTIGUOUS STATES.

Section 338(a) of the Communications Act of 1934 (47 U.S.C.

338(a)) is amended by adding at the end the following:

‘‘(4) CARRIAGE OF SIGNALS OF LOCAL STATIONS IN CERTAIN

MARKETS.—A satellite carrier that offers multichannel video

programming distribution service in the United States to more

than 5,000,000 subscribers shall (A) within 1 year after the

date of the enactment of the Satellite Home Viewer Extension

and Reauthorization Act of 2004, retransmit the signals originating as analog signals of each television broadcast station

Deadlines.

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118 STAT. 3430 PUBLIC LAW 108–447—DEC. 8, 2004

located in any local market within a State that is not part

of the contiguous United States, and (B) within 30 months

after such date of enactment retransmit the signals originating

as digital signals of each such station. The retransmissions

of such stations shall be made available to substantially all

of the satellite carrier’s subscribers in each station’s local

market, and the retransmissions of the stations in at least

one market in the State shall be made available to substantially

all of the satellite carrier’s subscribers in areas of the State

that are not within a designated market area. The cost to

subscribers of such retransmissions shall not exceed the cost

of retransmissions of local television stations in other States.

Within 1 year after the date of enactment of that Act, the

Commission shall promulgate regulations concerning elections

by television stations in such State between mandatory carriage

pursuant to this section and retransmission consent pursuant

to section 325(b), which shall take into account the schedule

on which local television stations are made available to viewers

in such State.’’.

SEC. 211. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.

Part I of title III of the Communications Act of 1934 (47

U.S.C. 301 et seq.) is amended by inserting after section 339 the

following:

‘‘SEC. 341. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.

‘‘(a)(1) IN GENERAL.—A cable operator or satellite carrier may

elect to retransmit, to subscribers in an eligible county.—

‘‘(A) any television broadcast stations that are located in

the State in which the county is located and that any cable

operator or satellite carrier was retransmitting to subscribers

in the county on January 1, 2004; or

‘‘(B) up to 2 television broadcast stations located in the

State in which the county is located, if the number of television

broadcast stations that the cable operator or satellite carrier

is authorized to carry under paragraph (1) is less than 3.

‘‘(2) DEEMED SIGNIFICANTLY VIEWED.—A station described in

subsection (a) is deemed to be significantly viewed in the eligible

county within the meaning of section 76.54 of the Commission’s

regulations (47 CFR 76.54).

‘‘(3) DEFINITION OF ELIGIBLE COUNTY.—For purposes of this

section, the term ‘eligible county’ means any 1 of 4 counties that—

‘‘(A) are all in a single State;

‘‘(B) on January 1, 2004, were each in designated market

areas in which the majority of counties were located in another

State or States; and

‘‘(C) as a group had a combined total of 41,340 television

households according to the U.S. Television Household Estimates by Nielsen Media Research for 2003–2004.

‘‘(4) LIMITATION.—Carriage of a station under this section shall

be at the option of the cable operator or satellite carrier.

‘‘(b) CERTAIN MARKETS .—Notwithstanding any other provision

of law, a satellite carrier may not carry the signal of a television

station into an adjacent local market that is comprised of only

a portion of a county, other than to unserved households located

in that county.’’.

47 USC 341.

Regulations.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3431

SEC. 212. DIGITAL TRANSITION SAVINGS PROVISION.

Nothing in the dates by which requirements or other provisions

are effective under this Act or the amendments made by this

Act shall be construed—

(1) to impair the authority of the Federal Communications

Commission to take any action with respect to the transition

by television broadcasters to the digital television service; or

(2) to require the Commission to take any such action.

SEC. 213. AUTHORIZING BROADCAST SERVICE IN UNSERVED AREAS

OF ALASKA.

Title III of the Communications Act of 1934 is amended as

follows:

(1) In section 307(c)(3)—

(A) by striking ‘‘any hearing’’ and inserting ‘‘any

administrative or judicial hearing’’; and

(B) by inserting ‘‘or section 402’’ after ‘‘section 405’’.

(2) In section 307, by adding at the end the following

new subsection:

‘‘(f) Notwithstanding any other provision of law, (1) any holder

of a broadcast license may broadcast to an area of Alaska that

otherwise does not have access to over the air broadcasts via translator, microwave, or other alternative signal delivery even if another

holder of a broadcast license begins broadcasting to such area,

(2) any holder of a broadcast license who has broadcast to an

area of Alaska that did not have access to over the air broadcasts

via translator, microwave, or other alternative signal delivery may

continue providing such service even if another holder of a broadcast

license begins broadcasting to such area, and shall not be fined

or subject to any other penalty, forfeiture, or revocation related

to providing such service including any fine, penalty, forfeiture,

or revocation for continuing to operate notwithstanding orders to

the contrary.’’.

(3) In section 312(g), by inserting before the period at

the end the following: ‘‘, except that the Commission may

extend or reinstate such station license if the holder of the

station license prevails in an administrative or judicial appeal,

the applicable law changes, or for any other reason to promote

equity and fairness. Any broadcast license revoked or terminated in Alaska in a proceeding related to broadcasting via

translator, microwave, or other alternative signal delivery is

reinstated’’.

TITLE X—SNAKE RIVER WATER RIGHTS ACT OF 2004

SECTION 1. SHORT TITLE.

This title may be cited as the ‘‘Snake River Water Rights

Act of 2004’’.

SEC. 2. PURPOSES.

The purposes of this Act are—

(1) to resolve some of the largest outstanding issues with

respect to the Snake River Basin Adjudication in Idaho in

such a manner as to provide important benefits to the United

States, the State of Idaho, the Nez Perce Tribe, the allottees,

and citizens of the State;

Snake River

Water Rights Act

of 2004.

Idaho.

Native

Americans.

47 USC 312.

47 USC 307.

47 USC 325 note.

118 STAT. 3432 PUBLIC LAW 108–447—DEC. 8, 2004

(2) to achieve a fair, equitable, and final settlement of

all claims of the Nez Perce Tribe, its members, and allottees

and the United States on behalf of the Tribe, its members,

and allottees to the water of the Snake River Basin within

Idaho;

(3) to authorize, ratify, and confirm the Agreement among

the parties submitted to the Snake River Basin Adjudication

Court and provide all parties with the benefits of the Agreement;

(4) to direct—

(A) the Secretary, acting through the Bureau of Reclamation, the Bureau of Land Management, the Bureau

of Indian Affairs, and other agencies; and

(B) the heads of other Federal agencies authorized

to execute and perform actions necessary to carry out the

Agreement;

to perform all of their obligations under the Agreement and

this Act; and

(5) to authorize the actions and appropriations necessary

for the United States to meet the obligations of the United

States under the Agreement and this Act.

SEC. 3. DEFINITIONS.

In this Act:

(1) AGREEMENT.—The term ‘‘Agreement’’ means the document titled ‘‘Mediator’s Term Sheet’’ dated April 20, 2004,

and submitted on that date to the SRBA Court in SRBA

Consolidated Subcase 03–10022 and SRBA Consolidated

Subcase 67–13701, with all appendices to the document.

(2) ALLOTTEE.—The term ‘‘allottee’’ means a person that

holds a beneficial real property interest in an Indian allotment

that is—

(A) located within the Nez Perce Reservation; and

(B) held in trust by the United States.

(3) CONSUMPTIVE USE RESERVED WATER RIGHT.—The term

‘‘consumptive use reserved water right’’ means the Federal

reserved water right of 50,000 acre-feet per year, as described

in the Agreement, to be decreed to the United States in trust

for the Tribe and the allottees, with a priority date of 1855.

(4) PARTIES.—The term ‘‘parties’’ means the United States,

the State, the Tribe, and any other entity or person that submitted, or joined in the submission of, the Agreement to the

SRBA Court on April 20, 2004.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(6) SNAKE RIVER BASIN.—The term ‘‘Snake River Basin’’

means the geographic area in the State described in paragraph

3 of the Commencement Order issued by the SRBA Court

on November 19, 1987.

(7) SPRINGS OR FOUNTAINS WATER RIGHT.—The term

‘‘springs or fountains water right’’ means the Tribe’s treaty

right of access to and use of water from springs or fountains

on Federal public land within the area ceded by the Tribe

in the Treaty of June 9, 1863 (14 Stat. 647), as recognized

under the Agreement.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3433

(8) SRBA.—The term ‘‘SRBA’’ means the Snake River Basin

Adjudication litigation before the SRBA Court styled as In

re Snake River Basin Adjudication, Case No. 39576.

(9) SRBA COURT.—The term ‘‘SRBA Court’’ means the District Court of the Fifth Judicial District of the State of Idaho,

In and For the County of Twin Falls in re Snake River Basin

Adjudication.

(10) STATE.—The term ‘‘State’’ means the State of Idaho.

(11) TRIBE.—The term ‘‘Tribe’’ means the Nez Perce Tribe.

SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT.

(a) IN GENERAL.—Except to the extent that the Agreement

conflicts with the express provisions of this Act, the Agreement

is approved, ratified, and confirmed.

(b) EXECUTION AND PERFORMANCE.—The Secretary and the

other heads of Federal agencies with obligations under the Agreement shall execute and perform all actions, consistent with this

Act, that are necessary to carry out the Agreement.

SEC. 5. BUREAU OF RECLAMATION WATER USE.

(a) IN GENERAL.—As part of the overall implementation of

the Agreement, the Secretary shall take such actions consistent

with the Agreement, this Act, and water law of the State as are

necessary to carry out the Snake River Flow Component of the

Agreement.

(b) MITIGATION FOR CHANGE OF USE OF WATER.—

(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $2,000,000 for a 1-

time payment to local governments to mitigate for the change

of use of water acquired by the Bureau of Reclamation under

section III.C.6 of the Agreement.

(2) DISTRIBUTION OF FUNDS.—Funds made available under

paragraph (1) shall be distributed by the Secretary to local

governments in accordance with a plan provided to the Secretary by the State.

(3) PAYMENTS.—Payments by the Secretary shall be made

on a pro rata basis as water rights are acquired by the Bureau

of Reclamation.

SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER.

(a) TRANSFER.—

(1) IN GENERAL.—The Secretary shall transfer land selected

by the Tribe under paragraph (2) to the Bureau of Indian

Affairs to be held in trust for the Tribe.

(2) LAND SELECTION.—The land transferred shall be

selected by the Tribe from a list of parcels of land managed

by the Bureau of Land Management that are available for

transfer, as depicted on the map entitled ‘‘North Idaho BLM

Land Eligible for Selection by the Nez Perce Tribe’’ dated

May 2004, on file with the Director of the Bureau of Land

Management, not including any parcel designated on the map

as being on the Clearwater River or Lolo Creek.

(3) MAXIMUM VALUE.—The land selected by the Tribe for

transfer shall be limited to a maximum value in total of not

more than $7,000,000, as determined by an independent

appraisal of fair market value prepared in accordance with

the Uniform Standards of Professional Appraisal Practice and

118 STAT. 3434 PUBLIC LAW 108–447—DEC. 8, 2004

the Uniform Appraisal Standards for Federal Land Acquisitions.

(b) EXISTING RIGHTS AND USES.—

(1) IN GENERAL.—On any land selected by the Tribe under

subsection (a)(2), any use in existence on the date of transfer

under subsection (a) under a lease or permit with the Bureau

of Land Management, including grazing, shall remain in effect

until the date of expiration of the lease or permit, unless

the holder of the lease or permit requests an earlier termination

of the lease or permit, in which case the Secretary shall grant

the request.

(2) AVAILABILITY OF AMOUNTS.—Amounts that accrue to

the United States under a lease or permit described in paragraph (1) from sales, bonuses, royalties, and rentals relating

to any land transferred to the Tribe under this section shall

be made available to the Tribe by the Secretary in the same

manner as amounts received from other land held by the Secretary in trust for the Tribe.

(c) DATE OF TRANSFER.—No land shall be transferred to the

Bureau of Indian Affairs to be held in trust for the Tribe under

this section until the waivers and releases under section 10(a)

take effect.

(d) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated

to the Secretary $200,000 for 1-time payments to local governments to mitigate for the transfer of land by the Bureau of

Land Management to the Tribe under section I.F of the Agreement.

(2) PAYMENTS.—Payments under paragraph (1) shall be

made on a pro rata basis as parcels of land are acquired

by the Tribe.

SEC. 7. WATER RIGHTS.

(a) HOLDING IN TRUST.—

(1) IN GENERAL.—The consumptive use reserved water right

shall—

(A) be held in trust by the United States for the benefit

of the Tribe and allottees as set forth in this section;

and

(B) be subject to section 7 of the Act of February

8, 1887 (25 U.S.C. 381).

(2) SPRINGS OR FOUNTAINS WATER RIGHT.—The springs or

fountains water right of the Tribe shall be held in trust by

the United States for the benefit of the Tribe.

(3) ALLOTTEES.—Allottees shall be entitled to a just and

equitable allocation of the consumptive use reserved water right

for irrigation purposes.

(b) WATER CODE.—

(1) ENACTMENT OF WATER CODE.—Not later than 3 years

after the date of enactment of this Act, the Tribe shall enact

a water code, subject to any applicable provision of law, that—

(A) manages, regulates, and controls the consumptive

use reserved water right so as to allocate water for irrigation, domestic, commercial, municipal, industrial, cultural,

or other uses; and

(B) includes, subject to approval of the Secretary—

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3435

(i) a due process system for the consideration and

determination of any request by an allottee, or any

successor in interest to an allottee, for an allocation

of such water for irrigation purposes on allotted land,

including a process for an appeal and adjudication

of denied or disputed distribution of water and for

resolution of contested administrative decisions; and

(ii) a process to protect the interests of allottees

when entering into any lease under subsection (e).

(2) SECRETARIAL APPROVAL.—Any provision of the water

code and any amendments to the water code that affect the

rights of the allottees shall be subject to approval by the Secretary, and no such provision or amendment shall be valid

until approved by the Secretary.

(3) INTERIM ADMINISTRATION.—The Secretary shall administer the consumptive use reserved water right until such date

as the water code described in paragraph (2) has been enacted

by the Tribe and the Secretary has approved the relevant

portions of the water code.

(c) EXHAUSTION OF REMEDIES.—Before asserting any claim

against the United States under section 7 of the Act of February

8, 1887 (25 U.S.C. 381) or other applicable law, a claimant shall

exhaust remedies available under the Tribe’s water code and Tribal

law.

(d) PETITION TO THE SECRETARY.—Following exhaustion of remedies in accordance with subsection (c), a claimant may petition

the Secretary for relief.

(e) SATISFACTION OF CLAIMS.—

(1) IN GENERAL.—The water rights and other benefits

granted or confirmed by the Agreement and this Act shall

be in full satisfaction of all claims for water rights and injuries

to water rights of the allottees.

(2) SATISFACTION OF ENTITLEMENTS.—Any entitlement to

water of any allottee under Federal law shall be satisfied out

of the consumptive use reserved water right.

(3) COMPLETE SUBSTITUTION.—The water rights, resources,

and other benefits provided by this Act are a complete substitution for any rights that may have been held by, or any

claims that may have been asserted by, allottees within the

exterior boundaries of the Reservation before the date of enactment of this Act.

(f) ABANDONMENT, FORFEITURE, OR NONUSE.—The consumptive

use reserved water right and the springs or fountains water right

shall not be subject to loss by abandonment, forfeiture, or nonuse.

(g) LEASE OF WATER.—

(1) IN GENERAL.—Subject to the water code, the Tribe,

without further approval of the Secretary, may lease water

to which the Tribe is entitled under the consumptive use

reserved water right through any State water bank in the

same manner and subject to the same rules and requirements

that govern any other lessor of water to the water bank.

(2) FUNDS.—Any funds accruing to the Tribe from any

lease under paragraph (1) shall be the property of the Tribe,

and the United States shall have no trust obligation or other

obligation to monitor, administer, or account for any consideration received by the Tribe under any such lease.

118 STAT. 3436 PUBLIC LAW 108–447—DEC. 8, 2004

SEC. 8. TRIBAL FUNDS.

(a) DEFINITION OF FUND.—In this section, the term ‘‘Fund’’

means—

(1) the Nez Perce Tribe Water and Fisheries Fund established under subsection (b)(1); and

(2) the Nez Perce Tribe Domestic Water Supply Fund established under subsection (b)(2).

(b) ESTABLISHMENT.—There are established in the Treasury

of the United States—

(1) a fund to be known as the ‘‘Nez Perce Tribe Water

and Fisheries Fund’’, to be used to pay or reimburse costs

incurred by the Tribe in acquiring land and water rights,

restoring or improving fish habitat, or for fish production, agricultural development, cultural preservation, water resource

development, or fisheries-related projects; and

(2) a fund to be known as the ‘‘Nez Perce Domestic Water

Supply Fund’’, to be used to pay the costs for design and

construction of water supply and sewer systems for tribal

communities, including a water quality testing laboratory.

(c) MANAGEMENT OF THE FUNDS.—The Secretary shall manage

the Funds, make investments from the Funds, and make amounts

available from the Funds for distribution to the Tribe consistent

with the American Indian Trust Fund Management Reform Act

of 1994 (25 U.S.C. 4001 et seq.), this Act, and the Agreement.

(d) INVESTMENT OF THE FUNDS.—The Secretary shall invest

amounts in the Funds in accordance with—

(1) the Act of April 1, 1880 (25 U.S.C. 161; 21 Stat. 70,

chapter 41);

(2) the first section of the Act of June 24, 1938 (25 U.S.C.

162a; 52 Stat. 1037, chapter 648); and

(3) subsection (c).

(e) AVAILABILITY OF AMOUNTS FROM THE FUNDS.—Amounts

made available under subsection (h) shall be available for expenditure or withdrawal only after the waivers and releases under section

10(a) take effect.

(f) EXPENDITURES AND WITHDRAWAL.—

(1) TRIBAL MANAGEMENT PLAN.—

(A) IN GENERAL.—The Tribe may withdraw all or part

of amounts in the Funds on approval by the Secretary

of a tribal management plan as described in the American

Indian Trust Fund Management Reform Act of 1994 (25

U.S.C. 4001 et seq.).

(B) REQUIREMENTS.—In addition to the requirements

under the American Indian Trust Fund Management

Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal

management plan shall require that the Tribe spend any

amounts withdrawn from the Funds in accordance with

the purposes described in subsection (b).

(C) ENFORCEMENT.—The Secretary may take judicial

or administrative action to enforce the provisions of any

tribal management plan to ensure that any amounts withdrawn from the Funds under the plan are used in accordance with this Act and the Agreement.

(D) LIABILITY.—If the Tribe exercises the right to withdraw amounts from the Funds, neither the Secretary nor

the Secretary of the Treasury shall retain any liability

for the expenditure or investment of the amounts.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3437

(2) EXPENDITURE PLAN.— (A) IN GENERAL.—The Tribe shall submit to the Secretary for approval an expenditure plan for any portion

of the amounts made available under subsection (h) that

the Tribe does not withdraw under this subsection.

(B) DESCRIPTION.—The expenditure plan shall describe

the manner in which, and the purposes for which, amounts

of the Tribe remaining in the Funds will be used.

(C) APPROVAL.—On receipt of an expenditure plan

under subparagraph (A), the Secretary shall approve the

plan if the Secretary determines that the plan is reasonable

and consistent with this Act and the Agreement.

(D) ANNUAL REPORT.—For each Fund, the Tribe shall

submit to the Secretary an annual report that describes

all expenditures from the Fund during the year covered

by the report.

(g) NO PER CAPITA PAYMENTS.—No part of the principal of

the Funds, or of the income accruing in the Funds, shall be distributed to any member of the Tribe on a per capita basis.

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated—

(1) to the Nez Perce Tribe Water and Fisheries Fund—

(A) for fiscal year 2007, $7,830,000;

(B) for fiscal year 2008, $4,730,000;

(C) for fiscal year 2009, $7,380,000;

(D) for fiscal year 2010, $10,080,000;

(E) for fiscal year 2011, $11,630,000;

(F) for fiscal year 2012, $9,450,000; and

(G) for fiscal year 2013, $9,000,000; and

(2) to the Nez Perce Tribe Domestic Water Supply Fund—

(A) for fiscal year 2007, $5,100,000;

(B) for fiscal year 2008, $8,200,000;

(C) for fiscal year 2009, $5,550,000;

(D) for fiscal year 2010, $2,850,000; and

(E) for fiscal year 2011, $1,300,000.

SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND.

(a) ESTABLISHMENT OF FUND.—

(1) IN GENERAL.—There is established in the Treasury of

the United States a fund to be known as the ‘‘Salmon and

Clearwater River Basins Habitat Fund’’ (referred to in this

section as the ‘‘Fund’’), to be administered by the Secretary.

(2) ACCOUNTS.—There is established within the Fund—

(A) an account to be known as the ‘‘Nez Perce Tribe

Salmon and Clearwater River Basins Habitat Account’’,

which shall be administered by the Secretary for use by

the Tribe subject to the same provisions for management,

investment, and expenditure as the funds established by

section 8; and

(B) an account to be known as the ‘‘Idaho Salmon

and Clearwater River Basins Habitat Account’’, which shall

be administered by the Secretary and provided to the State

as provided in the Agreement and this Act.

(b) USE OF THE FUND.—

(1) IN GENERAL.—The Fund shall be used to supplement

amounts made available under any other law for habitat protection and restoration in the Salmon and Clearwater River Basins

118 STAT. 3438 PUBLIC LAW 108–447—DEC. 8, 2004

in Idaho, including projects and programs intended to protect

and restore listed fish and their habitat in those basins, as

specified in the Agreement and this Act.

(2) RELEASE OF FUNDS.—The Secretary shall release funds

from the Idaho Salmon and Clearwater River Basins Habitat

Account in accordance with section 6(d)(2) of the Endangered

Species Act (16 U.S.C. 1535(d)(2)).

(3) NO ALLOCATION REQUIREMENT.—The use of the Fund

shall not be subject to the allocation procedures under section

6(d)(1) of the Endangered Species Act of 1973 (16 U.S.C.

1535(d)(1)).

(c) AVAILABILITY OF AMOUNTS IN THE FUND.—Amounts made

available under subsection (d) shall be available for expenditure

or withdrawal only after the waivers and releases under section

10(a) take effect.

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated—

(1) to the Nez Perce Tribe Salmon and Clearwater River

Basins Habitat Account, $2,533,334 for each of fiscal years

2007 through 2011; and

(2) to the Idaho Salmon and Clearwater River Basins

Habitat Account, $5,066,666 for each of fiscal years 2007

through 2011.

SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS.

(a) WAIVER AND RELEASE OF CLAIMS IN GENERAL.—

(1) CLAIMS TO WATER RIGHTS; CLAIMS FOR INJURIES TO

WATER RIGHTS OR TREATY RIGHTS.—Except as otherwise provided in this Act, the United States on behalf of the Tribe

and the allottees, and the Tribe, waive and release—

(A) all claims to water rights within the Snake River

Basin (as defined in section 3);

(B) all claims for injuries to such water rights; and

(C) all claims for injuries to the treaty rights of the

Tribe to the extent that such injuries result or resulted

from flow modifications or reductions in the quantity of

water available that accrued at any time up to and

including the effective date of the settlement, and any

continuation thereafter of any such claims, against the

State, any agency or political subdivision of the State,

or any person, entity, corporation, municipal corporation,

or quasi-municipal corporation.

(2) CLAIMS BASED ON REDUCED WATER QUALITY OR REDUCTIONS IN WATER QUANTITY.—The United States on behalf of

the Tribe and the allottees, and the Tribe, waive and release

any claim, under any treaty theory, based on reduced water

quality resulting directly from flow modifications or reductions

in the quantity of water available in the Snake River Basin

against any party to the Agreement.

(3) NO FUTURE ASSERTION OF CLAIMS.—No water right claim

that the Tribe or the allottees have asserted or may in the

future assert outside the Snake River Basin shall require water

to be supplied from the Snake River Basin to satisfy the claim.

(4) EFFECT OF WAIVERS AND RELEASES.—The waivers and

releases by the United States and the Tribe under this

subsection—

(A) shall be permanent and enforceable; and

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3439

(B) shall survive any subsequent termination of any

component of the settlement described in the Agreement

or this Act.

(5) EFFECTIVE DATE.—The waivers and releases under this

subsection shall take effect on the date on which the Secretary

causes to be published in the Federal Register a statement

of findings that the actions set forth in section IV.L of the

Agreement—

(A) have been completed, including issuance of a judgment and decree by the SRBA court from which no further

appeal may be taken; and

(B) have been determined by the United States on

behalf of the Tribe and the allottees, the Tribe, and the

State of Idaho to be consistent in all material aspects

with the Agreement.

(b) WAIVER AND RELEASE OF CLAIMS AGAINST THE UNITED

STATES.—

(1) IN GENERAL.—In consideration of performance by the

United States of all actions required by the Agreement and

this Act, including the appropriation of all funds authorized

under sections 8(h) and 9(d)(1), the Tribe shall execute a waiver

and release of the United States from—

(A) all claims for water rights within the Snake River

Basin, injuries to such water rights, or breach of trust

claims for failure to protect, acquire, or develop such water

rights that accrued at any time up to and including the

effective date determined under paragraph (2);

(B) all claims for injuries to the Tribe’s treaty fishing

rights, to the extent that such injuries result or resulted

from reductions in the quantity of water available in the

Snake River Basin;

(C) all claims of breach of trust for failure to protect

Nez Perce springs or fountains treaty rights reserved in

article VIII of the Treaty of June 9, 1863 (14 Stat. 651);

and

(D) all claims of breach of trust arising out of the

negotiation of or resulting from the adoption of the Agreement.

(2) EFFECTIVE DATE.—

(A) IN GENERAL.—The waiver and release contained

in this subsection shall take effect on the date on which

the amounts authorized under sections 8(h) and 9(d)(1)

are appropriated.

(B) PERIODS OF LIMITATION; EQUITABLE CLAIMS.—

(i) IN GENERAL.—All periods of limitation and timebased equitable defenses applicable to the claims set

forth in paragraph (1) are tolled for the period between

the date of enactment of this Act until the earlier

of—

(I) the date on which the amounts authorized

under sections 8(h) and 9(d)(1) are appropriated;

or

(II) October 1, 2017.

(ii) EFFECT OF SUBPARAGRAPH.—This subparagraph neither revives any claim nor tolls any period

of limitation or time-based equitable defense that may

have expired before the date of enactment of this Act.

Federal Register,

publication.

118 STAT. 3440 PUBLIC LAW 108–447—DEC. 8, 2004

(3) DEFENSE.—The making of the amounts of appropriations authorized under sections 8(h) and 9(d)(1) shall constitute

a complete defense to any claim pending in any court of the

United States on the date on which the appropriations are

made.

(c) RETENTION OF RIGHTS.—

(1) IN GENERAL.—The Tribe shall retain all rights not

specifically waived or released in the Agreement or this Act.

(2) DWORSHAK PROJECT.—Nothing in the Agreement or this

Act constitutes a waiver by the Tribe of any claim against

the United States resulting from the construction and operation

of the Dworshak Project (Project PWI 05090), other than those

specified in subparagraphs (A) and (B) of subsection (b)(1).

(3) FUTURE ACQUISITION OF WATER RIGHTS.—Nothing in

the Agreement or this Act precludes the Tribe or allottees,

or the United States as trustee for the Tribe or allottees,

from purchasing or otherwise acquiring water rights in the

future to the same extent as any other entity in the State.

SEC. 11. MISCELLANEOUS.

(a) GENERAL DISCLAIMER.—The parties expressly reserve all

rights not specifically granted, recognized, or relinquished by the

settlement described in the Agreement or this Act.

(b) DISCLAIMER REGARDING OTHER AGREEMENTS AND PRECEDENT.—

(1) IN GENERAL.—Subject to section 9(b)(3), nothing in this

Act amends, supersedes, or preempts any State law, Federal

law, Tribal law, or interstate compact that pertains to the

Snake River Basin.

(2) NO ESTABLISHMENT OF STANDARD.—Nothing in this

Act—

(A) establishes any standard for the quantification of

Federal reserved water rights or any other Indian water

claims of any other Indian tribes in any other judicial

or administrative proceeding; or

(B) limits the rights of the parties to litigate any issue

not resolved by the Agreement or this Act.

(3) NO ADMISSION AGAINST INTEREST.—Nothing in this Act

constitutes an admission against interest against any party

in any legal proceeding.

(c) TREATY RIGHTS.—Nothing in the Agreement or this Act

impairs the treaty fishing, hunting, pasturing, or gathering rights

of the Tribe except to the extent expressly provided in the Agreement or this Act.

(d) OTHER CLAIMS.—Nothing in the Agreement or this Act

quantifies or otherwise affects the water rights, claims, or entitlements to water, or any other treaty right, of any Indian tribe,

band, or community other than the Tribe.

(e) RECREATION ON DWORSHAK RESERVOIR.—

(1) IN GENERAL.—In implementing the provisions of the

Agreement and this Act relating to the use of water stored

in Dworshak Reservoir for flow augmentation purposes, the

heads of the Federal agencies involved in the operational Memorandum of Agreement referred to in the Agreement shall implement a flow augmentation plan beneficial to fish and consistent

with the Agreement.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3441

(2) CONTENTS OF PLAN.—The flow augmentation plan may

include provisions beneficial to recreational uses of the reservoir

through maintenance of the full level of the reservoir for prolonged periods during the summer months.

(f) JURISDICTION.— (1) NO EFFECT ON SUBJECT MATTER JURISDICTION.—Nothing

in the Agreement or this Act restricts, enlarges, or otherwise

determines the subject matter jurisdiction of any Federal, State,

or Tribal court.

(2) CONSENT TO JURISDICTION.—The United States consents

to jurisdiction in a proper forum for purposes of enforcing

the provisions of the Agreement.

(3) EFFECT OF SUBSECTION.—Nothing in this subsection

confers jurisdiction on any State court to—

(A) enforce Federal environmental laws regarding the

duties of the United States; or

(B) conduct judicial review of Federal agency action.

DIVISION K—SMALL BUSINESS

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Small

Business Reauthorization and Manufacturing Assistance Act of

2004’’.

(b) TABLE OF CONTENTS.—The table of contents for this division

is as follows:

TITLE I—SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING

Sec. 1. Short title; table of contents.

Subtitle A—Small manufacturers assistance

Sec. 101. Express loans.

Sec. 102. Loan guarantee fees.

Sec. 103. Increase in guarantee amount and institution of associated fee.

Sec. 104. Debenture size.

Sec. 105. Job requirements.

Sec. 106. Report regarding national database of small manufacturers.

Sec. 107. International trade.

Subtitle B—Authorizations

CHAPTER 1—PROGRAM AUTHORIZATION LEVELS AND ADDITIONAL REAUTHORIZATIONS

Sec. 121. Program authorization levels.

Sec. 122. Additional reauthorizations.

CHAPTER 2—PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS

AND SUNDRY AMENDMENTS

Sec. 123. Paul D. Coverdell drug-free workplace program authorization provisions.

Sec. 124. Grant provisions.

Sec. 125. Drug-free communities coalitions as eligible intermediaries.

Sec. 126. Promotion of effective practices of eligible intermediaries.

Sec. 127. Report to Congress.

Subtitle C—Administration Management

Sec. 131. Lender examination and review fees.

Sec. 132. Gifts and co-sponsorship of events.

Subtitle D—Entrepreneurial development programs

CHAPTER 1—OFFICE OF ENTREPRENEURIAL DEVELOPMENT

Sec. 141. Service Corps of Retired Executives.

Sec. 142. Small business development center program.

Small Business

Reauthorization

and

Manufacturing

Assistance Act of

2004.

15 USC 631 note.

118 STAT. 3442 PUBLIC LAW 108–447—DEC. 8, 2004

CHAPTER 2—OFFICE OF VETERANS BUSINESS DEVELOPMENT

Sec. 143. Advisory Committee on Veterans Business Affairs.

Sec. 144. Outreach grants for veterans.

Sec. 145. Authorization of appropriations.

Sec. 146. National Veterans Business Development Corporation.

CHAPTER 3—MANUFACTURING AND ENTREPRENEURIAL DEVELOPMENT

Sec. 147. Small Business Manufacturing Task Force.

Subtitle E—HUBZone Program

Sec. 151. Streamlining and revision of HUBZone eligibility requirements.

Sec. 152. Expansion of qualified areas.

Sec. 153. Price evaluation preference.

Sec. 154. HUBZone Authorizations.

Sec. 155. Participation in federally funded projects.

Subtitle F—Small business lending companies

Sec. 161. Supervisory and enforcement authority for small business lending companies.

Sec. 162. Definitions relating to small business lending companies.

TITLE II—MISCELLANEOUS AMENDMENTS

Sec. 201. Amendment to definition of equity capital with respect to issuers of participating securities. Sec. 202. Investment of excess funds.

Sec. 203. Surety bond amendments.

Sec. 204. Effective date for certain fees.

TITLE I—SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING

Subtitle A—Small Manufacturers

Assistance

SEC. 101. EXPRESS LOANS.

(a) IN GENERAL.—Section 7(a) of the Small Business Act (15

U.S.C. 636(a)) is amended by adding at the end the following:

‘‘(31) EXPRESS LOANS.—

‘‘(A) DEFINITIONS.—As used in this paragraph:

‘‘(i) The term ‘express lender’ means any lender

authorized by the Administration to participate in the

Express Loan Program.

‘‘(ii) The term ‘express loan’ means any loan made

pursuant to this paragraph in which a lender utilizes

to the maximum extent practicable its own loan analyses, procedures, and documentation.

‘‘(iii) The term ‘Express Loan Program’ means the

program for express loans established by the Administration under paragraph (25)(B), as in existence on

April 5, 2004, with a guaranty rate of not more than

50 percent.

‘‘(B) RESTRICTION TO EXPRESS LENDER.—The authority

to make an express loan shall be limited to those lenders

deemed qualified to make such loans by the Administration.

Designation as an express lender for purposes of making

an express loan shall not prohibit such lender from taking

any other action authorized by the Administration for that

lender pursuant to this subsection.

‘‘(C) GRANDFATHERING OF EXISTING LENDERS.—Any

express lender shall retain such designation unless the

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3443

Administration determines that the express lender has violated the law or regulations promulgated by the Administration or modifies the requirements to be an express lender

and the lender no longer satisfies those requirements.

‘‘(D) MAXIMUM LOAN AMOUNT.—The maximum loan

amount under the Express Loan Program is $350,000.

‘‘(E) OPTION TO PARTICIPATE.—Except as otherwise provided in this paragraph, the Administration shall take

no regulatory, policy, or administrative action, without

regard to whether such action requires notification pursuant to paragraph (24), that has the effect of requiring

a lender to make an express loan pursuant to subparagraph

(D).’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on the date of enactment of this Act.

SEC. 102. LOAN GUARANTEE FEES.

(a) ADDITIONAL GUARANTEE FEE LEVEL.—Section 7(a)(18)(A)

of the Small Business Act (15 U.S.C. 636(a)(18)(A)) is amended

to read as follows:

‘‘(A) IN GENERAL.—With respect to each loan guaranteed under this subsection (other than a loan that is repayable in 1 year or less), the Administration shall collect

a guarantee fee, which shall be payable by the participating

lender, and may be charged to the borrower, as follows:

‘‘(i) A guarantee fee not to exceed 2 percent of

the deferred participation share of a total loan amount

that is not more than $150,000.

‘‘(ii) A guarantee fee not to exceed 3 percent of

the deferred participation share of a total loan amount

that is more than $150,000, but not more than

$700,000.

‘‘(iii) A guarantee fee not to exceed 3.5 percent

of the deferred participation share of a total loan

amount that is more than $700,000.

‘‘(iv) In addition to the fee under clause (iii), a

guarantee fee equal to 0.25 percent of any portion

of the deferred participation share that is more than

$1,000,000.’’.

(b) CLERICAL AMENDMENT.—Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended by striking subparagraph

(C).

(c) YEARLY FEE.—Section 7(a)(23) of the Small Business Act

(15 U.S.C. 636(a)(23)) is amended—

(1) in the heading, by striking ‘‘ANNUAL’’ and inserting

‘‘YEARLY’’;

(2) by striking subparagraph (A) and inserting the following:

‘‘(A) IN GENERAL.—With respect to each loan approved

under this subsection, the Administration shall assess, collect, and retain a fee, not to exceed 0.55 percent per year

of the outstanding balance of the deferred participation

share of the loan, in an amount established once annually

by the Administration in the Administration’s annual

budget request to Congress, as necessary to reduce to zero

the cost to the Administration of making guarantees under

this subsection. As used in this paragraph, the term ‘cost’

15 USC 636 note.

118 STAT. 3444 PUBLIC LAW 108–447—DEC. 8, 2004

has the meaning given that term in section 502 of the

Federal Credit Reform Act of 1990 (2 U.S.C. 661a).’’;

(3) in subparagraph (B), by striking ‘‘annual’’ and inserting

‘‘yearly’’; and

(4) by adding at the end the following:

‘‘(C) LOWERING OF BORROWER FEES.—If the Administration determines that fees paid by lenders and by small

business borrowers for guarantees under this subsection

may be reduced, consistent with reducing to zero the cost

to the Administration of making such guarantees—

‘‘(i) the Administration shall first consider reducing

fees paid by small business borrowers under clauses

(i) through (iii) of paragraph (18)(A), to the maximum

extent possible; and

‘‘(ii) fees paid by small business borrowers shall

not be increased above the levels in effect on the date

of enactment of this subparagraph.’’.

SEC. 103. INCREASE IN GUARANTEE AMOUNT AND INSTITUTION OF

ASSOCIATED FEE.

(a) INCREASE IN AMOUNT PERMITTED TO BE OUTSTANDING AND

COMMITTED.—Section 7(a)(3)(A) of the Small Business Act (15

U.S.C. 636(a)(3)(A)) is amended by striking ‘‘$1,000,000’’ and

inserting ‘‘$1,500,000’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on the date of enactment of this Act.

SEC. 104. DEBENTURE SIZE.

Section 502(2) of the Small Business Investment Act of 1958

(15 U.S.C. 696(2)) is amended to read as follows:

‘‘(2) MAXIMUM AMOUNT.—

‘‘(A) IN GENERAL.—Loans made by the Administration

under this section shall be limited to—

‘‘(i) $1,500,000 for each small business concern

if the loan proceeds will not be directed toward a

goal or project described in subparagraph (B) or (C);

‘‘(ii) $2,000,000 for each small business concern

if the loan proceeds will be directed toward 1 or more

of the public policy goals described under section

501(d)(3); and

‘‘(iii) $4,000,000 for each project of a small manufacturer.

‘‘(B) DEFINITION.—As used in this paragraph, the term

‘small manufacturer’ means a small business concern—

‘‘(i) the primary business of which is classified

in sector 31, 32, or 33 of the North American Industrial

Classification System; and

‘‘(ii) all of the production facilities of which are

located in the United States.’’.

SEC. 105. JOB REQUIREMENTS.

Section 501 of the Small Business Investment Act of 1958

(15 U.S.C. 695) is amended by adding at the end the following:

‘‘(e)(1) A project meets the objective set forth in subsection

(d)(1) if the project creates or retains one job for every $50,000

guaranteed by the Administration, except that the amount is

$100,000 in the case of a project of a small manufacturer.

15 USC 636 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3445

‘‘(2) Paragraph (1) does not apply to a project for which eligibility is based on the objectives set forth in paragraph (2) or (3)

of subsection (d), if the development company’s portfolio of outstanding debentures creates or retains one job for every $50,000

guaranteed by the Administration.

‘‘(3) For projects in Alaska, Hawaii, State-designated enterprise

zones, empowerment zones and enterprise communities, labor surplus areas, as determined by the Secretary of Labor, and for other

areas designated by the Administrator, the development company’s

portfolio may average not more than $75,000 per job created or

retained.

‘‘(4) Loans for projects of small manufacturers shall be excluded

from calculations under paragraph (2) or (3).

‘‘(5) Under regulations prescribed by the Administrator, the

Administrator may waive, on a case-by-case basis or by regulation,

any requirement of this subsection (other than paragraph (4)).

With respect to any waiver the Administrator is prohibited from

adopting a dollar amount that is lower than the amounts set forth

in paragraphs (1), (2), and (3).

‘‘(6) As used in this subsection, the term ‘small manufacturer’

means a small business concern—

‘‘(A) the primary business of which is classified in sector

31, 32, or 33 of the North American Industrial Classification

System; and

‘‘(B) all of the production facilities of which are located

in the United States.’’.

SEC. 106. REPORT REGARDING NATIONAL DATABASE OF SMALL MANUFACTURERS.

(a) STUDY AND REPORT.—The Administrator, in consultation

with the Association of Small Business Development Centers

authorized by section 21(k) of the Small Business Act (15 U.S.C.

648(k)), shall—

(1) study the feasibility of creating a national database

of small manufacturers that institutions of higher education

could access for purposes of meeting procurement needs; and

(2) not later than 1 year after the date of enactment of

this Act, submit a report to the Congress regarding the findings

and conclusions of such study.

(b) COST ESTIMATE.—The report referred to in subsection (a)(2)

shall include an estimate of the cost of creating and maintaining

the database described in subsection (a)(1).

(c) DEFINITION.—As used in this section, the term ‘‘small manufacturer’’ means a small business concern—

(1) the primary business of which is classified in sector

31, 32, or 33 of the North American Industrial Classification

System; and

(2) all of the production facilities of which are located

in the United States.

SEC. 107. INTERNATIONAL TRADE.

(a) IN GENERAL.—Section 7(a)(16) of the Small Business Act

(15 U.S.C. 636(a)(16)) is amended to read as follows:

‘‘(16) INTERNATIONAL TRADE.—

‘‘(A) IN GENERAL.—If the Administrator determines

that a loan guaranteed under this subsection will allow

an eligible small business concern that is engaged in or

adversely affected by international trade to improve its

118 STAT. 3446 PUBLIC LAW 108–447—DEC. 8, 2004

competitive position, the Administrator may make such

loan to assist such concern in—

‘‘(i) the financing of the acquisition, construction,

renovation, modernization, improvement, or expansion

of productive facilities or equipment to be used in

the United States in the production of goods and services involved in international trade; or

‘‘(ii) the refinancing of existing indebtedness that

is not structured with reasonable terms and conditions.

‘‘(B) SECURITY.—Each loan made under this paragraph

shall be secured by a first lien position or first mortgage

on the property or equipment financed by the loan or

on other assets of the small business concern.

‘‘(C) ENGAGED IN INTERNATIONAL TRADE.—For purposes

of this paragraph, a small business concern is engaged

in international trade if, as determined by the Administrator, the small business concern is in a position to expand

existing export markets or develop new export markets.

‘‘(D) ADVERSELY AFFECTED BY INTERNATIONAL TRADE.—

For purposes of this paragraph, a small business concern

is adversely affected by international trade if, as determined by the Administrator, the small business concern—

‘‘(i) is confronting increased competition with foreign firms in the relevant market; and

‘‘(ii) is injured by such competition.

‘‘(E) FINDINGS BY CERTAIN FEDERAL AGENCIES.—For

purposes of subparagraph (D)(ii) the Administrator shall

accept any finding of injury by the International Trade

Commission or any finding of injury by the Secretary of

Commerce pursuant to chapter 3 of title II of the Trade

Act of 1974.’’.

(b) LIMITATION INCREASE.—Section 7(a)(3)(B) of the Small Business Act (15 U.S.C. 636(a)(3)(B)) is amended—

(1) by striking ‘‘$1,250,000’’ and inserting ‘‘$1,750,000’’; and

(2) by striking ‘‘$750,000’’ and inserting ‘‘$1,250,000’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of enactment of this Act.

Subtitle B—Authorizations

CHAPTER 1—PROGRAM AUTHORIZATION LEVELS AND

ADDITIONAL REAUTHORIZATIONS

SEC. 121. PROGRAM AUTHORIZATION LEVELS.

Section 20 of the Small Business Act (15 U.S.C. 631 note)

is amended—

(1) in subsection (a)(1), by striking ‘‘certification’’ each place

it appears in subparagraphs (D) and (E) and inserting ‘‘accreditation’’; and

(2) by striking subsections (c) through (i) and inserting

the following:

‘‘(c) DISASTER MITIGATION PILOT PROGRAM.—The following program levels are authorized for loans under section 7(b)(1)(C):

‘‘(1) $15,000,000 for fiscal year 2005.

‘‘(2) $15,000,000 for fiscal year 2006.

‘‘(d) FISCAL YEAR 2005.—

15 USC 636 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3447

‘‘(1) PROGRAM LEVELS.—The following program levels are

authorized for fiscal year 2005:

‘‘(A) For the programs authorized by this Act, the

Administration is authorized to make—

‘‘(i) $75,000,000 in technical assistance grants, as

provided in section 7(m); and

‘‘(ii) $105,000,000 in direct loans, as provided in

7(m).

‘‘(B) For the programs authorized by this Act, the

Administration is authorized to make $23,050,000,000 in

deferred participation loans and other financings. Of such

sum, the Administration is authorized to make—

‘‘(i) $16,500,000,000 in general business loans, as

provided in section 7(a);

‘‘(ii) $6,000,000,000 in certified development company financings, as provided in section 7(a)(13) and

as provided in section 504 of the Small Business Investment Act of 1958;

‘‘(iii) $500,000,000 in loans, as provided in section

7(a)(21); and

‘‘(iv) $50,000,000 in loans, as provided in section

7(m).

‘‘(C) For the programs authorized by title III of the

Small Business Investment Act of 1958, the Administration

is authorized to make—

‘‘(i) $4,250,000,000 in purchases of participating

securities; and

‘‘(ii) $3,250,000,000 in guarantees of debentures.

‘‘(D) For the programs authorized by part B of title

IV of the Small Business Investment Act of 1958, the

Administration is authorized to enter into guarantees not

to exceed $6,000,000,000, of which not more than 50 percent

may be in bonds approved pursuant to section 411(a)(3)

of that Act.

‘‘(E) The Administration is authorized to make grants

or enter into cooperative agreements for a total amount

of $7,000,000 for the Service Corps of Retired Executives

program authorized by section 8(b)(1).

‘‘(2) ADDITIONAL AUTHORIZATIONS.—

‘‘(A) There are authorized to be appropriated to the

Administration for fiscal year 2005 such sums as may

be necessary to carry out the provisions of this Act not

elsewhere provided for, including administrative expenses

and necessary loan capital for disaster loans pursuant to

section 7(b), and to carry out the Small Business Investment Act of 1958, including salaries and expenses of the

Administration.

‘‘(B) Notwithstanding any other provision of this paragraph, for fiscal year 2005—

‘‘(i) no funds are authorized to be used as loan

capital for the loan program authorized by section

7(a)(21) except by transfer from another Federal

department or agency to the Administration, unless

the program level authorized for general business loans

under paragraph (1)(B)(i) is fully funded; and

‘‘(ii) the Administration may not approve loans

on its own behalf or on behalf of any other Federal

118 STAT. 3448 PUBLIC LAW 108–447—DEC. 8, 2004

department or agency, by contract or otherwise, under

terms and conditions other than those specifically

authorized under this Act or the Small Business Investment Act of 1958, except that it may approve loans

under section 7(a)(21) of this Act in gross amounts

of not more than $2,000,000.

‘‘(e) FISCAL YEAR 2006.—

‘‘(1) PROGRAM LEVELS.—The following program levels are

authorized for fiscal year 2006:

‘‘(A) For the programs authorized by this Act, the

Administration is authorized to make—

‘‘(i) $80,000,000 in technical assistance grants, as

provided in section 7(m); and

‘‘(ii) $110,000,000 in direct loans, as provided in

7(m).

‘‘(B) For the programs authorized by this Act, the

Administration is authorized to make $25,050,000,000 in

deferred participation loans and other financings. Of such

sum, the Administration is authorized to make—

‘‘(i) $17,000,000,000 in general business loans, as

provided in section 7(a);

‘‘(ii) $7,500,000,000 in certified development company financings, as provided in section 7(a)(13) and

as provided in section 504 of the Small Business Investment Act of 1958;

‘‘(iii) $500,000,000 in loans, as provided in section

7(a)(21); and

‘‘(iv) $50,000,000 in loans, as provided in section

7(m).

‘‘(C) For the programs authorized by title III of the

Small Business Investment Act of 1958, the Administration

is authorized to make—

‘‘(i) $4,500,000,000 in purchases of participating

securities; and

‘‘(ii) $3,500,000,000 in guarantees of debentures.

‘‘(D) For the programs authorized by part B of title

IV of the Small Business Investment Act of 1958, the

Administration is authorized to enter into guarantees not

to exceed $6,000,000,000, of which not more than 50 percent

may be in bonds approved pursuant to section 411(a)(3)

of that Act.

‘‘(E) The Administration is authorized to make grants

or enter into cooperative agreements for a total amount

of $7,000,000 for the Service Corps of Retired Executives

program authorized by section 8(b)(1).

‘‘(2) ADDITIONAL AUTHORIZATIONS.—

‘‘(A) There are authorized to be appropriated to the

Administration for fiscal year 2006 such sums as may

be necessary to carry out the provisions of this Act not

elsewhere provided for, including administrative expenses

and necessary loan capital for disaster loans pursuant to

section 7(b), and to carry out the Small Business Investment Act of 1958, including salaries and expenses of the

Administration.

‘‘(B) Notwithstanding any other provision of this paragraph, for fiscal year 2006—

Grants.

Contracts.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3449

‘‘(i) no funds are authorized to be used as loan

capital for the loan program authorized by section

7(a)(21) except by transfer from another Federal

department or agency to the Administration, unless

the program level authorized for general business loans

under paragraph (1)(B)(i) is fully funded; and

‘‘(ii) the Administration may not approve loans

on its own behalf or on behalf of any other Federal

department or agency, by contract or otherwise, under

terms and conditions other than those specifically

authorized under this Act or the Small Business Investment Act of 1958, except that it may approve loans

under section 7(a)(21) of this Act in gross amounts

of not more than $2,000,000.’’.

SEC. 122. ADDITIONAL REAUTHORIZATIONS.

(a) DRUG-FREE WORKPLACE PROGRAM ASSISTANCE.—Section

21(c)(3)(T) of the Small Business Act (15 U.S.C. 648(c)(3)(T)) is

amended by striking ‘‘October 1, 2003’’ and inserting ‘‘October 1,

2006’’.

(b) SMALL BUSINESS DEVELOPMENT CENTERS.—Section

21(a)(4)(C) of the Small Business Act (15 U.S.C. 648(a)(4)(C)) is

amended—

(1) by striking clause (vii) and inserting the following:

‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.—There are

authorized to be appropriated to carry out this

subparagraph—

‘‘(I) $130,000,000 for fiscal year 2005; and

‘‘(II) $135,000,000 for fiscal year 2006.’’;

(2) by redesignating clause (viii) as clause (ix); and

(3) by inserting after clause (vii) the following:

‘‘(viii) LIMITATION.—From the funds appropriated

pursuant to clause (vii), the Administration shall reserve

not less than $1,000,000 in each fiscal year to develop

portable assistance for startup and sustainability nonmatching grant programs to be conducted by eligible small

business development centers in communities that are

economically challenged as a result of a business or government facility down sizing or closing, which has resulted

in the loss of jobs or small business instability. A nonmatching grant under this clause shall not exceed $100,000,

and shall be used for small business development center

personnel expenses and related small business programs

and services.’’.

CHAPTER 2—PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS AND SUNDRY

AMENDMENTS

SEC. 123. PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM

AUTHORIZATION PROVISIONS.

(a) IN GENERAL.—Section 27(g)(1) of the Small Business Act

(15 U.S.C. 654(g)(1)) is amended by striking ‘‘, $5,000,000’’ in the

first sentence and all that follows through ‘‘subsection’’ in the second

sentence and inserting the following: ‘‘(other than subsection (b)(2)),

$5,000,000 for each of fiscal years 2005 and 2006. Amounts made

available under this paragraph’’.

118 STAT. 3450 PUBLIC LAW 108–447—DEC. 8, 2004

(b) LIMITATION ON AUTHORIZATION FOR SMALL BUSINESS

DEVELOPMENT CENTERS.—Section 27(g)(2) of the Small Business

Act (15 U.S.C. 654(g)) is amended by striking ‘‘this subsection,

not more than the greater of 10 percent or $1,000,000’’ and inserting

‘‘paragraph (1) for each of fiscal years 2005 and 2006, not more

than the greater of 10 percent or $500,000’’.

(c) ADDITIONAL AUTHORIZATION FOR TECHNICAL ASSISTANCE

GRANTS.—Section 27(g) of the Small Business Act (15 U.S.C. 654(g))

is amended by adding at the end the following:

‘‘(3) ADDITIONAL AUTHORIZATION FOR TECHNICAL ASSISTANCE

GRANTS.—There are authorized to be appropriated to carry out subsection (b)(2), $1,500,000 for each of fiscal years 2005

and 2006. Amounts made available under this paragraph shall

remain available until expended.’’.

(d) LIMITATION ON ADMINISTRATIVE COSTS.—Section 27(g) of

the Small Business Act (15 U.S.C. 654(g)), as amended by subsection

(c), is further amended by adding at the end the following:

‘‘(4) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than

5 percent of the total amount made available under this subsection for any fiscal year shall be used for administrative

costs (determined without regard to the administrative costs

of eligible intermediaries).’’.

SEC. 124. GRANT PROVISIONS.

(a) ADDITIONAL GRANTS FOR TECHNICAL ASSISTANCE.—Section

27(b) of the Small Business Act (15 U.S.C. 654) is amended—

(1) by striking ‘‘There is established’’ and inserting the

following:

‘‘(1) IN GENERAL.—There is established’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) ADDITIONAL GRANTS FOR TECHNICAL ASSISTANCE.—In

addition to grants under paragraph (1), the Administrator may

make grants to, or enter into cooperative agreements or contracts with, any grantee for the purpose of providing, in cooperation with one or more small business development centers,

technical assistance to small business concerns seeking to establish a drug-free workplace program.’’.

(b) 2-YEAR GRANTS.—Section 27(b) of the Small Business Act

(15 U.S.C. 654(b)), as amended by subsection (a), is further amended

by adding at the end the following:

‘‘(3) 2-YEAR GRANTS.—Each grant made under this subsection shall be for a period of 2 years, subject to an annual

performance review by the Administrator.’’.

SEC. 125. DRUG-FREE COMMUNITIES COALITIONS AS ELIGIBLE INTERMEDIARIES.

Section 27(a)(2)(D) of the Small Business Act (15 U.S.C.

654(a)(2)) is amended to read as follows:

‘‘(D)(i) the purpose of which is—

‘‘(I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace

services; or

‘‘(II) to provide other forms of assistance and

services to small business concerns; or

‘‘(ii) that is eligible to receive a grant under chapter

2 of the National Narcotics Leadership Act of 1988

(21 U.S.C. 1521 et seq.).’’.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3451

SEC. 126. PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTERMEDIARIES.

Section 27(c) of the Small Business Act (15 U.S.C. 654(c))

is amended to read as follows:

‘‘(c) PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTERMEDIARIES.—

‘‘(1) TECHNICAL ASSISTANCE AND INFORMATION.—The

Administrator, after consultation with the Director of the

Center for Substance Abuse and Prevention, shall provide technical assistance and information to each eligible intermediary

under subsection (b) regarding the most effective practices in

establishing and carrying out drug-free workplace programs.

‘‘(2) EVALUATION OF PROGRAM.—

‘‘(A) DATA COLLECTION AND ANALYSIS.—Each eligible

intermediary receiving a grant under this section shall

establish a system to collect and analyze information

regarding the effectiveness of drug-free workplace programs

established with assistance provided under this section

through the intermediary, including information regarding

any increase or decrease among employees in drug use,

awareness of the adverse consequences of drug use, and

absenteeism, injury, and disciplinary problems related to

drug use. Such system shall conform to such requirements

as the Administrator, after consultation with the Director

of the Center for Substance Abuse and Prevention, may

prescribe. Not more than 5 percent of the amount of each

grant made under subsection (b) shall be used by the

eligible intermediary to carry out this paragraph.

‘‘(B) METHOD OF EVALUATION.—The Administrator,

after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and guidance to each eligible intermediary receiving

a grant under subsection (b) regarding the collection and

analysis of information to evaluate the effectiveness of

drug-free workplace programs established with assistance

provided under this section, including the information

referred to in paragraph (1). Such assistance shall include

the identification of additional information suitable for

measuring the benefits of drug-free workplace programs

to the small business concern and to the concern’s

employees and the identification of methods suitable for

analyzing such information.’’.

SEC. 127. REPORT TO CONGRESS.

Not later than March 31, 2006, the Administrator, in consultation with the Secretary of Labor, the Secretary of Health and

Human Services, and the Director of National Drug Control Policy,

shall submit to Congress a report that—

(1) analyzes the information collected under section 27(c)

of the Small Business Act;

(2) identifies trends in such information; and

(3) evaluates the effectiveness of the drug-free workplace

programs established with assistance under section 27 of the

Small Business Act (15 U.S.C. 654).

118 STAT. 3452 PUBLIC LAW 108–447—DEC. 8, 2004

Subtitle C—Administration Management

SEC. 131. LENDER EXAMINATION AND REVIEW FEES.

Section 5(b) of the Small Business Act (15 U.S.C. 634(b)) is

amended—

(1) in paragraph (12), by striking ‘‘and’’ at the end;

(2) in paragraph (13), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(14) require any lender authorized to make loans under

section 7 of this Act to pay examination and review fees, which

shall be deposited in the account for salaries and expenses

of the Administration, and shall be available for the costs

of examinations, reviews, and other lender oversight activities.’’.

SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS.

(a) IN GENERAL.—Section 4 of the Small Business Act (15

U.S.C. 633) is amended by adding at the end the following:

‘‘(g) GIFTS.—

‘‘(1) IN GENERAL.—The Administrator may, for purposes

of this Act, the Small Business Investment Act of 1954, and

title IV of the Women’s Business Ownership Act of 1988, solicit,

accept, hold, administer, utilize, and dispose of gifts, devises,

and bequests of cash, property (including tangible, intangible,

real, and personal), subsistence, and services. Notwithstanding

any other provision of law, the Administrator may utilize gifts,

devises, or bequests for marketing and outreach activities,

including the cost of promotional materials and wearing

apparel.

‘‘(2) AUDITS.—Any gift, devise, or bequest of cash accepted

by the Administrator shall be held in a separate account and

shall be subject to semi-annual audits by the Inspector General

of the Administration who shall report his findings to the

Congress.

‘‘(3) CONFLICTS OF INTEREST.—No gift, devise, or bequest

shall be solicited or accepted under the authority of this subsection if such solicitation or acceptance would, in the determination of the General Counsel, create a conflict of interest.

‘‘(4) ACCEPTANCE OF SERVICES AND FACILITIES FOR DISASTER

LOAN PROGRAM.—The Administrator may accept the services

and facilities of Federal, State, and local agencies and groups,

both public and private, and utilize such gratuitous services

and facilities as may, from time to time, be necessary, to

further the objectives of section 7(b).

‘‘(h) CO-SPONSORSHIP OF EVENTS.—

‘‘(1) AUTHORIZATION.—The Administrator, after consultation with the General Counsel, may provide assistance for

the benefit of small business through Administration-sponsored

activities, through cosponsored activities with any eligible

entity, or through such other activities that the Administrator

determines to be appropriate, including recognition events.

‘‘(2) ELIGIBLE ENTITY.—For purposes of this subsection, the

term ‘eligible entity’ means any for-profit or not-for-profit entity,

any Federal, State, or local government official, or any Federal,

State, or local government entity.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3453

‘‘(3) PROHIBITION ON ENDORSEMENTS.—The Administrator

shall ensure that the Administration and any eligible entities

that cosponsor activities receive appropriate recognition for

such cosponsorship, and that such recognition does not constitute or imply an endorsement by the Administration of any

product or service of such entity.

‘‘(4) AUTHORITY TO CHARGE FEES.—Notwithstanding any

other provision of law, the Administrator may charge a participant in any activity sponsored or cosponsored by the Administration a minimal fee, and retain and use such fee to cover

the costs of such activity.

‘‘(5) LIMITED DELEGATION.—The Administrator may not

delegate the authority described in this subsection except to

the Deputy Administrator, an Associate Administrator, or an

Assistant Administrator.

‘‘(6) REPORT TO CONGRESS.—The Inspector General of the

Administration shall report semi-annually to Congress on the

Administrator’s use of authority under this subsection.

‘‘(7) RULEMAKING.—Not later than 180 days after the date

of enactment of this subsection, the Administrator shall promulgate regulations to carry out the provisions of this subsection.’’.

(b) CONFORMING AMENDMENTS.—Section 8(b)(1)(A) of the Small

Business Act (15 U.S.C. 637(b)(1)(A)) is amended—

(1) by striking clause (ii);

(2) by striking ‘‘(1)(A) to provide—’’ and all that follows

through ‘‘business concerns—’’ and inserting the following:

‘‘(1)(A) to provide technical, managerial, and informational

aids to small business concerns—’’;

(3) by redesignating subclauses (I) through (IV) as clauses

(i) through (iv), respectively;

(4) by redesignating items (aa) and (bb) of clause (ii), as

so redesignated by paragraph (3), as subclauses (I) and (II),

respectively; and

(5) by striking ‘‘; and’’ at the end of clause (iv), as so

redesignated by paragraph (3), and inserting a period.

(c) SUNSET PROVISION.—The amendments made by this section

are repealed on October 1, 2006.

Subtitle D—Entrepreneurial Development

Programs

CHAPTER 1—OFFICE OF ENTREPRENEURIAL

DEVELOPMENT

SEC. 141. SERVICE CORPS OF RETIRED EXECUTIVES.

(a) IN GENERAL.—Section 8(b)(1)(B) of the Small Business Act

(15 U.S.C. 637(b)(1)(B)) is amended—

(1) by striking ‘‘this Act; and to’’, and inserting ‘‘this Act.

To’’;

(2) by striking ‘‘may maintain at its headquarters’’ and

all that follows through ‘‘That any’’ and inserting ‘‘shall maintain at its headquarters and pay the salaries, benefits, and

expenses of a volunteer and professional staff to manage and

oversee the program. Any’’; and

(3) by striking the period at the end and inserting ‘‘and

the management of the contributions received.’’.

15 USC 633 and

note, 637.

Deadline.

118 STAT. 3454 PUBLIC LAW 108–447—DEC. 8, 2004

(b) REGULATIONS.—The Administration shall, not later than

180 days after the date of enactment of this Act, promulgate regulations to carry out the amendments made by subsection (a).

SEC. 142. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.

(a) PRIVACY REQUIREMENTS.—Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end

the following:

‘‘(7) PRIVACY REQUIREMENTS.—

‘‘(A) IN GENERAL.—A small business development

center, consortium of small business development centers,

or contractor or agent of a small business development

center may not disclose the name, address, or telephone

number of any individual or small business concern

receiving assistance under this section without the consent

of such individual or small business concern, unless—

‘‘(i) the Administrator is ordered to make such

a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency;

or

‘‘(ii) the Administrator considers such a disclosure

to be necessary for the purpose of conducting a financial audit of a small business development center, but

a disclosure under this clause shall be limited to the

information necessary for such audit.

‘‘(B) ADMINISTRATOR USE OF INFORMATION.—This section shall not—

‘‘(i) restrict Administrator access to program

activity data; or

‘‘(ii) prevent the Administrator from using client

information to conduct client surveys.

‘‘(C) REGULATIONS.—

‘‘(i) IN GENERAL.—The Administrator shall issue

regulations to establish standards—

‘‘(I) for disclosures with respect to financial

audits under subparagraph (A)(ii); and

‘‘(II) for client surveys under subparagraph

(B)(ii), including standards for oversight of such

surveys and for dissemination and use of client

information.

‘‘(ii) MAXIMUM PRIVACY PROTECTION.—Regulations

under this subparagraph, shall, to the extent practicable, provide for the maximum amount of privacy

protection.

‘‘(iii) INSPECTOR GENERAL.—Until the effective date

of regulations under this subparagraph, any client

survey and the use of such information shall be

approved by the Inspector General who shall include

such approval in his semi-annual report.’’.

(b) TERM CHANGE.—Section 21(k) of the Small Business Act

(15 U.S.C. 648(k)) is amended—

(1) by striking ‘‘CERTIFICATION’’ each place it appears and

inserting ‘‘ACCREDITATION’’; and

(2) by striking ‘‘certification’’ each place it appears and

inserting ‘‘accreditation’’.

Deadline.

15 USC 637 note.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3455

CHAPTER 2—OFFICE OF VETERANS BUSINESS

DEVELOPMENT

SEC. 143. ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS.

(a) RETENTION OF DUTIES.—Section 33(h) of the Small Business

Act (15 U.S.C. 657c(h)) is amended by striking ‘‘October 1, 2004’’

and inserting ‘‘October 1, 2006’’.

(b) EXTENSION OF AUTHORITY.—Section 203(h) of the Veterans

Entrepreneurship and Small Business Development Act of 1999

(15 U.S.C. 657b note) is amended by striking ‘‘September 30, 2004’’

and inserting ‘‘September 30, 2006’’.

SEC. 144. OUTREACH GRANTS FOR VETERANS.

Section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17))

is amended by inserting before the period at the end the following:

‘‘, veterans, and members of a reserve component of the Armed

Forces’’.

SEC. 145. AUTHORIZATION OF APPROPRIATIONS.

Section 32 of the Small Business Act (15 U.S.C. 657b) is

amended by adding at the end the following:

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section—

‘‘(1) $1,500,000 for fiscal year 2005; and

‘‘(2) $2,000,000 for fiscal year 2006.’’.

SEC. 146. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.

Section 33(a) of the Small Business Act (15 U.S.C. 657c(a))

is amended by adding at the end the following: ‘‘Notwithstanding

any other provision of law, the Corporation is a private entity

and is not an agency, instrumentality, authority, entity, or

establishment of the United States Government.’’.

CHAPTER 3—MANUFACTURING AND

ENTREPRENEURIAL DEVELOPMENT

SEC. 147. SMALL BUSINESS MANUFACTURING TASK FORCE.

(a) ESTABLISHMENT.—The Administrator of the Small Business

Administration (referred to in this subtitle as the ‘‘Administrator’’)

shall establish a Small Business Manufacturing Task Force

(referred to in this section as the ‘‘Task Force’’) to address the

concerns of small manufacturers.

(b) CHAIR.—The Administrator shall assign a member of the

Task Force to serve as chair of the Task Force.

(c) DUTIES.—The Task Force shall—

(1) evaluate and identify whether programs and services

are sufficient to serve the needs of small manufacturers;

(2) actively promote the programs and services of the Small

Business Administration that serve small manufacturers; and

(3) identify and study the unique conditions facing small

manufacturers and develop and propose policy initiatives to

support and assist small manufacturers.

(d) MEETINGS.—

(1) FREQUENCY.—The Task Force shall meet not less than

4 times per year, and more frequently if necessary to perform

its duties.

15 USC 631c.

118 STAT. 3456 PUBLIC LAW 108–447—DEC. 8, 2004

(2) QUORUM.—A majority of the members of the Task Force

shall constitute a quorum to approve recommendations or

reports.

(e) PERSONNEL MATTERS.— (1) COMPENSATION OF MEMBERS.—Each member of the Task

Force shall serve without compensation in addition to that

received for services rendered as an officer or employee of

the United States.

(2) DETAIL OF SBA EMPLOYEES.—Any employee of the Small

Business Administration may be detailed to the Task Force

without reimbursement, and such detail shall be without

interruption or loss of civil service status or privilege.

(f) REPORT.—Not later than 1 year after the date of enactment

of this Act, and annually thereafter, the Task Force shall submit

a report containing the findings and recommendations of the task

force to—

(1) the President;

(2) the Committee on Small Business and Entrepreneurship

of the Senate; and

(3) the Committee on Small Business of the House of Representatives.

Subtitle E—HUBZone Program

SEC. 151. STREAMLINING AND REVISION OF HUBZONE ELIGIBILITY

REQUIREMENTS.

(a) IN GENERAL.—Section 3(p) of the Small Business Act (15

U.S.C. 632(p)) is amended—

(1) in paragraph (3)—

(A) by amending subparagraph (A) to read as follows:

‘‘(A) a small business concern that is at least 51 percent

owned and controlled by United States citizens;’’

(B) in subparagraph (C), by striking ‘‘or’’ at the end;

(C) in subparagraph (D)(ii), by striking the period at

the end and inserting ‘‘; or’’; and

(D) by adding at the end the following:

‘‘(E) a small business concern that is—

‘‘(i) a small agricultural cooperative organized or

incorporated in the United States;

‘‘(ii) wholly owned by 1 or more small agricultural

cooperatives organized or incorporated in the United

States; or

‘‘(iii) owned in part by 1 or more small agricultural

cooperatives organized or incorporated in the United

States, if all owners are small business concerns or

United States citizens.’’; and

(2) in paragraph (5)(A)(i)(I)(aa), by striking ‘‘or (D)’’ and

inserting ‘‘(C), (D), or (E)’’.

(b) CONFORMING AMENDMENT.—Section 3(j) of the Small Business Act (15 U.S.C. 632(j)) is amended by striking ‘‘of section

7(b)(2)’’.

SEC. 152. EXPANSION OF QUALIFIED AREAS.

(a) TREATMENT OF CERTAIN AREAS AS HUBZONES.— (1) BASE CLOSURE AREAS.—Section 3(p)(1) of the Small

Business Act (15 U.S.C. 632(p)(1)) is amended—

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3457

(A) in subparagraph (C), by striking ‘‘or’’ at the end;

(B) in subparagraph (D), by striking the period at

the end and inserting ‘‘; or’’; and

(C) by adding at the end the following:

‘‘(E) base closure areas.’’.

(2) HUBZONE STATUS TIME LINE AND COMMENCEMENT.—

A base closure area that has undergone final closure shall

be treated as a HUBZone for purposes of the Small Business

Act for a period of 5 years.

(3) DEFINITION.—Section 3(p)(4) of the Small Business Act

(15 U.S.C. 632(p)(4)) is amended by adding at the end the

following:

‘‘(D) BASE CLOSURE AREA.—The term ‘base closure area’

means lands within the external boundaries of a military

installation that were closed through a privatization

process under the authority of—

‘‘(i) the Defense Base Closure and Realignment

Act of 1990 (part A of title XXIX of division B of

Public Law 101–510; 10 U.S.C. 2687 note);

‘‘(ii) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public

Law 100–526; 10 U.S.C. 2687 note);

‘‘(iii) section 2687 of title 10, United States Code;

or

‘‘(iv) any other provision of law authorizing or

directing the Secretary of Defense or the Secretary

of a military department to dispose of real property

at the military installation for purposes relating to

base closures of redevelopment, while retaining the

authority to enter into a leaseback of all or a portion

of the property for military use.’’.

(b) QUALIFIED NONMETROPOLITAN COUNTY.—Section

3(p)(4)(B)(ii)(II) of the Small Business Act (15 U.S.C.

632(p)(4)(B)(ii)(II)) is amended to read as follows:

‘‘(II) the unemployment rate is not less than

140 percent of the average unemployment rate

for the United States or for the State in which

such county is located, whichever is less, based

on the most recent data available from the Secretary of Labor.’’.

(c) TEMPORARY QUALIFIED AREAS EXTENSION AND QUALIFIED

AREAS STUDY.—

(1) REDESIGNATED AREA.—Section 3(p)(4)(C) of the Small

Business Act (15 U.S.C. 632(p)(4)(C)) is amended by striking

‘‘only for the 3-year period following’’ and inserting the following: ‘‘only until the later of—

‘‘(i) the date on which the Census Bureau publicly

releases the first results from the 2010 decennial

census; or

‘‘(ii) 3 years after’’.

(2) STUDY AND REPORT.—

(A) STUDY.—The Independent Office of Advocacy of

the Small Business Administration shall conduct a study

of the HUBZone program to measure the effectiveness of

the definitions under section 3(p)(4) of the Small Business

Act (15 U.S.C. 632(p)(4)) relating to HUBZone qualified

15 USC 632 note.

118 STAT. 3458 PUBLIC LAW 108–447—DEC. 8, 2004

areas for the purposes of economic impact on small business

development and jobs creation.

(B) REPORT.—Not later than May 1, 2008, the Independent Office of Advocacy shall submit a report to the

Committee on Small Business and Entrepreneurship of

the Senate and the Committee on Small Business of the

House of Representatives that contains—

(i) the results of the study conducted under paragraph (1); and

(ii) any proposed changes to the existing definitions

under section 3(p)(4) of the Small Business Act (15

U.S.C. 632(p)(4)) relating to HUBZone qualified areas.

SEC. 153. PRICE EVALUATION PREFERENCE.

Section 31(b)(3) of the Small Business Act (15 U.S.C. 657a(b)(3))

is amended—

(1) by redesignating subparagraph (C) as subparagraph

(D); and

(2) by adding at the end the following:

‘‘(C) PROCUREMENT OF COMMODITIES FOR INTER- NATIONAL FOOD AID EXPORT OPERATIONS.—The price evaluation preference for purchases of agricultural commodities

by the Secretary of Agriculture for export operations

through international food aid programs administered by

the Farm Service Agency shall be 5 percent on the first

portion of a contract to be awarded that is not greater

than 20 percent of the total volume of each commodity

being procured in a single invitation.’’.

SEC. 154. HUBZONE AUTHORIZATIONS.

Section 31(d) of the Small Business Act (15 U.S.C. 657a(d))

is amended by striking ‘‘2001 through 2003’’ and inserting ‘‘2004

through 2006’’.

SEC. 155. PARTICIPATION IN FEDERALLY FUNDED PROJECTS.

Any small business concern that is certified, or otherwise meets

the criteria for participation in any program under section 8(a)

of the Small Business Act (15 U.S.C. 637(a)), shall not be required

by any State, or political subdivision thereof, to meet additional

criteria or certification, unrelated to the capability to provide the

requested products or services, in order to participate as a small

disadvantaged business in any program or project that is funded,

in whole or in part, by the Federal Government.

Subtitle F—Small Business Lending

Companies

SEC. 161. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL

BUSINESS LENDING COMPANIES.

Section 23 of the Small Business Act (15 U.S.C. 650) is amended

to read as follows:

‘‘SEC. 23. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL

BUSINESS LENDING COMPANIES.

‘‘(a) IN GENERAL.—The Administrator is authorized—

‘‘(1) to supervise the safety and soundness of small business

lending companies and non-Federally regulated lenders;

15 USC 657g.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3459

‘‘(2) with respect to small business lending companies to

set capital standards to regulate, to examine, and to enforce

laws governing such companies, in accordance with the purposes of this Act; and

‘‘(3) with respect to non-Federally regulated lenders to regulate, to examine, and to enforce laws governing the lending

activities of such lenders under section 7(a) in accordance with

the purposes of this Act.

‘‘(b) CAPITAL DIRECTIVE.— ‘‘(1) IN GENERAL.—If the Administrator determines that

a small business lending company is being operated in an

imprudent manner, the Administrator may, in addition to any

other action authorized by law, issue a directive to such company to increase capital to such level as the Administrator

determines will result in the safe and sound operation of such

company.

‘‘(2) DELEGATION.—The Administrator may not delegate the

authority granted under paragraph (1) except to an Associate

Deputy Administrator.

‘‘(3) REGULATIONS.—The Administrator shall issue regulations outlining the conditions under which the Administrator

may determine the level of capital pursuant to paragraph (1).

‘‘(c) CIVIL ACTION.—If a small business lending company violates this Act, the Administrator may institute a civil action in

an appropriate district court to terminate the rights, privileges,

and franchises of the company under this Act.

‘‘(d) REVOCATION OR SUSPENSION OF LOAN AUTHORITY.—

‘‘(1) The Administrator may revoke or suspend the

authority of a small business lending company or a non-Federally regulated lender to make, service or liquidate business

loans authorized by section 7(a) of this Act—

‘‘(A) for false statements knowingly made in any written submission required under this Act;

‘‘(B) for omission of a material fact from any written

submission required under this Act;

‘‘(C) for willful or repeated violation of this Act;

‘‘(D) for willful or repeated violation of any condition

imposed by the Administrator with respect to any application, request, or agreement under this Act; or

‘‘(E) for violation of any cease and desist order of the

Administrator under this section.

‘‘(2) The Administrator may revoke or suspend authority

under paragraph (1) only after a hearing under subsection

(f). The Administrator may delegate power to revoke or suspend

authority under paragraph (1) only to the Deputy Administrator

and only if the Administrator is unavailable to take such action.

‘‘(A) The Administrator, after finding extraordinary circumstances and in order to protect the financial or legal

position of the United States, may issue a suspension order

without conducting a hearing pursuant to subsection (f).

If the Administrator issues a suspension under the preceding sentence, the Administrator shall within two business days follow the procedures set forth in subsection

(f).

‘‘(B) Any suspension under paragraph (1) shall remain

in effect until the Administrator makes a decision pursuant

to subparagraph (4) to permanently revoke the authority

118 STAT. 3460 PUBLIC LAW 108–447—DEC. 8, 2004

of the small business lending company or non-Federally

regulated lender, suspend the authority for a time certain,

or terminate the suspension.

‘‘(3) The small business lending company or non-Federally

regulated lender must notify borrowers of a revocation and

that a new entity has been appointed to service their loans.

The Administrator or an employee of the Administration designated by the Administrator may provide such notice to the

borrower.

‘‘(4) Any revocation or suspension under paragraph (1) shall

be made by the Administrator except that the Administrator

shall delegate to an administrative law judge as that term

is used in section 3105 of title 5, United States Code, the

authority to conduct any hearing required under subsection

(f). The Administrator shall base the decision to revoke on

the record of the hearing.

‘‘(e) CEASE AND DESIST ORDER.—

‘‘(1) Where a small business lending company, a non-Federally regulated lender, or other person violates this Act or is

engaging or is about to engage in any acts or practices which

constitute or will constitute a violation of this Act, the Administrator may order, after the opportunity for hearing pursuant

to subsection (f), the company, lender, or other person to cease

and desist from such action or failure to act. The Administrator

may delegate the authority under the preceding sentence only

to the Deputy Administrator and only if the Administrator

is unavailable to take such action.

‘‘(2) The Administrator, after finding extraordinary circumstances and in order to protect the financial or legal position

of the United States, may issue a cease and desist order without

conducting a hearing pursuant to subsection (f). If the Administrator issues a cease and desist order under the preceding

sentence, the Administrator shall within two business days

follow the procedures set forth in subsection (f).

‘‘(3) The Administrator may further order such small business lending company or non-Federally regulated lender or

other person to take such action or to refrain from such action

as the Administrator deems necessary to insure compliance

with this Act.

‘‘(4) A cease and desist order under this subsection may

also provide for the suspension of authority to lend in subsection

(d).

‘‘(f) PROCEDURE FOR REVOCATION OR SUSPENSION OF LOAN

AUTHORITY AND FOR CEASE AND DESIST ORDER.—

‘‘(1) Before revoking or suspending authority under subsection (d) or issuing a cease and desist order under subsection

(e), the Administrator shall serve an order to show cause upon

the small business lending company, non-Federally regulated

lender, or other person why an order revoking or suspending

the authority or a cease and desist order should not be issued.

The order to show cause shall contain a statement of the

matters of fact and law asserted by the Administrator and

the legal authority and jurisdiction under which a hearing

is to be held, and shall set forth that a hearing will be held

before an administrative law judge at a time and place stated

in the order. Such hearing shall be conducted pursuant to

the provisions of sections 554, 556, and 557 of title 5, United

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3461

States Code. If after hearing, or a waiver thereof, the Administrator determines that an order revoking or suspending the

authority or a cease and desist order should be issued, the

Administrator shall promptly issue such order, which shall

include a statement of the findings of the Administrator and

the grounds and reasons therefor and specify the effective date

of the order, and shall cause the order to be served on the

small business lending company, non-Federally regulated

lender, or other person involved.

‘‘(2) Witnesses summoned before the Administrator shall

be paid by the party at whose instance they were called the

same fees and mileage that are paid witnesses in the courts

of the United States.

‘‘(3) A cease and desist order, suspension or revocation

issued by the Administrator, after the hearing under this subsection is final agency action for purposes of chapter 7 of

title 5, United States Code. An adversely aggrieved party shall

have 20 days from the date of issuance of the cease and desist

order, suspension or revocation, to seek judicial review in an

appropriate district court.

‘‘(g) REMOVAL OR SUSPENSION OF MANAGEMENT OFFICIAL.—

‘‘(1) DEFINITION.—In this section, the term ‘management

official’ means, with respect to a small business lending company or a non-Federally regulated lender, an officer, director,

general partner, manager, employee, agent, or other participant

in the management of the affairs of the company’s or lender’s

activities under section 7(a) of this Act.

‘‘(2) REMOVAL OF MANAGEMENT OFFICIAL.—

‘‘(A) NOTICE.—The Administrator may serve upon any

management official a written notice of its intention to

remove that management official if, in the opinion of the

Administrator, the management official—

‘‘(i) willfully and knowingly commits a substantial

violation of—

‘‘(I) this Act;

‘‘(II) any regulation issued under this Act;

‘‘(III) a final cease-and-desist order under this

Act; or

‘‘(IV) any agreement by the management official, the small business lending company or nonFederally regulated lender under this Act; or

‘‘(ii) willfully and knowingly commits a substantial

breach of a fiduciary duty of that person as a management official and the violation or breach of fiduciary

duty is one involving personal dishonesty on the part

of such management official.

‘‘(B) CONTENTS OF NOTICE.—A notice under subparagraph (A) shall contain a statement of the facts constituting

grounds therefor and shall fix a time and place at which

a hearing, conducted pursuant to sections 554, 556, and

557 of title 5, United States Code, will be held thereon.

‘‘(C) HEARING.—

‘‘(i) TIMING.—A hearing under subparagraph (B)

shall be held not earlier than 30 days and later than

60 days after the date of service of notice of the

hearing, unless an earlier or a later date is set by

the Administrator at the request of—

Deadline.

118 STAT. 3462 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(I) the management official, and for good

cause shown; or

‘‘(II) the Attorney General.

‘‘(ii) CONSENT.—Unless the management official

appears at a hearing under this paragraph in person

or by a duly authorized representative, the management official shall be deemed to have consented to

the issuance of an order of removal under subparagraph (A).

‘‘(D) ORDER OF REMOVAL.— ‘‘(i) IN GENERAL.—In the event of consent under

subparagraph (C)(ii), or if upon the record made at

a hearing under this subsection, the Administrator

finds that any of the grounds specified in the notice

of removal has been established, the Administrator

may issue such orders of removal from office as the

Administrator deems appropriate.

‘‘(ii) EFFECTIVENESS.—An order under clause (i)

shall—

‘‘(I) take effect 30 days after the date of service

upon the subject small business lending company

or non-Federally regulated lender and the management official concerned (except in the case of an

order issued upon consent as described in subparagraph (C)(ii), which shall become effective at the

time specified in such order); and

‘‘(II) remain effective and enforceable, except

to such extent as it is stayed, modified, terminated,

or set aside by action of the Administrator or a

reviewing court in accordance with this section.

‘‘(3) AUTHORITY TO SUSPEND OR PROHIBIT PARTICIPATION.—

‘‘(A) IN GENERAL.—In order to protect a small business

lending company, a non-Federally regulated lender or the

interests of the Administration or the United States, the

Administrator may suspend from office or prohibit from

further participation in any manner in the management

or conduct of the affairs of a small business lending company or a non-Federally regulated lender a management

official by written notice to such effect served upon the

management official. Such suspension or prohibition may

prohibit the management official from making, servicing,

reviewing, approving, or liquidating any loan under section

7(a) of this Act.

‘‘(B) EFFECTIVENESS.—A suspension or prohibition

under subparagraph (A)—

‘‘(i) shall take effect upon service of notice under

paragraph (2); and

‘‘(ii) unless stayed by a court in proceedings authorized by subparagraph (C), shall remain in effect—

‘‘(I) pending the completion of the administrative proceedings pursuant to a notice of intention

to remove served under paragraph (2); and

‘‘(II) until such time as the Administrator dismisses the charges specified in the notice, or, if

an order of removal or prohibition is issued against

the management official, until the effective date

of any such order.

Notice.

Effective date.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3463

‘‘(C) JUDICIAL REVIEW OF SUSPENSION PRIOR TO

HEARING.—Not later than 10 days after a management

official is suspended or prohibited from participation under

subparagraph (A), the management official may apply to

an appropriate district court for a stay of the suspension

or prohibition pending the completion of the administrative

proceedings pursuant to a notice of intent to remove served

upon the management official under paragraph (2).

‘‘(4) AUTHORITY TO SUSPEND ON CRIMINAL CHARGES.—

‘‘(A) IN GENERAL.—If a management official is charged

in any information, indictment, or complaint authorized

by a United States attorney, with a felony involving dishonesty or breach of trust, the Administrator may, by written

notice served upon the management official, suspend the

management official from office or prohibit the management official from further participation in any manner

in the management or conduct of the affairs of the small

business lending company or non-Federally regulated

lender.

‘‘(B) EFFECTIVENESS.—A suspension or prohibition

under subparagraph (A) shall remain in effect until the

information, indictment, or complaint is finally disposed

of, or until terminated by the Administrator or upon an

order of a district court.

‘‘(C) AUTHORITY UPON CONVICTION.—If a judgment of

conviction with respect to an offense described in subparagraph (A) is entered against a management official, then

at such time as the judgment is not subject to further

judicial review (and for purposes of this subparagraph shall

not include any petition for a writ of habeas corpus), the

Administrator may issue and serve upon the management

official an order removing the management official, effective

upon service of a copy of the order upon the small business

lending company or non-Federally regulated lender.

‘‘(D) AUTHORITY UPON DISMISSAL OR OTHER DISPOSITION.—A finding of not guilty or other disposition of charges

described in subparagraph (A) shall not preclude the

Administrator from instituting proceedings under subsection (e) or (f).

‘‘(5) NOTIFICATION TO SMALL BUSINESS LENDING COMPANY

OR A NON-FEDERALLY REGULATED LENDER.—Copies of each

notice required to be served on a management official under

this section shall also be served upon the small business lending

company or non-Federally regulated lender involved.

‘‘(6) FINAL AGENCY ACTION AND JUDICIAL REVIEW.—

‘‘(A) ISSUANCE OF ORDERS.—After a hearing under this

subsection, and not later than 30 days after the Administrator notifies the parties that the case has been submitted

for final decision, the Administrator shall render a decision

in the matter (which shall include findings of fact upon

which its decision is predicated), and shall issue and cause

to be served upon each party to the proceeding an order

or orders consistent with this section. The decision of the

Administrator shall constitute final agency action for purposes of chapter 7 of title 5, United States Code.

Deadline.

Deadline.

118 STAT. 3464 PUBLIC LAW 108–447—DEC. 8, 2004

‘‘(B) JUDICIAL REVIEW.—An adversely aggrieved party

shall have 20 days from the date of issuance of the order

to seek judicial review in an appropriate district court.

‘‘(h) APPOINTMENT OF RECEIVER.—

‘‘(1) In any proceeding under subsection (f)(4) or subsection

(g)(6)(C), the court may take exclusive jurisdiction of a small

business lending company or a non-Federally regulated lender

and appoint a receiver to hold and administer the assets of

the company or lender.

‘‘(2) Upon request of the Administrator, the court may

appoint the Administrator as a receiver under paragraph (1).

‘‘(i) POSSESSION OF ASSETS.—

‘‘(1) If a small business lending company or a non-Federally

regulated lender is not in compliance with capital requirements

or is insolvent, the Administrator may take possession of the

portfolio of loans guaranteed by the Administrator and sell

such loans to a third party by means of a receiver appointed

under subsection (h).

‘‘(2) If a small business lending company or a non-Federally

regulated lender is not in compliance with capital requirements

or is insolvent or otherwise operating in an unsafe and unsound

condition, the Administrator may take possession of servicing

activities of loans that are guaranteed by the Administrator

and sell such servicing rights to a third party by means of

a receiver appointed under subsection (h).

‘‘(j) PENALTIES AND FORFEITURES.—

‘‘(1) Except as provided in paragraph (2), a small business

lending company or a non-Federally regulated lender which

violates any regulation or written directive issued by the

Administrator regarding the filing of any regular or special

report shall pay to the United States a civil penalty of not

more than $5,000 for each day of the continuance of the failure

to file such report, unless it is shown that such failure is

due to reasonable cause and not due to willful neglect. The

civil penalties under this subsection may be enforced in a

civil action brought by the Administrator. The penalties under

this subsection shall not apply to any affiliate of a small business lending company that procures at least 10 percent of

its annual purchasing requirements from small manufacturers.

‘‘(2) The Administrator may by rules and regulations that

shall be codified in the Code of Federal Regulations, after

an opportunity for notice and comment, or upon application

of an interested party, at any time previous to such failure,

by order, after notice and opportunity for hearing which shall

be conducted pursuant to sections 554, 556, and 557 of title

5, United States Code, exempt in whole or in part, any small

business lending company or non-Federally regulated lender

from paragraph (1), upon such terms and conditions and for

such period of time as it deems necessary and appropriate,

if the Administrator finds that such action is not inconsistent

with the public interest or the protection of the Administration.

The Administrator may for the purposes of this section make

any alternative requirements appropriate to the situation.’’.

Deadline.

PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3465

SEC. 162. DEFINITIONS RELATING TO SMALL BUSINESS LENDING

COMPANIES.

Section 3 of the Small Business Act (15 U.S.C. 632) is amended

by adding at the end the following new subsection:

‘‘(r) DEFINITIONS RELATING TO SMALL BUSINESS LENDING

COMPANIES.—As used in section 23 of this Act:

‘‘(1) SMALL BUSINESS LENDING COMPANY.—The term ‘small

business lending company’ means a business concern that is

authorized by the Administrator to make loans pursuant to

section 7(a) and whose lending activities are not subject to

regulation by any Federal or State regulatory agency.

‘‘(2) NON-FEDERALLY REGULATED SBA LENDER.—The term

‘non-Federally regulated SBA lender’ means a business concern

if—

‘‘(A) such concern is authorized by the Administrator

to make loans under section 7;

‘‘(B) such concern is subject to regulation by a State;

and

‘‘(C) the lending activities of such concern are not regulated by any Federal banking authority.’’.

TITLE II—MISCELLANEOUS

AMENDMENTS

SEC. 201. AMENDMENT TO DEFINITION OF EQUITY CAPITAL WITH

RESPECT TO ISSUERS OF PARTICIPATING SECURITIES.

Section 303(g)(4) of the Small Business Investment Act of 1958

(15 U.S.C. 683 (g)(4)) is amended—

(1) in the first sentence, by striking ‘‘subsection’’ and

inserting ‘‘Act’’; and

(2) in the second sentence, by striking ‘‘contingent upon

and limited to the extent of earnings’’ and inserting ‘‘from

appropriate sources, as determined by the Administration’’.

SEC. 202. INVESTMENT OF EXCESS FUNDS.

Section 308(b) of the Small Business Investment Act (15 U.S.C.

687(b)) is amended by striking the last sentence and inserting

the following: ‘‘Any such company that is licensed before October

1, 2004 and has outstanding financings is authorized to invest

funds not needed for its operations—

‘‘(1) in direct obligations of, or obligations guaranteed as

to principal and interest by, the United States;

‘‘(2) in certificates of deposit or other accounts of federally

insured banks or other federally insured depository institutions,

if the certificates or other accounts mature or are otherwise

fully available not more than 1 year after the date of the

investment; or

‘‘(3) in mutual funds, securities, or other instruments that

consist of, or represent pooled assets of, investments described

in paragraphs (1) or (2).’’.

SEC. 203. SURETY BOND AMENDMENTS.

(a) CLARIFICATION OF MAXIMUM SURETY BOND GUARANTEE.—

Section 411(a)(1) of the Small Business Investment Act of 1958

(15 U.S.C. 694b(a)(1)) is amended by striking ‘‘contract up to’’ and

118 STAT. 3466 PUBLIC LAW 108–447—DEC. 8, 2004

LEGISLATIVE HISTORY—H.R. 4818 (S. 2812):

HOUSE REPORTS: Nos. 108–599 (Comm. on Appropriations) and 108–792

(Comm. of Conference).

SENATE REPORTS: No. 108–346 accompanying S. 2812 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 150 (2004):

July 13, 15, considered and passed House.

Sept. 23, considered and passed Senate, amended, in lieu of S. 2812.

Nov. 20, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Dec. 8, Presidential statement.

Æ

inserting ‘‘total work order or contract amount at the time of bond

execution that does not exceed’’.

(b) AUDIT FREQUENCY.—Section 411(g)(3) of the Small Business

Investment Act of 1958 (15 U.S.C. 694b(g)(3)) is amended by

striking ‘‘each year’’ and inserting ‘‘every three years’’.

(c) REPEAL.—Section 207 of the Small Business Reauthorization

and Amendment Act of 1988 (15 U.S.C. 694b note) is repealed.

SEC. 204. EFFECTIVE DATE FOR CERTAIN FEES.

Section 503(f) of the Small Business Investment Act of 1958

(15 U.S.C. 697(f)) is amended by striking ‘‘, but’’ and all that

follows through the end and inserting a period.

Approved December 8, 2004.